Magistrates raise concerns over county lines defence ‘loophole’ – The Guardian

‘A legal defence for children who claim they are being exploited by county lines drug gangs needs to be monitored more closely, the Magistrates’ Association has warned.’

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The Guardian, 6th October 2019

Source: www.theguardian.com

‘Unprecedented’ level of special needs complaints upheld – BBC News

‘Breaches of children’s legal right to have special educational needs support have reached unprecedented levels, says an official complaints body. England’s local government ombudsman said not only had there been a spike in complaints, but nine out of 10 of them were upheld in 2018-19.’

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BBC News, 4th October 2019

Source: www.bbc.co.uk

Man who does not understand consent has right to pursue sex, court rules – The Guardian

‘The court of protection has ruled that a man who cannot understand the issue of consent must be allowed to pursue sexual relationships.’

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The Guardian, 3rd October 2019

Source: www.theguardian.com

Court has no power to require Cafcass to undertake work with non-subject child, judge rules – Local Government Lawyer

‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’

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Local Government Lawyer, 1st Octoer 2019

Source: www.localgovernmentlawyer.co.uk

City council secures £40k fine over dangerous and unlicensed House in Multiple Occupation – Local Government Lawyer

Posted October 1st, 2019 in fines, health & safety, housing, landlord & tenant, local government, news by sally

‘City of Lincoln Council has secured the imposition of its second largest fine on a rogue landlord, after a defendant was found guilty of letting out a dangerous and unlicensed House in Multiple Occupation (HMO).’

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Local Government Lawyer, 1st October 2019

Source: www.localgovernmentlawyer.co.uk

Can parents agree to a 16 year old being detained? – Transparency Project

‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’

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Transparency Project, 28th September 2019

Source: www.transparencyproject.org.uk

Family courts hearing FGM cases do not have jurisdiction to injunct Home Secretary on asylum matters, rules senior judge – Local Government Lawyer

‘There is no jurisdiction for a family court to make a FGM (female genital mutilation) protection order against the Home Secretary to control the exercise of her jurisdiction with respect to matters of immigration and asylum, the President of the Family Division has concluded.’

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Local Government Lawyer, 30th September 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court considers parental responsibility and deprivation of liberty – Family Law Week

‘The Supreme Court, by a majority of three to two, has held, in D (A Child) [2019] UKSC 42, a case concerning a young person lacking mental capacity, that there is no scope for the operation of parental responsibility to authorise what would otherwise be a violation of a fundamental human right of a child, that is his liberty.’

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Family Law Week, 26th September 2019

Source: www.familylawweek.co.uk

Children as young as 11 placed in unregulated care homes – BBC News

Posted September 20th, 2019 in care homes, child abuse, children, local government, news by sally

‘Children as young as 11 years old are illegally being placed in unregulated homes in England, the BBC has learned.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Mum faced £10k bill to move from rapist neighbour – BBC News

Posted September 20th, 2019 in disabled persons, fees, housing, local government, news, ombudsmen, rape, victims by sally

‘A mother who discovered her disabled daughter’s rapist had moved next door was told she would have repay £10,000 to a council to leave her property.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Council hit with £100k fine after exposing workers to Hand Arm Vibration Syndrome – Local Government Lawyer

Posted September 19th, 2019 in employment, fines, health & safety, industrial injuries, local government, news by tracey

‘Dacorum Borough Council has been fined £100,000 for exposing seven grounds maintenance workers to Hand Arm Vibration Syndrome (HAVS), caused by excessive use of power tools.

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Local Government Lawyer, 18th September 2019

Source: www.localgovernmentlawyer.co.uk

Borough council wins appeal over ‘continuing offence’ in HMO case – Local Government Lawyer

Posted September 19th, 2019 in appeals, housing, local government, news, time limits by tracey

‘A ‘continuing’ offence is not time-barred from prosecution by when it was first noted, the High Court has said in an appeal brought by Luton Borough Council.’

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Local Government Lawyer, 19th September 2019

Source: www.localgovernmentlawyer.co.uk

Law firm secures five-figure payout for survivor of abuse at council-managed residential school – Local Government Lawyer

‘Law firm Leigh Day has said that it has won a five-figure sum in compensation for a survivor of abuse at Swaylands School.’

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Local Government Lawyer, 12th September 2019

Source: www.localgovernmentlawyer.co.uk

NRPF: The crisis facing the children of migrants – Family Law Week

Posted September 12th, 2019 in benefits, children, housing, human rights, immigration, local government, news by tracey

‘Cameron Boyle, political correspondent for the Immigration Advice Service, explains the impact on the children of migrants of having no recourse to public funds and encountering problems with local authorities’ application of Children Act 1989, section 17.’

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Family Law Week, 11th September 2019

Source: www.familylawweek.co.uk

Mum’s legal action over autistic son’s Bristol college place – BBC News

Posted September 12th, 2019 in autism, local government, news, special educational needs, video recordings by tracey

‘The mother of a severely autistic man is taking legal action after a BBC film showing him learning to shop was used to assess him for a college placement.’

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BBC News, 12th September 2019

Source: www.bbc.co.uk

The extent of the inherent jurisdiction – Local Government Lawyer

Posted September 6th, 2019 in alcohol abuse, disabled persons, jurisdiction, local government, mental health, news by tracey

‘Christine Cooper reports on an unusual inherent jurisdiction case that recently went before a High Court judge.’

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Local Government Lawyer, 6th September 2019

Source: www.localgovernmentlawyer.co.uk

Environmental lawyers put local authorities “on notice” over alleged climate inaction – Local Government Lawyer

Posted September 4th, 2019 in charities, climate change, environmental protection, local government, news by sally

‘Environmental law charity ClientEarth has written to 100 local authorities across England to warn that they will violate their legal obligations and risk legal challenge if they do not introduce proper climate change plans.’

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Local Government Lawyer, 2nd September 2019

Source: www.localgovernmentlawyer.co.uk

County to pay mother £24k after Ombudsman report into overcrowding and failure to comply with care order – Local Government Lawyer

Posted September 3rd, 2019 in care orders, compensation, delay, families, housing, local government, news, ombudsmen, standards by sally

‘A county council has agreed to pay £24,000 after a Local Government and Social Care Ombudsman investigation into a case where a mother of three, who also took on the care of her two grandchildren, had to sleep on a mattress in her living room for more than 10 years because the local authority did not deliver the support it had agreed to.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

The 1COR Quarterly Medical Law Review – Summer 2019 – Issue 2 – 1COR

‘Welcome to the second issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row. This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’

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1COR, 7th August 2019

Source: www.1cor.com

Campaigners refused permission to appeal ruling on closure of children’s centres – Local Government Lawyer

‘A campaign group has failed to obtain permission to appeal a High Court ruling that a decision by the Cabinet at Buckinghamshire County Council to close 19 out of its 35 children’s centres was lawful.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk