Category: local government

‘Significantly More Vulnerable’: The Court of Appeal Explains – Garden Court Chambers

Posted November 23rd, 2017 in appeals, contracting out, equality, homelessness, housing, judgments, local government, London, news, statutory interpretation by sally

‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

When no means no: time limits that cannot be extended, even if non-compliance is outside your control – The 36 Group

Posted November 23rd, 2017 in appeals, landlord & tenant, local government, news, repossession, time limits by sally

‘Harris v London Borough of Hounslow [2017] EWCA Civ 1476 is a warning to all secure tenants that face eviction under the new absolute grounds for possession: you must comply with the 7-day statutory time limit to request a review even, it seems, if you can’t.’

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The 36 Group, 23rd October 2017

Source: 36group.co.uk

Local Authority Decisions on Level of Fees They Will Pay For Residential Care Under National Assistance Act 1948 (Pre-Care Act 2014) – Garden Court Chambers

Posted November 23rd, 2017 in local government, news, residential care, statutory duty, statutory interpretation by sally

‘This case concerned care costs for residential care homes and Local authorities’ powers and duties. In summary the Court of Appeal held by a majority that there was nothing in the applicable guidance that precluded a local authority from taking account of certain revenue streams (namely private fees, top-up payments and support from the NHS) when making the evaluative judgment of what it would expect to pay for residential care for the elderly.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Recovery of Damages for Future Care Costs Does Not Disentitle a Person to After-Care Services Under Mental Health Act 1983 – Garden Court Chambers

Posted November 23rd, 2017 in appeals, costs, damages, local government, mental health, news by sally

‘The Court of Appeal determined that a person discharged from liability to be detained under s 3 Mental Health Act 1983 (MHA 1983) but who still required “after-care services” pursuant to s 117 of the Act was entitled to have his local authority provide such services under s 117 at any time before he had exhausted sums awarded to him in respect of costs of care for the injury he suffered.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

The Mandatory Ground of Possession Under Housing Act 1985: Out of Time Reviews – Garden Court Chambers

Posted November 23rd, 2017 in appeals, housing, landlord & tenant, local government, news, repossession, time limits by sally

‘Mr Harris, the appellant, was the secure tenant of Hounslow London Borough Council, the respondent. On 17 November 2015, the police obtained a closure order, under the Anti-Social Behaviour Crime and Policing Act 2014 (ASBCPA 2014), in respect of the property where he lived, following complaints of noise nuisance and visitors loitering, smoking, drinking and using drugs in the stairwell.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Tribunal rejects call for disclosure of legal advice on amusement park project – Local Government Lawyer

Posted November 23rd, 2017 in compulsory purchase, disclosure, local government, news, privilege, tribunals by sally

‘An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.’

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Local Government Lawyer, 22nd November 2017

Source: www.localgovernmentlawyer.co.uk

New Push to Make ‘Hillsborough Law’ a Reality – RightsInfo

Posted November 23rd, 2017 in disclosure, human rights, local government, misfeasance, misfeasance in public office, news, police, social services by sally

‘The ‘Hillsborough Law‘ was first suggested after families of the 96 victims of the disaster were forced at recent inquests to defend themselves against allegations that fans had had too much to drink.’

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RightsInfo, 22md November 2017

Source: rightsinfo.org

Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers

Posted November 22nd, 2017 in autism, community care, disabled persons, judicial review, learning difficulties, local government, London, news, social services, statutory duty by sally

‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Age Assessment: Dental Assessments, Appearance and the Benefit of the Doubt – Garden Court Chambers

Posted November 22nd, 2017 in asylum, dentists, evidence, expert witnesses, identification, judicial review, local government, news, photography, tribunals, young persons by sally

‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Homelessness Update – Doughty Street Chambers

Posted November 22nd, 2017 in homelessness, housing, human rights, landlord & tenant, local government, London, mental health, news by sally

‘Annual Review of Developments in Homelessness Law presentation slides.’

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Doughty Street Chambers, 17th November 2017

Source: www.doughtystreet.co.uk

Commercial property: Restrictive covenants – Law Society’s Gazette

Posted November 22nd, 2017 in insurance, local government, London, news, planning, restrictive covenants, tribunals by sally

‘There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an effective way of controlling development of land indefinitely. However, not all restrictions are worthy of preservation, so the Law of Property Act 1925 contains in section 84 a mechanism for the release of land from restrictive covenants in certain circumstances.’

