London borough fails in Planning Court challenge to ministerial approval for works on HS2 ecological mitigation site – Local Government Lawyer

‘The London Borough of Hillingdon has lost a judicial review challenge over a decision by government ministers to allow High Speed Two’s appeal over the council’s refusal to grant approval for proposed works for the creation of an ecological mitigation area.’

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Local Government Lawyer, 3rd January 2020

Source: www.localgovernmentlawyer.co.uk

Council refused permission to challenge Ombudsman findings on payment of special guardians – Local Government Lawyer

Posted December 19th, 2019 in budgets, children, families, fostering, guardianship, local government, news, ombudsmen by sally

‘A High Court judge has refused to grant Rochdale Council permission to challenge the findings of a Local Government and Social Care Ombudsman on the way it pays special guardians.’

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Local Government Lawyer, 19th December 2019

Source: www.localgovernmentlawyer.co.uk

High Court quashes decision by council to refuse to accept second homelessness application over failure to consider new medical evidence – Local Government Lawyer

‘A Deputy High Court judge has quashed a decision by a borough council to refuse a claimant’s second homelessness application, after it failed to take into account new medical evidence.’

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Local Government Lawyer, 16th December 2019

Source: www.localgovernmentlawyer.co.uk

Council acted unlawfully when assessing whether applicant was ‘former relevant child’ – Local Government Lawyer

Posted December 16th, 2019 in benefits, children, local government, news, statutory interpretation by tracey

‘The High Court has ruled that the London Borough of Ealing acted unlawfully in its assessment of whether applicant AB was a “former relevant child” within the meaning of section 23C of the Children Act 1989.’

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Local Government Lawyer, 13th December 2019

Source: www.localgovernmentlawyer.co.uk

Relief for councils as NHS trusts lose High Court bid to claim £1.5bn charities reduction on business rates – Local Govenment Lawyer

Posted December 16th, 2019 in charities, hospitals, local government, news, rates by tracey

‘A group of 17 NHS foundation trusts have failed to persuade a High Court judge that they are charities and so eligible for substantial reductions on the non-domestic rates payable on the properties they occupy.’

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Local Govenment Lawyer, 12th December 2019

Source: www.localgovernmentlawyer.co.uk

‘ “Village green” ’ land at risk after ruling by supreme court – The Guardian

Posted December 16th, 2019 in appeals, commons, local government, news, planning, Supreme Court by tracey

‘Decision on Moorside Fields in Lancaster makes it harder to stop public space being developed.’

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The Guardian, 14th December 2019

Source: www.theguardian.com

Supreme Court allows appeals by land-owning public bodies in dispute over statutory incompatibility and village green registration – Local Government Lawyer

Posted December 12th, 2019 in commons, education, health, land registration, local government, news, Supreme Court by tracey

‘The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.’

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Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

Guidelines for judges to divert newborns from care proceedings – Law Society’s Gazette

Posted December 12th, 2019 in birth, care orders, judiciary, local government, news, pregnancy, reports by tracey

‘Newborns could be diverted from care proceedings if more time is given to pre-birth assessments where there are safeguarding concerns, according to a review published today.’

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Law Society's Gazette, 11th December 2019

Source: www.lawgazette.co.uk

Court of Appeal dismisses appeal by council over bid to include cost of supervising driver conduct in fees for taxi and PHV vehicle licences – Local Government Lawyer

Posted December 11th, 2019 in appeals, fees, judicial review, licensing, local government, news, professional conduct, taxis by tracey

‘The Court of Appeal has dismissed a council’s appeal over whether it acted unlawfully when it resolved to fix the fees for vehicle licences for taxis and private hire vehicles at an amount which included recovery of all or part of the cost of supervising the conduct of drivers licensed to drive such vehicles.’

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Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

Council fined £500k after first prosecution by CQC over failure to provide safe care – Local Government Lawyer

‘Derbyshire County Council has been fined £500,000 following the first prosecution that the Care Quality Commission has brought against a local authority since the watchdog was given powers to prosecute health and social care providers for failing to provide safe care and treatment in 2015.’

