Ending duties after the HRA – Nearly Legal

‘This is a settled judicial review, I’ve seen the grounds, interim order and final consent order. It raises a number of issues about the performance of the new Housing Act 1996 Part VII duties as amended by the Homelessness Reduction Act 2017.’

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Nearly Legal, 7th April 2019

Source: nearlylegal.co.uk

Councils face a losing battle as they crack down on rogue landlords – The Guardian

‘Despite dawn raids and legal action, the number of unlicensed rentals in houses of multiple occupation continues to grow.’

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The Guardian, 7th April 2019

Source: www.theguardian.com

Council broke law over deprivation of liberty, ombudsman rules – The Guardian

‘A council deliberately broke the law by failing to properly assess whether thousands of vulnerable people were illegitimately kept under continuous and restrictive supervision by care home staff, the local government and social care ombudsman has ruled.’

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The Guardian, 1st April 2019

Source: www.theguardian.com

Council withdraws decision to close special schools after legal challenge – Local Government Lawyer

Posted March 28th, 2019 in judicial review, local government, news, special educational needs by sally

‘Wiltshire Council has agreed to withdraw its decision to approve the closure of three special schools and a related notice regarding the opening of a new special school, following legal action from a group of families.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

Council wins Court of Appeal battle over moving homeless applicant – Local Government Lawyer

Posted March 28th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Someone who does not appeal against a local authority review decision that it has discharged its duty towards them as being homeless cannot later challenge that decision in a subsequent application, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th March 2019

Source: www.localgovernmentlawyer.co.uk

Department withdraws ‘myth-busting’ guide to council duties to vulnerable children – Local Government Lawyer

Posted March 28th, 2019 in care homes, charities, children, fostering, judicial review, local government, news by sally

‘The Department for Education has withdrawn a ‘myth-busting’ guide to council duties to vulnerable children and young people after a charity applied for judicial review, it has been reported.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

Landlord given suspended sentence and ordered to pay £300k+ after hiding families in windowless rooms – Local Government Lawyer

‘A landlord who hid families in windowless rooms after claiming to a council that he had complied with an enforcement notice has been fined £25,000 and ordered to pay a further £266,177 under the Proceeds of Crime Act 2002.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

Environmental lawyers fire warning to councils on legal risk of air pollution “inaction” – Local Government Lawyer

Posted March 26th, 2019 in environmental protection, local government, news, pollution by sally

‘Environmental law charity ClientEarth has warned 38 local authorities in England and Wales of the legal risk of inaction on air pollution.’

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Local Government Lawyer, 25th March 2019

Source: www.localgovernmentlawyer.co.uk

Government backs down over ‘myth-busting’ guide on child protection – The Guardian

‘The government has withdrawn a controversial document that claims some statutory protections for vulnerable children are “myths”, after a charity launched an application for judicial review, the Guardian has learned.’

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The Guardian, 24th March 2019

Source: www.theguardian.com

Police and council acted unlawfully when using 1847 law to seize sheep – Local Government Lawyer

Posted March 21st, 2019 in animals, compensation, confiscation, damages, local government, news, police by tracey

‘A council and the police acted unlawfully when they used a Victorian law against a shepherd whose sheep had entered a village.’

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Local Government Lawyer, 21st March 2019

Source: www.localgovernmentlawyer.co.uk

LGA warns on funding as modern slavery referrals made by councils rise tenfold in five years – Local Government Lawyer

‘The number of referrals of potential victims of modern slavery made by councils has soared tenfold in five years, the Local Government Association has warned.’

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Local Government Lawyer, 18th March 2019

Source: www.localgovernmentlawyer.co.uk

Tenants in England not being protected from revenge evictions, study finds – The Guardian

Posted March 18th, 2019 in complaints, landlord & tenant, local government, news, statistics by tracey

‘Just one in 20 private tenants who complain to their council about poor living conditions gets protection from a revenge eviction by their landlord, according to figures released today.’

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The Guardian, 18th March 2019

Source: www.theguardian.com

Getting a policy wrong – Housing Act 2004 enforcement in Hull – Nearly Legal

‘There are many unfortunate ways for claimants to lose a judicial review. But being told that your challenge is based on you getting the policy you are challenging wrong is up there in the ‘somewhat embarrassing’ top 10.’

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Nearly Legal, 13th March 2019

Source: nearlylegal.co.uk

Court of Protection should not summarily dismiss cases where liberty is at stake, says senior judge – Local Government Lawyer

‘Court of Protection judges should not summarily dismiss cases where someone’s liberty is at stake, Mr Justice Hayden, Vice President of the court, has said.’

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Local Government Lawyer, 14th March 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal blow for councils over business rates and empty properties – Local Government Lawyer

Posted March 14th, 2019 in leases, local government, news, rates by tracey

‘Councils may be left unable to claim some £10m in business rates after Rossendale Borough Council lost a test case in the Court of Appeal over empty properties.’

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Local Government Lawyer, 14th March 2019

Source: www.localgovernmentlawyer.co.uk

Couple unable to sell home after discovering public footpath running though living room – The Independent

Posted March 14th, 2019 in footpaths, local government, news, rights of way, sale of land by tracey

‘Couple unable to sell home after discovering public footpath running though living room.’

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The Independent, 13th March 2019

Source: www.independent.co.uk

Judicial review of Heathrow airport third runway decision begins – The Guardian

‘Five judicial reviews challenging the legality of the government’s decision to allow a third runway at Heathrow airport have begun in the high court.’

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The Guardian, 11th March 2019

Source: www.theguardian.com

District council defeats challenge to listing of pub as asset of community value – Local Government Lawyer

Posted March 11th, 2019 in appeals, assets of community value, fire, local government, news, planning by sally

‘East Hertfordshire District Council has successfully defended its decision to list a currently empty pub as an asset of community value.’

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Local Government Lawyer, 8th March 2019

Source: www.localgovernmentlawyer.co.uk

Mixed fortunes for UK government in planning rulings – OUT-LAW.com

‘The UK government has successfully defended a legal challenge against its decision to adopt a new National Planning Policy Framework (NPPF) in England last year, but guidance contained in that framework concerning ‘fracking’ has been ruled to be unlawful.’

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OUT-LAW.com, 8th March 2019

Source: www.out-law.com

Government issues guidance for local authorities on Homes (Fitness for Human Habitation) Act 2018 – Local Government Lawyer

Posted March 8th, 2019 in housing, local government, news by sally

‘The Ministry for Housing, Communities and Local Government has issued non-statutory guidance and advice to local authorities on the Homes (Fitness for Human Habitation) Act 2018.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk