Developer fails in claim that 135-home residential scheme was appropriate alternative development for compulsorily purchased site – Local Government Lawyer

Posted May 14th, 2020 in compulsory purchase, local government, news, planning by sally

‘A judge has rejected a developer’s claim that 135 homes would have been appropriate alternative development for a site compulsorily purchased for a bypass.’

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Local Government Lawyer, 14th May 2020

Source: www.localgovernmentlawyer.co.uk

Interim injunctions against persons unknown – Law Society’s Gazette

Posted May 14th, 2020 in anonymity, injunctions, local government, news, travellers by sally

‘As George Harrison once sang: ‘All things must pass.’ So while protesters, trespassers and others may now be quietly isolated (keyboard activism apart), normal life will eventually resume – and with it will come the need to restrain any unlawful or other anti-social behaviour.’

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Law Society's Gazette, 11th May 2020

Source: www.lawgazette.co.uk

Charity sends letter before action over regulations relaxing social care protections – Local Government Lawyer

‘Children’s rights charity Article 39 has threatened the Department for Education with legal action if it does not withdraw regulations aimed at assisting the children’s care sector during the COVID-19 crisis.’

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Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects challenge over lawfulness of PD51Z staying possession proceedings: report – Local Government Lawyer

‘The Court of Appeal has upheld the lawfulness of Practice Direction 51Z, the Housing Law Practitioners Association (HLPA) has reported.’

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Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk

Separation REALLY is the last resort – Garden Court Chambers

‘In this case, the local authority successfully applied for an interim care order as a result of the mother’s longstanding drug addiction (which had led to the need for one leg to be amputated and the use of a wheelchair), her chaotic lifestyle, and domestic abuse concerns. The child was placed with her mother in a residential unit.’

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Garden Court Chambers, 27th April 2020

Source: www.gardencourtchambers.co.uk

FINDINGS OF FACT………’Failure to protect’. – Becket Chambers

‘It is always good to return to basics and remind ourselves of the fundamental principle that ‘findings of fact’ must be based on evidence, and this can include inferences that can properly be drawn from the evidence’. A reminder that it is not on suspicion or simply speculation. (RE A (Fact Finding: Disputed Findings) [2011] EWCA Civ 12 [2011] 1 FLR 1817.’

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Becket Chambers, 5th May 2020

Source: becket-chambers.co.uk

Court upholds ban on anti-abortion poster targeting Stella Creasy – The Guardian

Posted May 7th, 2020 in abortion, freedom of expression, human rights, local government, news by sally

‘An anti-abortion campaigner who is banned from displaying a poster featuring an image of a dead foetus alongside a picture of the Labour MP Stella Creasy has failed to overturn a council order against him.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

How Should Reviewing Officers Approach the Question of Intentionality? – St Ives Chambers

‘This article focusses on the approach that reviewing officers should take when deciding whether someone has made themselves intentionally homeless following the Court of Appeal’s decision in LB v London Borough of Tower Hamlets [2020] EWCA Civ 439.’

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St Ives Chambers, 29th April 2020

Source: www.stiveschambers.co.uk

Suitability in the time of Coronavirus – Doughty Street Chambers

Posted May 5th, 2020 in coronavirus, homelessness, housing, local government, news by sally

‘The conditions in which many statutorily homeless people live are frequently sub-optimal. Everyone has an anecdotal story of a family of five provided with temporary accommodation in a studio flat above a nightclub which is accessed via a dark alleyway, which the local authority insist is suitable. A frequent source of controversy is the use of hostels to discharge duties, where potentially highly vulnerable people are required to live with and share facilities with those who they do not know.’

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Doughty Street Chambers, 1st May 2020

Source: insights.doughtystreet.co.uk

Re A (Children) (Remote Hearing: Care and Placement Orders)[2020] EWCA Civ 583 – Broadway House Chambers

‘This is the first appeal in a case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 crisis.’

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Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

Children’s Commissioner for England calls for revocation of “unnecessary” regulations relaxing children’s social care protections – Local Government Lawyer

‘The Children’s Commissioner for England, Anne Longfield, has sharply criticised the government’s relaxation of regulations relating to children’s social care, saying she does not believe that they are necessary except in one limited case.’

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Local Government Lawyer, 1st May 2020

Source: www.localgovernmentlawyer.co.uk

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020, and a little bit of history. – Transparency Project

‘The regulations make changes to the duties that local authorities have with regards to safeguarding children. These are temporary changes and the regulations give a date in September 2020 for them to lapse. This date can be extended, reviewed or simply removed. They were simply made by virtue of the Coronavirus Act 2020. Parliament did not need to approve them first.’

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Transparency Project, 3rd May 2020

Source: www.transparencyproject.org.uk

High Court judge sends copy of ruling to ministers to express concern over “nationwide problem” of lack of capacity for secure care – Local Government Lawyer

‘A High Court judge has sent ministers a copy of a ruling in which he expressed concern at a “nationwide problem” of the very limited capacity in the children’s social care system for young people with complex needs who need secure care.’

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Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

Judge orders fresh hearing of appeal over school places decision after successful challenge by renting residents – Local Government Lawyer

‘A panel that hears appeals against decisions on school places in Richmond-upon-Thames must reconsider a decision in relation to a family resident in rented property, the High Court has ruled.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Government legal move risks councils ‘downing tools’ on support for disabled children – Law Society’s Gazette

‘The Department for Education has taken two key steps to relieve councils of duties related to children with special educational needs (SEN) during the Covid-19 crisis.’

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Law Society's Gazette, 1st May 2020

Source: www.lawgazette.co.uk

Supreme Court rules against government on LGPS and ethical disinvestment – Local Government Lawyer

Posted May 1st, 2020 in appeals, local government, news, pensions, Supreme Court by sally

‘The Supreme Court has overturned ministerial guidance to the Local Government Pension Scheme (LGPS) that was intended to put a stop to certain types of ethical disinvestment.’

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Local Govdernment Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (Palestine Solidarity Campaign Ltd & Anor) v Secretary of State for Communities and Local Government [2020] UKSC 16 – UKSC Blog

Posted May 1st, 2020 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘This appeal concerns the breadth of the ethical investments that the authorities which administer the local government pension scheme are permitted to make. The appellants brought a claim for judicial review alleging that two passages in the guidance issued by the Secretary of State pursuant to the Local Government Pension Scheme (Management and Investment of Funds) Regulations in 2016 was unlawful. The first passage concerned states that “the Government has made clear that using pension policies to pursue boycotts, divestment and sanctions against foreign nations and UK defence industries are inappropriate, other than where formal legal sanctions, embargoes and restrictions have been put in place by the Government”. The second passage states that authorities “[s]hould not pursue policies that are contrary to UK foreign policy or UK defence policy”.’

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UKSC Blog, 30th April 2020

Source: ukscblog.com

Campaigners given permission for legal challenge over guidance from council on transgender issues in schools – Local Government Lawyer

‘The High Court has granted a campaign group permission for a judicial review challenge over Oxfordshire County Council’s guidance on transgender issues in schools.’

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Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

Department for Education relaxes statutory timescales in four sets of regulations relating to SEN system – Local Government Lawyer

‘Various statutory deadlines in four sets of regulations dealing with special educational needs and disabilities, principally those that relate to EHC [Education, Health and Care] needs assessment and plan processes, will be modified with effect from tomorrow (1 May).’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal sets out ‘cardinal points’ on remote hearings and approach to public law children cases – Local Government Lawyer

‘The Court of Appeal has handed down rulings in the first two appeals relating to the welfare of children to have reached the court on the issue of remote hearings during the COVID-19 pandemic.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk