The status of allotments – Law Society’s Gazette

Posted January 29th, 2019 in charities, Charity Commission, local government, news, trusts by sally

‘The recent decision of the Upper Tribunal in Densham v Charity Commission [2018] UKUT 0402, in which the Charity Commission made detailed legal submissions, will be of interest to all trust law practitioners as well as those working with local authorities.’

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Law Society's Gazette, 28th January 2019

Source: www.lawgazette.co.uk

Housing association defeats defence against eviction based on ‘cuckooing’ – Local Government Lawyer

‘The public sector equality duty should be considered in cases of ‘cuckooing’ where a vulnerable resident’s home is taken over by others as a base for drug consumption and dealing, the High Court has said.’

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Local Government Lawyer, 24th January 2019

Source: www.localgovernmentlawyer.co.uk

City council concedes defeat after judge quashes open land planning permissions – Local Government Lawyer

Posted January 23rd, 2019 in listed buildings, local government, news, planning by sally

‘The Mayor of Liverpool has said the city council will accept a High Court ruling quashing its grant of planning permissions for a scheme including the building on an area of open land of 39 new dwellings and the conversion of a historic house into 12 apartments.’

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Local Government Lawyer, 21st January 2019

Source: www.localgovernmentlawyer.co.uk

Relevance and homelessness – Nearly Legal

Posted January 23rd, 2019 in homelessness, housing, local government, news by sally

‘Safi v Sandwell BC (2018) EWCA Civ 2876 can be regarded as a footnote of some significance in the factors which are relevant in determining whether a household is homeless for the purposes of s. 175, Housing Act 1996. (And, as a footnote to that footnote, a point for the cognoscenti of review processes: it is interesting that Sandwell has a review panel (whether officer or councillor-led is not clear from the report), which appears to work by way of meetings; such panels, which were frequently constituted prior to and just after the 1996 Act, are rare these days, reviews being conducted commonly by a single officer.)’

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Nearly Legal, 21st January 2019

Source: nearlylegal.co.uk

Walsall Council wins Muslim graves High Court battle – BBC News

Posted January 23rd, 2019 in burials and cremation, human rights, Islam, local government, news by sally

‘A Muslim man who said his human rights were breached by a council’s refusal to permit a marble edge around a grave has lost a High Court battle.’

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BBC News, 22nd January 2019

Source: www.bbc.co.uk

Council pays rogue landlord £500,000 in housing benefit – The Guardian

Posted January 21st, 2019 in benefits, housing, local government, news by tracey

‘A repeatedly convicted landlord, ruled unfit to rent out property in a north London borough in 2015, has since received more than £500,000 in housing benefit payments from the same council that banned him. The discovery that a local authority is directly paying public money to a landlord its own officers describe as “rogue” is the latest example of the ineffective regulations designed to police the private rented sector’s worst offenders.’

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The Guardian, 20th January 2019

Source: www.theguardian.com

Ombudsman upholds 11 complaints against council over SEN provision in two years – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has criticised Norfolk County Council over its provision for children with special education needs after upholding 11 complaints in two years.’

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Local Government Lawyer, 16th January 2019

Source: www.localgovernmentlawyer.co.uk

Legal Aid Agency faces High Court showdown over protection orders – Law Society’s Gazette

Posted January 17th, 2019 in homelessness, legal aid, local government, news, proportionality, public order by tracey

‘The Legal Aid Agency will have to gear up for another High Court showdown after a civil liberties group was granted permission to challenge the lack of public funding to help homeless people targeted by protection orders aimed at tackling anti-social behaviour.’

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Law Society's Gazette, 16th January 2019

Source: www.lawgazette.co.uk

Norfolk council rebuked over special needs provision – The Guardian

Posted January 16th, 2019 in complaints, local government, news, ombudsmen, special educational needs by sally

‘The local government ombudsman has reprimanded a local authority over its provision for children with special educational needs after upholding 11 complaints against the council over the last two years.’

