Council criticised for failure to provide suitable education to boy with SEN – Local Government Lawyer

Posted December 13th, 2017 in local government, news, ombudsmen, special educational needs by sally

‘The Local Government and Social Care Ombudsman has criticised Essex County Council for failing to provide suitable education to a boy with special educational needs (SEN) for two terms after he stopped attending his special school.’

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Local Government Lawyer, December 2017

Source: www.localgovernmentlawyer.co.uk

Domestic violence: can moving power out of Whitehall make a difference? – The Guardian

Posted December 12th, 2017 in devolution, domestic violence, local government, news, victims, women by sally

‘Vital services for vulnerable women have been cut across the country, but new metro authorities could be a chance to make radical improvements.’

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The Guardian, 12th December 2017

Source: www.theguardian.com

Council secures fines for planning company over wilful obstruction of officers – Local Government Lawyer

Posted December 11th, 2017 in fines, local government, news, planning by sally

‘A planning company, and its representative, have been fined for wilfully obstructing officers from Brentwood Borough Council in the course of their work, the local authority has revealed.’

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Local Government Lawyer, 11th December 2017

Source: www.localgovernmentlawyer.co.uk

“I made him aware he is very lucky” – Nearly Legal

Posted December 11th, 2017 in homelessness, housing, local government, news, ombudsmen, reports, statutory duty by sally

‘A Local Government Ombudsman Report on the actions of Maidstone Borough Council towards a homeless household makes for depressing reading. Both for the actions (and inactions) of the Council and for what it lays bare about the attitude to the homeless.’

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Nearly Legal, 10th December 2017

Source: nearlylegal.co.uk

Human rights commission to launch its own Grenfell fire inquiry – The Guardian

‘Britain’s human rights watchdog is to launch an inquiry into the Grenfell Tower fire that will examine whether the government and the Royal Borough of Kensington and Chelsea failed in their duties to protect life and provide safe housing.’

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The Guardian, 9th December 2017

Source: www.theguardian.com

More than 30 child protection departments in special measures – The Guardian

Posted December 11th, 2017 in budgets, children, local government, news, social services by sally

‘The children’s services departments of more than 30 councils in England are in special measures, an Observer analysis has revealed.’

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The Guardian, 10th December 2017

Source: www.theguardian.com

Re M (A Child) (2017) Court of Appeal (Civil Division) – Park Square Barristers

Posted December 8th, 2017 in adoption, asylum, local government, news by sally

‘The Court of Appeal decision in Re M (A Child) (2017) has confirmed that for the purpose of conducting an assessment under the Adoption and Children Act 2002 s.42(7), a local authority are not confined to the period after the adoption application has been made; it can include periods before the application. The decision emphasises that section 42(7) should not be construed in narrow terms but it should be given a wider, purposeful interpretation.’

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Park Square Barristers, 6th December 2017

Source: www.parksquarebarristers.co.uk

Reasons – Local Government Law

Posted December 8th, 2017 in environmental protection, local government, news, planning, reasons by sally

‘In Dover District Council v CPRE Kent [2017] UKSC 79 the Supreme Court reviewed various statutory rules relating to the provision of reasons for planning decisions, observing that these rules are to be found in subordinate legislation and that it is hard to detect a coherent approach to their development. The three main categories of planning decision are: (i) decisions of Secretaries of State and inspectors, (ii) decisions by local planning authorities in connection with planning permission, and (iii) decisions, at any level, on applications for EIA development.’

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Local Government Law, 6th December 2017

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

Supreme Court rejects appeal by council over reasons for planning decision – Local Government Lawyer

‘The Supreme Court has unanimously rejected a council’s appeal over the quashing of the grant of planning permission for a controversial residential development in an area of outstanding natural beauty.’

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Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk

Council defeats High Court challenge over care home fees increase – Local Government Lawyer

Posted December 7th, 2017 in appeals, care homes, fees, local government, news by sally

‘Essex County Council has successfully defended a judicial review challenge to the fees it proposed paying to operators of care homes.’

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Local Government Lawyer, 7th December 2017

Source: www.localgovernmentlawyer.co.uk

London borough fined £100,000 after social workers assaulted – Local Government Lawyer

Posted December 6th, 2017 in fines, health & safety, local government, London, news, social services, violence by sally

‘A local authority has been fined £100,000 after two of its social workers were assaulted on a home visit by the mother of a vulnerable child they were visiting.’

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Local Government Lawyer, December 2017

Source: www.localgovernmentlawyer.co.uk

Challenge over land in neighbourhood plan out of time, High Court rules – Local Government Lawyer

Posted December 5th, 2017 in local government, news, planning, time limits by tracey

‘An objection to including land within a neighbourhood plan boundary cannot be taken to judicial review out of time, Kerr J has ruled in the High Court.’

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Local Government Lawyer, 4th December 2017

Source: localgovernmentlawyer.co.uk

Family with no recourse to public funds wins judicial review battle with council – Local Government Lawyer

Posted December 5th, 2017 in housing, local government, news by tracey

‘Milton Keynes Council failed to properly consider an application for help with housing by a family without recourse to public funds.’

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Local Government Lawyer, 4th December 2017

Source: localgovernmentlawyer.co.uk

Council defeats challenge to decision to add 34 footpaths to definitive map – Local Government Lawyer

‘A county council has successfully defended a judicial review challenge to a committee decision authorising the making of a statutory order which, subject to confirmation, would add at least 34 footpaths and a bridleway to the definitive map and statement for the area.’

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Local Government Lawyer, 1st December 2017

Source: www.localgovernmentlawyer.co.uk

Incurred and incurred again – Nearly Legal

‘Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their lessees? When does the 18 months run from?’

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Nearly Legal, 1st December 2017

Source: nearlylegal.co.uk

Council concern at impact of High Court ruling quashing housing mix policy – Local Government Lawyer

Posted December 1st, 2017 in housing, local government, news, planning by tracey

‘A High Court ruling that quashed Charnwood Borough Council’s new housing mix policy may have reduced the scope for authorities to produce supplementary planning documents, the council has claimed.’

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Local Government Lawyer, 30th November 2017

Source: localgovernmentlawyer.co.uk

Ombudsman tells council to pay compensation over forcible eviction by landlord – Local Government Lawyer

Posted November 29th, 2017 in compensation, homelessness, landlord & tenant, local government, news, ombudsmen by sally

‘Maidstone Borough Council should pay compensation to a homeless family of £4,170 after it accepted their forcible eviction at short notice from temporary accommodation, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

Re-consultation for planning applications: how to do it – Charlotte Gilmartin – UK Human Rights Blog

Posted November 28th, 2017 in consultations, local government, news, planning by sally

‘The High Court has just ruled that the public should be reconsulted on a planning application which has been amended. Failure to do so may be procedurally unfair and therefore unlawful.’

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UK Human Rights Blog, 28th November 2017

Source: ukhumanrightsblog.com

Court rejects call by council for pensions set-off from officer convicted of fraud – Local Government Lawyer

‘The High Court has rejected a London borough’s bid to set off the pension benefits of a former senior finance officer who defrauded the council.’

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Local Government Lawyer, 24th November 2017

Source: www.localgovernmentlawyer.co.uk

District wins first ever judicial review challenge to decision of planning inspector – Local Government Lawyer

Posted November 27th, 2017 in appeals, judicial review, local government, news, planning by sally

‘Tendring District Council has won its first ever judicial review challenge over a decision of a planning inspector.’

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Local Government Lawyer, November 2017

Source: www.localgovernmentlawyer.co.uk