Buildings Safety Act 2022: Different statutory regimes do not operate in isolation (Various leaseholders of Priory Heights v Central Beds Council) – Tanfield Chambers

‘Priory Heights, a former tax office, is over 29 metres high, was converted from commercial to residential use between 2003 and 2008, and contains 64 flats. It contains two staircases one of which is external and covered in combustible HPL cladding. It is indisputable that the cladding must be removed and replaced. The necessary remediation measures also include compartmentation and fire stopping work in the building’s common parts.’

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Tanfield Chambers, 20th July 2023

Source: www.tanfieldchambers.co.uk

‘As easy as 123’ – Section 123 of the Local Government Act 1972 considered in R (Cilldara) v West Northamptonshire Council [2023] EWHC 1675 (Admin) – Local Government Lawyer

Posted August 4th, 2023 in judicial review, land registration, local government, news, valuation by tracey

‘Colin Ricciardello and Jonathan Blunden analyse the increasing number of challenges to councils’ use of s123 of the Local Government Act 1972 (the “1972 Act”).’

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Local Government Lawyer, 4th August 2023

Source: www.localgovernmentlawyer.co.uk

The power to regulate proceedings and place restrictions on councillor voting – Local Government Lawyer

Posted August 4th, 2023 in appeals, local government, news by tracey

‘Philip McCourt looks at a recent Court of Appeal case and what that means for committee members who aren’t present for a full item of business but may still wish to vote.’

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Local Government Lawyer, 4th August 2023

Source: www.localgovernmentlawyer.co.uk

Council defeats Court of Appeal challenge over rule in constitution on councillor voting and deferred planning applications – Local Government Lawyer

Posted August 3rd, 2023 in local government, London, news, planning, ultra vires by sally

‘The London Borough of Tower Hamlets was entitled to make a rule that only councillors who had been present when a planning application had previously been considered could vote on deferred applications, the Court of Appeal has found.’

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Local Government Lawyer, 3rd August 2023

Source: www.localgovernmentlawyer.co.uk

High Court upholds order for possession leaving disabled 62-year-old woman homeless – Local Government Lawyer

Posted August 3rd, 2023 in disabled persons, equality, housing, local government, news, repossession by sally

‘Reading Borough Council has defeated an appeal against eviction by a disabled resident with a long history of anti-social behaviour.’

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Local Government Lawyer, 3rd August 2023

Source: www.localgovernmentlawyer.co.uk

Children’s Commissioner for England asks for views on adding care experience to list of ‘protected characteristics’ – Local Government Lawyer

Posted August 2nd, 2023 in adoption, care homes, children, equality, fostering, local government, news by sally

The Children’s Commissioner for England, Dame Rachel de Souza, is to ask care-experienced people for their views on whether care experience should be a ‘protected characteristic’ under the Equality Act 2010 – “like age, disability or religion currently are”.

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Local Government Lawyer, 1st August 2023

Source: www.localgovernmentlawyer.co.uk

Intentional homelessness – what counts as accommodation? – Nearly Legal

Posted August 1st, 2023 in appeals, homelessness, housing, local government, news by sally

‘A second appeal to the Court of Appeal on Folkestone’s decision that Ms Hodge was intentionally homeless because she had left a room in a hostel run by a charity that she was occupying under licence.’

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Nearly Legal, 31st July 2023

Source: nearlylegal.co.uk

Council told to pay £6,000 after condition of property forced family to share one bedroom – Local Government Lawyer

Posted August 1st, 2023 in compensation, housing, local government, news, ombudsmen by sally

‘The Housing Ombudsman has called on Barking and Dagenham Council to pay £6,000 to a resident after leaving her and her family of six in damp and mould for more than two-and-a-half years, in which they were eventually all forced to share one bedroom.’

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Local Government Lawyer, 31st July 2023

Source: www.localgovernmentlawyer.co.uk

Suitability appeal – don’t ignore evidence of need – Nearly Legal

‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’

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Nearly Legal, 28th July 2023

Source: nearlylegal.co.uk

Borough council not vicariously liable for abuse suffered by claimant, High Court rules – Local Government Lawyer

‘Barnsley Metropolitan Borough Council is not vicariously liable for sexual abuse inflicted on claimant DJ by an uncle who was a de facto foster parent, the High Court has found.’

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Local Government Lawyer, 27th July 2023

Source: www.localgovernmentlawyer.co.uk

“Landmark” Social Housing Act receives Royal Assent – Local Government Lawyer

Posted July 26th, 2023 in enforcement, fines, housing, landlord & tenant, local government, news, repairs by sally

‘The Social Housing (Regulation) Act received Royal Assent last week (20 July) with the Department for Levelling Up, Housing and Communities (DLUHC) claiming that the legislation will “strengthen powers to tackle failing social landlords, and tenants living in unsafe homes will be better supported by the Regulator”.’

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Local Government Lawyer, 25th July 2023

Source: www.localgovernmentlawyer.co.uk

Section 106s and all that – Local Government Lawyer

Posted July 24th, 2023 in housing, local government, news, planning by tracey

‘While the case law on s.106 issues should now be settled, two recent decisions, like London red buses, come along as useful additions to the planning practitioner’s e-library, writes John Pugh-Smith.’

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Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Swindon resident fined for fly-tipping as council cracks down – BBC News

Posted July 24th, 2023 in fines, local government, news, waste by tracey

‘A person has been issued with a £400 fixed penalty notice (FPN) as a council cracks down on fly-tipping.’

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BBC News, 24th July 2023

Source: www.bbc.co.uk

Compulsory purchase – lessons from recent refusals – Local Government Lawyer

Posted July 21st, 2023 in compulsory purchase, local government, news by tracey

‘Two recent compulsory purchase decisions have highlighted certain areas of risk to acquiring authorities, writes Matthew Tucker. These decisions particularly emphasise the importance of the process of negotiation and also indicate a heightened level of scrutiny of acquiring authorities’ conduct in this respect.’

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Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Waiving or varying a requirement in an enforcement notice – Local Government Lawyer

Posted July 21st, 2023 in appeals, enforcement notices, local government, news, planning by tracey

‘The Divisional Court has ruled on the power to waive or relax an enforcement notice under Section 172A. Melissa Murphy KC and Charles Streeten look at the outcome.’

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Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Supporting pupils with ADHD in school – Local Government Lawyer

‘Laura Martin and Theresa Kerr provide a legal perspective on how pupils with ADHD can be supported in school.’

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Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

Covid and cancelled school trips – Local Government Lawyer

Posted July 19th, 2023 in compensation, coronavirus, holidays, local government, news, school children by tracey

‘Sarah Prager KC analyses the latest instalment in the great Covid refund saga.’

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Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds deficient reasoning from Family Court judge when making findings of fact – Local Government Lawyer

‘The Court of Appeal has set aside a family court judgment, after finding an “absence of recorded analysis” in the oral judgment that was delivered in only an hour.’

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Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

Ombudsman raps landlord over Equality Act failures, issuing of invalid section 21 notice – Local Government Lawyer

‘The Housing Ombudsman has sharply criticised a landlord for repeatedly failing to have sufficient regard for its obligations under the Equality Act 2010, and told it to review how it issues section 21 notices.’

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Local Government Lawyer, 12th July 2023

Source: www.localgovernmentlawyer.co.uk

Airbase asylum plans: High Court gives permission to councils’ challenge – BBC News

‘A legal bid to challenge the Home Office’s decision to use former airbases to house asylum seekers has been approved by the High Court.’

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BBC News, 14th July 2023

Source: www.bbc.co.uk