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Local Government Lawyer, 10th December 2019

Source: www.localgovernmentlawyer.co.uk

Couple ‘told they couldn’t adopt a white child because of their Indian heritage’ win £120,000 in landmark discrimination case – Daily Telegraph

Posted December 9th, 2019 in adoption, children, damages, equality, families, local government, news, race discrimination by sally

‘A British couple have won nearly £120,000 in damages following a landmark discrimination case after they were told they could not adopt a “white child” because of their Indian heritage.’

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Daily Telegraph, 6th December 2019

Source: www.telegraph.co.uk

Dispute over empty properties and £10m+ in business rates to go to Supreme Court – Local Government Lawyer

Posted December 9th, 2019 in appeals, interpretation, leases, local government, news, rates, Supreme Court by sally

‘The Supreme Court has agreed to hear a dispute over empty commercial properties and whether councils are owed more than £10m in business rates arrears.’

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Local Government Lawyer, 6th December 2019

Source: www.localgovernmentlawyer.co.uk

Council fined £1.4m after child suffers life-changing head injury in “easily preventable” incident – Local Government Lawyer

Posted December 6th, 2019 in fines, health & safety, local government, news, personal injuries, roads by sally

‘Hampshire County Council has been fined £1.4m after a six-year-old girl playing on an unsecured street bollard suffered a life-changing head injury.’

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Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

Trafficked woman loses judicial review challenge amid age assessment confusion – Local Government Lawyer

Posted December 6th, 2019 in judicial review, local government, news, trafficking in human beings by sally

‘A trafficked Vietnamese woman has lost a judicial review against two councils over her age assessment, though the judge involved criticised both authorities for failing to resolve the matter earlier.’

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Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules as academic proceedings on discretionary housing payments and contributions – Local Government Lawyer

Posted December 5th, 2019 in appeals, benefits, housing, judicial review, local government, news by sally

‘The Court of Appeal had dismissed as academic a case brought against the London Borough of Islington over its discretionary housing payments (DHP) policy and a requirement for a claimant to make a contribution to a shortfall in rent.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Councils Appeal High Court Ruling On Traveller Ban – Rights Info

‘The Court of Appeal has heard a landmark case which could have wide-ranging implications on whether local authorities can use injunctions to place a blanket ban on Travellers camping on public land.’

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Rights Info, 4th December 2019

Source: rightsinfo.org

Borough council secures guilty pleas for plying for hire during Cheltenham Festival – Local Government Lawyer

Posted December 4th, 2019 in guilty pleas, insurance, licensing, local government, news, prosecutions, taxis by tracey

‘Cheltenham Borough Council has successfully prosecuted five drivers for unlawfully plying for hire during Cheltenham Festival 2019.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Councils and housing associations “face multi-million pound refunds to tenants after water re-selling test case in High Court – Local Government Lawyer

‘Local authorities and housing associations could face having to refund millions of pounds to tenants after a council lost a test case in the High Court on water re-selling, it has been claimed.’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Consider decriminalisation to tackle drug death ‘crisis’, say treatment providers in unprecedented plea – The Independent

‘The future government has been urged to consider every available measure to curb the current drug death “crisis”, including decriminalisation, in an unprecedented plea from the UK’s major drug treatment providers.’

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The Independent, 2nd December 2019

Source: www.independent.co.uk

Après nous le déluge – rents and water resellers – Nearly Legal

Posted December 2nd, 2019 in landlord & tenant, local government, news, rates, rent, water by tracey

‘Royal Borough of Kingston-Upon-Thames v Moss (2019) EWHC 3261 (Ch). Ever since Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report), the position on water rates taken as rent by a number of London Councils and Housing Associations under agreements with Thames Water has been conflicted. Some councils (including Southwark) refunded tenants the ‘discount’ that they had received. Other councils did nothing, and frantically tried to settle and defence to rent arrears possession proceedings that raised the water rates point (not always successfully), in the hope and expectation that someone else would take another case to the High Court and overturn or distinguish Jones.’

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Nearly Legal, 1st December 2019

Source: nearlylegal.co.uk