Assistant Coroner finds failings by social landlord and council in part caused death of epileptic woman who fell from her balcony – Local Government Lawyer

Posted December 5th, 2023 in disabled persons, housing, inquests, local government, news by sally

‘An inquest into the death of a 39-year-old woman, who fell from the balcony of her third floor flat in west London after an epileptic seizure, has found that the failure of the local housing authority and a housing association to provide her with safe accommodation was a cause of her death.’

Full Story

Local Government Lawyer, 4th December 2023

Source: www.localgovernmentlawyer.co.uk

Saying you are broke isn’t enough to avoid a duty – suitable accommodation and resources – Nearly Legal

Posted December 4th, 2023 in appeals, budgets, housing, landlord & tenant, local government, news, statutory duty by tracey

‘Imam, R (on the application of) v London Borough of Croydon (2023) UKSC 45. This is the long awaited Supreme Court decision in Imam v Croydon on what conditions a court should have regard to in deciding whether to make a mandatory order that the local authority comply with its section 193(2) Housing Act 1996 duty to provide suitable accommodation. At first instance, Croydon have avoided a mandatory order, despite Ms Imam having been in what was acknowledged to be unsuitable accommodation for what was then 5 years, in part on the basis of a fairly general assertion that LB Croydon had no suitable houses and no money (our note here). This was reversed by the Court of Appeal (our note here), which held that a pleading of lack of resources would have to be demonstrated in detail, with evidence of steps taken, before a court would accept this as a reason not to make a mandatory order.’

Full Story

Nearly Legal, 3rd December 2023

Source: nearlylegal.co.uk

Supreme Court puts conditions on injunctions against travellers – OUT-LAW.com

Posted December 4th, 2023 in appeals, disclosure, injunctions, local government, news, Supreme Court, travellers by tracey

‘Local authorities in England seeking court injunctions to prohibit unauthorised encampments on land they own must disclose to the courts any arguments gypsies and travellers might raise in opposition to their applications, the UK Supreme Court has ruled.’

Full Story

OUT-LAW.com, 4th December 2023

Source: www.pinsentmasons.com

Court awards £50,000 in damages against council over home that was unfit for human habitation – Local Government Lawyer

Posted December 4th, 2023 in damages, duty of care, housing, landlord & tenant, local government, news, repairs by tracey

‘A judge at Central London County Court has awarded a claimant more than £50,000 in damages after her council property was found to be unfit for human habitation.’

Full Story

Local Government Lawyer, 4th December 2023

Source: www.localgovernmentlawyer.co.uk

Dog owner fined for chopping down historic apple trees ‘making pet sick and attracting wasps’ – The Independent

Posted December 4th, 2023 in environmental protection, fines, local government, news, trees by tracey

‘A dog owner illegally chopped down three apple trees in his back garden because he said the fallen fruit was making his pet sick and attracting wasps.’

Full Story

The Independent, 2nd December 2023

Source: www.independent.co.uk

Mayor of London’s decision to reject plan for Las Vegas-style giant sphere to be reviewed – The Independent

Posted December 4th, 2023 in government departments, housing, local government, London, news, nuisance, planning by tracey

‘London Mayor Sadiq Khan‘s decision to reject planning permission for a huge Las Vegas-style entertainment venue is to be reviewed by ministers. The housing secretary Michael Gove has opted to use his powers to “call in” the rejection of the 21,000-capacity, 300ft-tall MSG sphere to decide whether it should stand.’

Full Story

The Independent, 3rd December 2023

Source: www.independent.co.uk

A knotty problem: Churchill v Merthyr Tydfil Council – Local Government Lawyer

‘The Court of Appeal has handed down its ruling in a test case on compulsory ADR. Elizabeth England analyses the judgment.’

Full Story

Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Newham v Chaplair: the lessons to be learned – Local Government Lawyer

‘Archie Maddan explains what was involved in the first successful prosecution of a tower block owner for failure to remove flammable cladding.’

Full Story

Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

Biodiversity net gain and planning permission – Local Government Lawyer

‘A refusal of planning permission for a quarry has been quashed over an error on biodiversity net gain. Jenny Wigley KC looks at the lessons from the case.’

Full Story

Local Government Lawyer, 1st December 2023

Source: www.localgovernmentlawyer.co.uk

Deputy High Court judge orders London borough to provide accommodation pending completion of review of homelessness decision – Local Government Lawyer

Posted November 30th, 2023 in homelessness, housing, judicial review, local government, mental health, news by sally

‘The Royal Borough of Kensington & Chelsea acted unfairly in rejecting a request for accommodation by a man with mental health problems pending the outcome of his statutory review request of the defendant council’s earlier decision that he was not homeless, the High Court has found.’

