‘This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act 1974 in deciding whether an applicant for a Housing Act 2004 licence was a ‘fit and proper person’.’
Nearly Legal, 10th November 2019
Source: nearlylegal.co.uk
‘A High Court judge has rejected a legal challenge brought over the Royal Borough of Kensington & Chelsea’s decision to make a traffic management order imposing additional parking restrictions in an area with a Sikh Temple.’
Local Government Lawyer, 11th November 2019
Source: www.localgovernmentlawyer.co.uk
‘As the general election kicks off, James Goudie QC highlights a 2017 High Court ruling on the status of “purdah” and the business that can and cannot be conducted while it applies.’
Local Government Lawyer, 8th November 2019
Source: www.localgovernmentlawyer.co.uk
‘Simawi v London Borough of Haringey (2019) EWCA Civ 1770. We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985 succession rules between a person who became a sole tenant on the death of a former tenant as opposed to a person who became a sole tenant upon judicial assignment of the tenancy in a divorce (pre Localism Act amendments). In short, survivorship on a joint tenancy, or succession of spouse/partner on death of sole tenant counts as a succession, while an assignment of tenancy by court order under section 24 of the Matrimonial Causes Act 1973 on divorce does not. Mr S was the child of a spouse who succeeded by survivorship.’
Nearly Legal, 3rd November 2019
Source: nearlylegal.co.uk
‘A woman from Greater Manchester who made a fraudulent Right to Buy application has been given a suspended jail sentence.’
Local Government Lawyer, 5th November 2019
Source: www.localgovernmentlawyer.co.uk
‘A couple have been handed a £20,000 fine after being found guilty of offences under the Town and Country Planning Act relating to outbuildings and a fish pond.’
Local Government Lawyer, 4th November 2019
Source: www.localgovernmentlawyer.co.uk
‘The London Borough of Haringey has successfully defended a Court of Appeal challenge over the rules relating to the succession to secure council tenancies.’
Local Government Lawyer, 1st November 2019
Source: www.localgovernmentlawyer.co.uk
‘Outdated legislation and new technology have meant that councils are unable to take enforcement action against the rising number of unlicensed drivers operating in their area, the Local Government Association has warned.’
Local Government Lawyer, 1st November 2019
Source: www.localgovernmentlawyer.co.uk
‘A landmark high court case will determine whether fines for begging, loitering and leaving bedding in doorways unfairly targets homeless people, after a fundraising campaign for legal costs reached its target.’
The Guardian, 4th November 2019
Source: www.theguardian.com
‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’
Local Government Lawyer, 1st November 2019
Source: www.localgovernmentlawyer.co.uk
‘A Family Division judge has handed down his judgment in what is said to have been one of the largest public law children’s cases ever litigated.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
‘The Local Government and Social Care Ombudsman (LGO) has criticised a council for taking 21 months to carry out a reassessment of a vulnerable woman’s care needs.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
‘A council has been criticised by a Court of Protection judge for breaching the duty of full and frank disclosure when it made an application under the streamlined procedure for authorisation of a deprivation of liberty.’
Local Government Lawyer, 30th October 2019
Source: www.localgovernmentlawyer.co.uk
‘A local resident who complained about the conduct of a councillor at Stratford-on-Avon District Council over a planning matter has secured a fresh hearing over the council’s refusal to disclose advice given by an independent person.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’
Nearly Legal, 29th October 2019
Source: nearlylegal.co.uk
‘Some 95% of decisions at special educational needs tribunals in 2017/18 were either won by parents, or saw local authorities withdraw or concede, it has been claimed.’
Local Government Lawyer, 29th October 2019
Source: www.localgovernmentlawyer.co.uk
‘In a major judgment handed down by the Court of Appeal last week, Coulson LJ has given important guidance on the scope of the Concessions Contract Regulations 2016 (“the CCRs”), the extent of the land transaction exemption, and the requirements for claimants to show ‘sufficiently serious breach’ in procurement claims more generally. This was the first case to consider the CCRs in such a level of detail, and – in a ruling likely to be welcomed by public authorities – the meaning of ‘concession contract’ for the purposes of the Regulations is construed relatively narrowly, with the land transaction exemption given a conversely generous interpretation. The judge’s comments on the hurdles which a claimant must surmount to be awarded Francovich damages for breaches of procurement law also have a notably pro-defendant slant.’
Monckton Chambers, 16th October 2019
Source: www.monckton.com
‘Child victims of modern slavery are being lured back into exploitation and falling into homelessness as cash-strapped local authorities struggle to cope with a surge in cases, charities have warned. Thousands of young people who have been trafficked and exploited, often by county lines gangs or through international criminal networks, are being left to navigate complex legal, education and immigration systems alone because austerity-hit services cannot adequately support them.’
The Independent, 18th October 2019
Source: www.independent.co.uk
‘A developer cannot rely on a 52-year-old planning permission now physically incapable of completion, a High Court judge has ruled.’
Local Government Lawyer, 16th October 2019
Source: www.localgovernmentlawyer.co.uk
‘SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin). This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained it had done so twice, and both purported discharges were challenged, by way of WF’s decision that Ms SH had made a fresh application, rather than it having a continuing duty. There is also a brief excursus into the relation of s.193 and s.189B duties.’
Nearly Legal, 13th October 2019
Source: nearlylegal.co.uk
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