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Law Society's Gazette, 20th November 2017

Source: www.lawgazette.co.uk

Court of Appeal rejects challenge over power to close parks for festivals – Local Government Lawyer

Posted November 22nd, 2017 in appeals, judicial review, local government, London, news, parks, statutory interpretation by sally

‘The Court of Appeal has rejected an attempt to stop London boroughs holding large music festivals in public parks, setting up a potential Supreme Court challenge.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

Further education college wins court battle with vending company over fire – Local Government Lawyer

Posted November 22nd, 2017 in damages, evidence, expert witnesses, fire, judges, local government, news, statutory duty by sally

‘A judge has held a vending machine company responsible for fire damage at a further education college after a complex dispute involving conflicting views among expert witnesses.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

Re-classifying housing associations – Nearly Legal

Posted November 21st, 2017 in budgets, housing, local government, news, regulations by sally

‘Slightly under the radar (possibly), but of enormous significance, the ONS has re-classified housing associations (or private registered providers of social housing – in the new language which I can’t get used to) as private sector, and in so doing has wiped around £60billion off the public sector debt. It is this re-classification which has given Hammond room to manoeuvre in the coming budget (although the rumours are that he is going to put £5billion only, and that appears to be going towards home ownership – plus ca change), which kind of proves the value in spreadsheets and the significance of audit practices.’

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Nearly Legal, 21st November 2017

Source: nearlylegal.co.uk

Council bans care home’s £1 bingo competition and accuses OAPs of breaking illegal gambling laws – Daily Telegraph

Posted November 20th, 2017 in care homes, gambling, local government, news by tracey

‘Pensioners at a care home have had their £1 bingo competition banned after a council accused them of breaking the law against illegal gambling dens.’

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Daily Telegraph, 19th November 2017

Source: www.telegraph.co.uk

“After care services” – when is a local authority required to provide after care services – s.3 mental health act 1983 – Zenith PI

Posted November 15th, 2017 in community care, detention, local government, mental health, news by tracey

‘Tinsley v Manchester City Council & others [2017] EWCA CIV 1704. The question in the appeal: Is a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the Mental Health Act 1983 (“the 1983 Act”) and has then been released from detention but still requires “after-care services” entitled to require his local authority to provide such services at any time before he had exhausted sums reflecting the costs of care awarded to him in a judgment in his favour against a negligent tortfeasor.’

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Zenith PI, 13th November 2017

Source: zenithpi.wordpress.com

Judge allows naming of council involved in special guardianship case – Local Government Lawyer

Posted November 10th, 2017 in anonymity, guardianship, local government, news by tracey

‘A judge has allowed Gloucestershire County Council to be identified in a child guardianship case.’

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Local Government Lawyer, 9th November 2017

Source: www.localgovernmentlawyer.co.uk

Aspects of burial law from Brady’s funeral judgment – Law & Religion UK

Posted November 8th, 2017 in administrators, burials and cremation, coroners, judgments, local government, news, probate, public interest by tracey

‘On 13 October, the High Court handed down the judgment Oldham Metropolitan Borough Council & Ors v Robin Makin & Ors [2017] EWHC Case No: HC-2017-002064 (Ch) concerning the arrangements for the disposal of the body of Ian Stewart-Brady, formerly Ian Brady (the “deceased”), one of the infamous Moors murderers. We posted some initial comments based upon the Court’s judgment and the Summary which it produced “to assist in understanding the Court’s decision”.’

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Law & Religion UK, 8th November 2017

Source: www.lawandreligionuk.com

Employee wins partial victory on harassment in pot plant case – Local Government Lawyer

Posted November 8th, 2017 in complaints, costs, employment tribunals, harassment, local government, London, news, privacy, race discrimination, victimisation by tracey

‘A Westminster City Council employee has won a partial victory at an employment tribunal in a case that arose over a disputed pot plant.’

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Local Government Lawyer, 8th November 2017

Source: localgovernmentlawyer.co.uk

Court refuses to quash decision to issue summons for alleged housing offences – Local Government Lawyer

Posted November 8th, 2017 in Administrative Court, documents, judicial review, local government, mistake, news by tracey

‘A minor error on a summons issued by a borough council in relation to alleged Housing Act offences did not invalidate it, the Adinistrative Court has ruled.’

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Local Government Lawyer, 8th November 2017

Source: localgovernmentlawyer.co.uk