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The Guardian, 16th January 2018

Source: www.theguardian.com

Court of Appeal to hear legal challenge over ‘safe zone’ around abortion clinic – Local Government Lawyer

‘The Court of Appeal has granted permission to appeal to claimants who unsuccessfully challenged Ealing Council’s decision to introduce – through a public spaces protection order – a “safe zone” outside an abortion clinic.’

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Local Government Lawyer, 14th January 2019

Source: www.localgovernmentlawyer.co.uk

Woman ordered not to contact son spared jail for going to parents’ evening – The Guardian

‘A woman under orders not to contact her son has been spared jail for accepting an invitation to attend a parents’ evening at his London school.’

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The Guardian, 14th January 2018

Source: www.theguardian.com

London borough acted unlawfully in dismissing three housing officers, tribunal rules – Local Government Lawyer

‘The London Borough of Barking and Dagenham acted unlawfully when it dismissed three housing officers, an Employment Tribunal has ruled. The ruling of the East London Employment Tribunal was handed down last month (27 December), following a hearing in October and November 2018. The council dismissed the three employees in the summer of 2017, suggesting that their roles were redundant. However, the Employment Judge ruled that in reality their roles were not redundant and that all three employees were unfairly dismissed.’

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Local Government Lawyer, 11th January 2018

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules against council over decision resident was not homeless – Local Government Lawyer

Posted January 11th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Sandwell Borough Council acted wrongly when it considered an application for a local resident to be treated as homeless, the Court of Appeal has ruled.’

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Local Government Lawyer, 10th January 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects appeal by mother over aftercare services and day trip expense – Local Government Lawyer

Posted January 7th, 2019 in detention, expenses, families, local government, mental health, news by sally

‘The Court of Appeal has rejected a claim by a mother that a council and a clinical commissioning group were required under s.117 of the Mental Health Act 1983 to meet her travelling expenses for a 240-mile round trip to see her son on day trips out of the mental hospital where he is detained.’

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Local Government Lawyer, 3rd January 2019

Source: www.localgovernmentlawyer.co.uk

Council to keep day centre open after user brings legal proceedings – Local Government Lawyer

Posted December 18th, 2018 in consent orders, learning difficulties, local government, news by sally

‘Birmingham City Council has decided to keep a day centre for vulnerable adults open, after campaigners had threatened legal action over an earlier decision to close the facility.’

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Local Government Lawyer, 17th December 2018

Source: www.localgovernmentlawyer.co.uk

New Judgment: UKI (Kingsway) Ltd v Westminster City Council & Anor [2018] UKSC 67 – UKSC Blog

Posted December 18th, 2018 in electronic mail, local government, news, rates, service, Supreme Court by sally

‘This appeal considered the validity of the service of a completion notice under the Local Government Finance Act 1988, Sch 4A by the appellant on the respondent.’

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UKSC Blog, 17th December 2018

Source: ukscblog.com

Council wins Supreme Court battle with ratepayer over service of completion notice – Local Government Lawyer

Posted December 18th, 2018 in electronic mail, local government, news, rates, service, Supreme Court by sally

‘The Supreme Court has ruled in favour of Westminster City Council in a dispute over whether a completion notice in relation to a redevelopment was validly served on a ratepayer.’

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Local Government Lawyer, December 2018

Source: www.localgovernmentlawyer.co.uk

UK fracking policy faces court challenges – The Guardian

‘Ministers face a pair of legal challenges to their planning rules on fracking this week, from a national environmental group and the son of fashion designer Vivienne Westwood.’

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The Guardian, 16th December 2018

Source: www.theguardian.com

Landlord fined £25,000 over lack of hot water for disabled tenant – The Guardian

‘The wife of Britain’s most controversial buy-to-let landlord, Fergus Wilson, has been ordered to pay £25,000 in fines and legal costs after a court ruled that she had failed to supply hot water to a disabled tenant.’

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The Guardian, 12th December 2018

Source: www.theguardian.com

No requirement for taxi licensing schemes to be self-financing, High Court rules – Local Government Lawyer

Posted December 12th, 2018 in fees, licensing, local government, news, taxis by sally

‘Wakefield City Council is considering whether to appeal against a High Court ruling that quashed its licensing fees for private hire vehicles and taxis.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk