Mother faces £20,000 costs bill despite successfully challenging care order – Law Society’s Gazette

Posted February 23rd, 2018 in costs, legal aid, local government, news, placement orders by tracey

‘Local authorities should not have to cover legal aid funding deficiencies, the Court of Appeal has said, while upholding a mother’s challenge against a placement order. A placement order allows the local authority to place a child with suitable adopters following care proceedings, even if the parents do not agree.’

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Law Society's Gazette, 22nd February 2018

Source: www.lawgazette.co.uk

Government loses clean air court case – BBC News

Posted February 22nd, 2018 in environmental health, local government, news, pollution by sally

‘Campaigners have won a third High Court victory over the UK government’s plans to tackle air pollution.’

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BBC News, 21st February 2018

Source: www.bbc.co.uk

Children Act and Housing – (not) joining the dots – Nearly Legal

Posted February 19th, 2018 in children, disabled persons, housing, local government, news by sally

‘This is a very interesting judicial review, concerning the interrelation of a council’s housing duties under Part 6 and Part 7 Housing Act 1996 and duties to children under s.17 Children Act 1989.’

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Nearly Legal, 18th February 2018

Source: nearlylegal.co.uk

Judge rejects challenge to removal of description in register of political parties – Local Government Lawyer

Posted February 15th, 2018 in incitement, local government, news, political parties, violence by sally

‘A High Court judge has dismissed a legal challenge brought by the English Democrats to a decision by the Electoral Commission to remove one of 12 descriptions included in the party’s entry in the register of political parties for Great Britain.’

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Local Government Lawyer, 15th February 2018

Source: www.localgovernmentlawyer.co.uk

Vulnerable people ‘trapped in homelessness’ due to law – BBC News

Posted February 14th, 2018 in homelessness, housing, local government, mental health, news, reports by michael

‘Vulnerable people are unable to access social housing, potentially trapping them “in a cycle of homelessness”, due to a change in the law.’

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BBC News, 14th February 2018

Source: www.bbc.co.uk

Breaching licensing and proceeds of crime – Nearly Legal

Posted February 12th, 2018 in landlord & tenant, licensing, local government, news, proceeds of crime by tracey

‘Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow). The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing conditions.’

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Nearly Legal, 11th Febraury 2018

Source: nearlylegal.co.uk

High Court clarifies ability of local authorities to enter into limited liability partnerships – OUT-LAW.com

‘A local authority acted within its powers when it set up a limited liability partnership (LLP) to deliver a new housing and community scheme, the High Court has ruled.’

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OUT-LAW.com, 9th February 2018

Source: www.out-law.com

GPOC – Local Government Law

Posted February 8th, 2018 in consultations, contracting out, housing, local government, news by tracey

‘The General Power of Competence (“GPOC”) in Section 1 of the Localism Act 2011 (“LA 2011”) and its exclusion, by Section 4 of LA 2011, when an authority is acting “for a commercial purpose”, but not through a limited company, has been considered in Peters v Haringey LBC (2018) EWHC 192 (Admin). The case is concerned with the Haringey Development Vehicle (“the HDV”). The purpose of the HDV is to create a partnership, by way of a limited liability partnership (“LLP”), between the Defendant Council, and a private sector body, Lendlease, and to bring private sector finance, experience and expertise to the task of developing the Council’s land for its better use, and so achieving the Council’s strategic aims in housing, affordable housing and employment. The Claimant challenged by way of judicial review a decision made by the Council through its Cabinet, on 20 July 2017, to confirm Lendlease after a procurement process as the successful bidder to become the Council’s partner in the HDV, and also approved the structure of the HDV.’

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Local Government Law, 8th February 2018

Source: local-government-law.11kbw.com

Council fined £100k after vulnerable employee hit by reversing dust cart – Local Government Lawyer

Posted February 8th, 2018 in contracting out, fines, health & safety, local government, news, waste by tracey

‘A London borough has been fined £100,000 after a vulnerable employee was crushed by a reversing dust cart, suffering significant injury. Waste company Veolia ES (UK) was meanwhile fined £250,000 for its role in the incident, which took place on 9 May 2016.’

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Local Government Lawyer, 6th February 2018

Source: www.localgovernmentlawyer.co.uk

Institute of Licensing consults on guidance on suitability of taxi, PHV applicants – Local Government Lawyer

Posted February 5th, 2018 in consultations, licensing, local government, news, taxis by sally

‘The Institute of Licensing (IoL) has launched a consultation on proposed guidance on determining the suitability of applicants and licensees in the hackney and private hire trades.’

