Tribunal upholds fixed penalties imposed on HMO landlord for property management failures but reduces amount payable – Local Government Lawyer

Posted August 30th, 2022 in houses in multiple occupation, local government, news, penalties, repairs by tracey

‘A landlord has been ordered to pay £23,000 for failing to maintain two Houses in Multiple Occupation (HMO) after Tendring District Council took action.’

Full Story

Local Government Lawyer, 25th August 2022

Source: www.localgovernmentlawyer.co.uk

When Code and RAMS Collide – Local Government Lawyer

‘James Nelson takes a look at the High Court’s decision in Cornerstone Telecommunications Infrastructure Limited v London Borough of Hackney.’

Full Story

Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Public law children case update: August 2022 – Local Government Lawyer

‘Jaime Turner rounds up the most interesting and relevant public law cases.’

Full Story

Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Proportionality in adoption cases – Local Government Lawyer

‘Lisa Edmunds summarises four decisions about proportionality in adoption cases and sets out the takeaway points for everyday practice.’

Full Story

Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Local authority age assessments considered in R (HAM) v Brent LBC – UK Human Rights Blog

Posted August 23rd, 2022 in asylum, children, human rights, immigration, judicial review, local government, news by sally

‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’

Full Story

UK Human Rights Blog, 22nd August 2022

Source: ukhumanrightsblog.com

Homelessness – suitability and distance to school – Nearly Legal

Posted August 22nd, 2022 in children, families, homelessness, housing, local government, news, school children by tracey

‘The Queen on the Application of Fokou v London Borough of Southwark (2022) EWHC 1452 (Admin) (not on Bailii, judgment on Westlaw). This was an application for interim relief in judicial review proceedings regarding suitability of accommodation and alleging breach of the Children Act 2004 s.11(2) duty to discharge the Council’s functions in such a way as to safeguard and promote the welfare of children.’

Full Story

Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Bullale again – settled accommodation and intentional homelessness – Nearly Legal

Posted August 22nd, 2022 in appeals, homelessness, housing, landlord & tenant, local government, news, repossession by tracey

‘Following the the Court of Appeal judgment in Bullale v City of Westminster Council (2020) EWCA Civ 1587 (our note) quashing Westminster’s review decision, Westminster had another go at a review decision as to whether Ms Bullale was intentionally homeless or not. In fact they had a further two goes. The second review decision went against Ms B, but the following s.204 appeal was compromised and a fresh, third, review decision undertaken. That also went against Ms B, and this is the resulting s.204 appeal judgment.’

Full Story

Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Permanent exclusion decisions and disability discrimination claims – Local Government Lawyer

‘The First-tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim, the Upper Tribunal confirmed. Katherine Anderson analyses the judgment.’

Full Story

Local Government Lawyer. 19th August 2022

Source: www.localgovernmentlawyer.co.uk

Read, check, repeat: the key to avoiding procurement errors – Local Government Lawyer

Posted August 22nd, 2022 in local government, news, public procurement by tracey

‘Juli Lau and Gonzalo Puertas outline their key takeaways on a procurement judgment from the Technology and Construction Court.’

Full Story

Local Government Lawyer. 19th August 2022

Source: www.localgovernmentlawyer.co.uk

The role of CIL liability notices and demand notices – Local Government Lawyer

Posted August 19th, 2022 in local government, news, notification, planning by tracey

‘Christopher Cant reviews the role played by liability and demand notices in the operation of the Community Infrastructure Levy (CIL) regime and analyses two recent court rulings.’

Full Story

Local Government Lawyer, 19th August 2022

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal requires council to secure EHCP for student who is hypersensitive to Wi-Fi signals – Local Government Lawyer

‘The Upper Tribunal has ruled that a council must secure special educational provision for a child who has electromagnetic hypersensitivity and is particularly sensitive to Wi-Fi signals.’

Full Story

Local Government Lawyer, 17th August 2022

Source: www.localgovernmentlawyer.co.uk

Council reaffirms adoption of development plan document despite judicial review threat – Local Government Lawyer

Posted August 17th, 2022 in housing, judicial review, local government, news, planning by sally

‘Mid Sussex Council has reaffirmed its decision to adopt a development plan document that could see the building of 1700 homes, despite a threat of judicial review by one of its own councillors, who argues the decision was procedurally flawed.’

Full Story

Local Government Lawyer, 16th August 2022

Source: www.localgovernmentlawyer.co.uk

Realistic care options without magic wands: CV (A Child) (Placement Order) [2022] EWCA Civ 930 – Becket Chambers

‘This article considers the successful appeal of a first instance case in which a final placement order was made in respect of a young child with complex medical needs.’

Full Story

Becket Chambers, 10th August 2022

Source: becket-chambers.co.uk

Right to free period products becomes law in Scotland – BBC News

Posted August 16th, 2022 in education, health, local government, news, Scotland, women by sally

‘Scotland has made public health history by making it the law for public settings to provide period products.’

Full Story

BBC News, 15th August 2022

Source: www.bbc.co.uk

High Court gives green light for fourth judicial review challenge regarding future of London housing estate – Local Government Lawyer

Posted August 15th, 2022 in consultations, housing, judicial review, local government, London, news, planning by tracey

‘A judicial review challenge of Lambeth Council’s planning approval of a plan that would demolish part of a 1970s estate will be heard in November, making it the fourth judicial review application concerning the estate in seven years.’

Full Story

Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Breach of condition notices and the public sector equality duty – Local Government Lawyer

Posted August 15th, 2022 in enforcement notices, judicial review, local government, news, planning by tracey

‘A High Court judge recently dismissed a judicial review challenge over a council’s decision to issue a Breach of Condition Notice. Roderick Morton explains why.’

Full Story

Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Appealing review decisions of the SEN Tribunal for Wales – Local Government Lawyer

‘The Upper Tribunal has confirmed appeals can be brought against review decisions of the SEN Tribunal for Wales. Matthew Wyard analyses the ruling.’

Full Story

Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Windsor and Maidenhead council caused mother ‘serious distress’ over education – BBC News

Posted August 15th, 2022 in autism, compensation, education, local government, news, special educational needs by tracey

‘A council caused a mother “serious distress and anxiety” by failing to provide her daughter, who has special needs, with appropriate education for seven months. Royal Borough of Windsor and Maidenhead will pay the mother £5,250 in compensation for the failures.’

Full Story

BBC News, 15th August 2022

Source: www.bbc.co.uk

Landlord ordered to pay £40k in fine and costs for breaches of property licensing conditions – Local Government Lawyer

‘A London landlord who repeatedly failed to comply with licensing regulations, including refusal to provide a kitchen for a tenant, has been ordered to pay £40,000 in fine and costs.’

Full Story

Local Government Lawyer, 9th August 2022

Source: www.localgovernmentlawyer.co.uk

Council must consider impact on Welsh Language in all policy decisions relating to its community property stock, Tribunal affirms – Local Government Lawyer

Posted August 10th, 2022 in appeals, enforcement, local government, news, Wales by sally

‘The Welsh Language Tribunal has dismissed Swansea Council’s appeal of a report from the Welsh Language Commissioner, which found the local authority had failed to consider the impact of the sale of an ex-school site on the Welsh language.’

Full Story

Local Government Lawyer, 9th August 2022

Source: www.localgovernmentlawyer.co.uk