Full Story

Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

High Court grants permission for legal challenge over lack of legal aid for school exclusion appeals – Local Government Lawyer

‘The High Court has granted permission for a claimant to challenge the lack of legal aid for appeals before an Independent Review Panel (IRP), the independent body that reviews the lawfulness of permanent exclusions.’

Full Story

Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Homelessness – Local Government Law

Posted November 29th, 2023 in appeals, homelessness, housing, local government, news, statutory duty, Supreme Court by sally

‘The central issue before the Supreme Court is R (Imam) v London Borough of Croydon (2023) UKSC 45, in which Judgment was given on 28 November 2023, was whether, and, if so, in what way, a local authority’s lack of financial or other resources should be taken into consideration when a Court is deciding whether to grant a Mandatory Order against the authority in order to enforce its undoubted statutory duty (paragraph 37) towards a homeless individual under Section 193(2) of the Housing Act 1996.’

Full Story

Local Government Law, 29th November 2023

Source: local-government-law.11kbw.com

Equal pay: recent challenges – Local Government Lawyer

Posted November 28th, 2023 in equal pay, local government, news, sex discrimination by tracey

‘When it comes to job evaluation schemes and equal pay claims, where does the risk lie and what can be done to mitigate it? Sarah Lamont and Charlotte Rose explain.’

Full Story

Local Government Lawyer, 28th November 2023

Source: www.localgovernmentlawyer.co.uk

Council rejects Jewish sect’s planning application that would finally allow them to travel on the London Underground – The Independent

Posted November 28th, 2023 in human tissue, Judaism, local government, London, news, planning, transport by tracey

‘A council has rejected a multi-million pound scheme from a Jewish religious sect that would have allowed its members to use the London Underground.’

Full Story

The Independent, 27th November 2023

Source: www.independent.co.uk

Minimum service levels update – major change to UK trade union law – Local Government Lawyer

Posted November 27th, 2023 in employment, industrial action, local government, news, trade unions by tracey

‘Under the Strikes (Minimum Service Levels) Act 2023, which received Royal Assent on 20 July 2023, the Secretary of State has the power to set Minimum Service Levels (MSLs) for “relevant services” in the fields of health, transport, education, fire and rescue, border control, and nuclear decommissioning and radioactive waste management services. Christopher Grierson and Francesca Gallagher look at the key provisions.’

Full Story

Local Government Lawyer, 24th November 2023

Source: www.localgovernmentlawyer.co.uk

Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling. – Local Government Lawyer

‘Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling.’

Full Story

Local Government Lawyer, 24th November 2023

Source: www.localgovernmentlawyer.co.uk

Permitted development and the Habitats Regulations 2017 – Local Government Lawyer

‘Anne Gerzon explains how the Conservation of Habitats and Species Regulations 2017 apply to the deemed grant of planning permission set out in the General Permitted Development Order 2015.’

Full Story

Local Government Lawyer, 24th November 2023

Source: www.localgovernmentlawyer.co.uk

Developer who ignored listed building notice hit with £80k fine – Local Government Lawyer

Posted November 22nd, 2023 in building law, enforcement notices, fines, housing, local government, news, planning by sally

‘A developer who neglected a listed mansion has been found guilty of ignoring a listed building notice for five years following a prosecution brought by Liverpool City Council.’

Full Story

Local Government Lawyer, 21st November 2023

Source: www.localgovernmentlawyer.co.uk

SRA issues report on opportunities and risks of AI – Local Government Lawyer

‘The Solicitors Regulation Authority has set out its views on the opportunities – and risks – presented by artificial intelligence (AI).’

Full Story

Local Government Lawyer, 21st November 2023

Source: www.localgovernmentlawyer.co.uk

Competition watchdog seeks views on use of landbanks and how planning rules affect competition – Local Government Lawyer

Posted November 22nd, 2023 in competition, consultations, housing, local government, news, ombudsmen by sally

‘The Competition and Markets Authority (CMA) has published two ‘working papers’ seeking feedback on its assessment of the use of landbanks, and how planning rules concerning zoning, consultations and local plan processes may be impacting competition and how new homes are delivered.’

Full Story

Local Government Lawyer, 21st November 2023

Source: www.localgovernmentlawyer.co.uk