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Local Government Lawyer, 2nd Februaru 2018

Source: www.localgovernmentlawyer.co.uk

Council faces legal challenge over award of children’s public health contract – Local Government Lawyer

Posted February 2nd, 2018 in children, contracting out, health, local government, news, young persons by sally

‘Two NHS trusts have brought a legal challenge over Lancashire County Council’s award of a contract for public health services for children aged 0 to 19.’

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Local Government Lawyer, 1st February 2018

Source: www.localgovernmentlawyer.co.uk

Criminal landlords could lose all earnings after court ruling – The Guardian

Posted February 2nd, 2018 in landlord & tenant, local government, news, proceeds of crime by sally

‘Criminal landlords who rent out illegally dangerous homes will be forced to give up all their earnings, following a court ruling that could strengthen powers to tackle Britain’s worst housing.’

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The Guardian, 1st February 2018

Source: www.theguardian.com

Green light given to judicial review of accountable care organisations in NHS – Local Government Lawyer

‘Campaigners including scientist Professor Stephen Hawking have won permission from the High Court to challenge the government’s planned creation of accountable care organisations (ACO) in the NHS.’

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Local Government Lawyer, 1st February 2108

Source: www.localgovernmentlawyer.co.uk

Watchdog launches review of local government ethical standards – Local Government Lawyer

Posted January 31st, 2018 in local government, news, standards by sally

‘The Committee on Standards in Public Life has launched a review of local government ethical standards with a call for evidence.’

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Local Government Lawyer, 30th January 2018

Source: www.localgovernmentlawyer.co.uk

London council tenants in line for water payouts – BBC News

Posted January 31st, 2018 in local government, news, repayment, water by sally

‘Councils in London have set aside millions of pounds and thousands of tenants may be in line for payouts after a landmark legal ruling over water charges.’

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BBC News, 31st January 2018

Source: www.bbc.co.uk

Campaigners to seek judicial review over hospital closures in Forest of Dean – Local Government Lawyer

Posted January 30th, 2018 in consultations, hospitals, local government, news by sally

‘Campaigners have vowed to challenge in the courts a decision to close two community hospitals in the Forest of Dean.’

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Local Government Lawyer, 30th January 2018

Source: www.localgovernmentlawyer.co.uk

Borough council secures £70,000 fine for HMO offences – Local Government Lawyer

Posted January 30th, 2018 in costs, fines, housing, landlord & tenant, local government, news by sally

‘Luton Borough Council has secured its largest ever fine – £70,000 – for breaches of the law regarding houses in multiple occupation (HMO).’

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Local Government Lawyer, 30th January 2018

Source: www.localgovernmentlawyer.co.uk

Judge rejects challenge to decision that 9-year-old was not a “child in need” – Local Government Lawyer

Posted January 25th, 2018 in children, housing, local government, news by tracey

‘A High Court judge has dismissed a claim for judicial review over a decision of Birmingham City Council that a child was not a “child in need” for the purposes of section 17 of the Children Act 1989.’

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Local Government Lawyer, 25th January 2018

Source: www.localgovernmentlawyer.co.uk

Court rejects challenge to LGO finding on personal injury awards and care needs – Local Government Lawyer

Posted January 25th, 2018 in compensation, local government, news, personal injuries, social services by tracey

‘The High Court has rejected as “totally without merit” a challenge brought by a council to a finding by the Local Government and Social Care Ombudsman (LGO) that the authority could not take into account a woman’s personal injury award when carrying out an assessment of her finances.’

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Local Government Lawyer, 25th January 2018

Source: www.localgovernmentlawyer.co.uk

Joanna Bell: Dover DC v CPRE Kent: Legal Complexity and Reason-Giving in Planning Law – UK Constitutional Law Association

Posted January 23rd, 2018 in appeals, local government, news, planning, Supreme Court by sally

‘Where a public authority determines an application for planning permission in what form, and in what level of detail, must the authority set out the reasons for their decision? What, furthermore, are the consequences of failing to provide reasons which meet the requisite standard? The Supreme Court’s recent decision in Dover DC v Campaign to Protect Rural England (CPRE), Kent is a clear reminder that there is no singular, straightforward answer to these questions. Thus reason-giving requirements vary in planning law according to, at least, the decision-maker under review (local authority, officer exercising delegated powers or the Secretary of State), whether planning permission is refused or granted, the nature of the development for which permission is sought and the type of land to which the application relates.’

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UK Constitutional Law Association, 22nd January 2018

Source: ukconstitutionallaw.org