Violence against women and girls should be treated with same priority as terrorism, says watchdog – The Independent

‘“Radical” change is needed to stop an epidemic of violence against women and girls in Britain, a watchdog has found.
An inspection sparked by the killing of Sarah Everard, who was kidnapped, raped and murdered by a serving police officer, said police must prioritise protecting women as highly as counter-terrorism.’

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The Independent, 17th September 2021

Source: www.independent.co.uk

Sexual abuse in School – Adopting a zero-tolerance approach – 3 Hare Court

‘In April this year, thousands of anonymous reports were shared by students on Everyone’s Invited, a website which encourages young survivors of sexual abuse to share their stories. After these reports were received, Everyone’s Invited decided to name the schools implicated in these accounts. Of the 2,962 schools identified, 2,556 are secondary schools and 406 primary schools and 119 universities. To date, in excess of 51,000 testimonies have been shared on the site.’

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3 Hare Court, 1st September 2021

Source: www.3harecourt.com

Looked after children and secure accommodation after 9 September – Local Government lawyer

Posted September 3rd, 2021 in care homes, children, local government, news, statutory duty by tracey

‘David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

Regulating content on user-to user and search service providers – UK Human Rights Blog

‘The dust has settled since the government released its draft Online Safety Bill. Now is therefore a good time to evaluate its aims, methods, and potential impacts, which we will do so in this two-part post. The first post will have a look at the overall architecture of the bill, discussing what it is trying to do and how it is trying to do it. The second post will survey responses to the bill from academics and civil society campaigners, discussing whether the bill does too much or not enough.’

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UK Human Rights Blog, 2nd August 2021

Source: ukhumanrightsblog.com

Council did not have reasonable system in place to respond to police requests for accommodation for detained juveniles: Court of Appeal – Local Government Lawyer

Posted August 3rd, 2021 in children, criminal procedure, detention, news, police, statutory duty by sally

‘The London Borough of Waltham Forest was in breach of its duty to have a reasonable system in place to respond to requests by the police for secure accommodation for juveniles at risk of being detained in police cells overnight, the Court of Appeal has ruled.’

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Local Government Lawyer, 2nd August 2021

Source: www.localgovernmentlawyer.co.uk

Grenfell bereaved and survivors bring multimillion pound case to high court – The Guardian

‘More than 800 bereaved and survivors from Grenfell Tower and 102 firefighters are seeking up to tens of millions of pounds in compensation from organisations involved in the disastrous refurbishment in a case that reaches the high court on Wednesday.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

No preference is a reasonable preference – R (Mallon Montero) v London Borough of Lewisham – Local Government Lawyer

Posted June 18th, 2021 in housing, local government, news, statutory duty by tracey

‘A High Court judge has upheld the disqualification of housing applicants owed the reasonable preference duty on the basis of lack of local residence. Matt Hutchings QC analyses the ruling.’

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Local Government Lawyer, 18th June 2021

Source: www.localgovernmentlawyer.co.uk

High Court rejects ‘failure to remove’ abuse claim – UK Human Rights Blog

‘In a significant adverse judgment for child abuse claimants, DFX v Coventry City Council [2021] EWHC 1382 (QB), Mrs Justice Lambert rejected a claim brought by a number of claimants who alleged that the defendant council’s social services negligently delayed in instigating care proceedings and that had they been removed from the family home earlier they would have avoided serial abuse at the hands of their parents.’

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UK Human Rights Blog, 14th June 2021

Source: ukhumanrightsblog.com

Alastair Richardson: The Legality of Home Office Fees – UK Constitutional Law Association

“Project for the Registration of Children as British Citizens v Secretary of State for the Home Department (PRCBC) concerned a challenge to the lawfulness of fees charged to children applying to be registered as British citizens. The fees have a serious adverse impact on the ability of many children to apply for registration.”

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UK Constitutional Law Association, 26th May 2021

Source: ukconstitutionallaw.org

High Court judge criticises failure by council to deliver EHC plan – Local Government Lawyer

‘Nottinghamshire County Council failed to adequately deliver a disabled child’s Education, Health and Care Plan (EHCP) the High Court has ruled.’

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Local Government Lawyer, 27th May 2021

Source: www.localgovernmentlawyer.co.uk

Too soon for a reasonable preference – Nearly Legal

‘This was a judicial review of LB Lewisham’s allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join the housing register and its relation to the ‘reasonable preference’ given to overcrowded households.’

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Nearly Legal, 25th May 2021

Source: nearlylegal.co.uk

A Sigh of Relief: Elkundi & Ors v Birmingham City Council – Nearly legal

‘Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) comes this altogether more satisfying decision, Elkundi & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1024 (Admin), on the nature and enforceability of the duty under s. 193(2) Housing Act 1996.’

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Nearly legal, 20th May 2021

Source: nearlylegal.co.uk

High Court judge says system of city council for accommodating homeless people is unlawful – Local Government Lawyer

Posted April 30th, 2021 in homelessness, housing, local government, news, statutory duty by tracey

‘Birmingham City Council’s system for allocating accommodation to homeless people has been declared unlawful by the High Court.’

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Local Government Lawyer, 29th April 2021

Source: www.localgovernmentlawyer.co.uk

Council refused permission to appeal High Court ruling on failure to comply with duty to cooperate – Local Government Lawyer

Posted April 19th, 2021 in appeals, local government, news, planning, statutory duty by tracey

‘Sevenoaks District Council has been refused permission to appeal a Planning Court ruling rejecting its legal challenge to a finding by a planning inspector that it had failed to comply with the duty to cooperate when preparing the Sevenoaks District Local Plan for its administrative area.’

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Local Government Lawyer, 19th April 2021

Source: www.localgovernmentlawyer.co.uk

Mandatory relief when left in unsuitable temporary accommodation – Nearly Legal

‘Imam, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 739 (Admin). This is the judgment in a judicial review claim seeking a declaration that Croydon was in breach of its statutory duty under section 193(2) of the Housing Act 1996 to provide suitable accommodation, and for mandatory relief, that Croydon provide suitable accommodation, and consider the claimant’s application for band 1 housing priority.’

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Nearly Legal, 28th March 2021

Source: nearlylegal.co.uk

R (Blundell & Ors) v SSWP; R (Day) v SSWP – Equality Law Blog

‘The Claimants unsuccessfully challenged the Defendant’s policy of making deductions at a fixed rate from universal credit (UC) to pay off criminal fines. So far as relevant here, the claim alleged breach of the PSED (s149 Equality Act 2010) and unlawful indirect disability discrimination. The latter claim failed on the evidence, Kerr J pointing out that it would more suitably have been brought in the county court. The Judge did accept that the Defendant had breached the PSED but ruled against the claimants on the basis that compliance with the PSED would very likely have made no difference and that, therefore, s31A of the Senior Courts Act 1981 defeated the claim.’

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Equality Law Blog, 22nd March 2021

Source: equalitylawblog.com

Councils and other public bodies to be put under legal duty to share data and intelligence in cases of serious violence – Local Government Lawyer

‘A new legal duty is to be imposed on local authorities, the police, criminal justice agencies, health and fire and rescue services to share data and intelligence in cases concerning serious violence.’

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Local Government Lawyer, 11th March 2021

Source: www.localgovernmentlawyer.co.uk

Repeat homelessness applications and local connection – Garden Court Chambers

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Errol Graham: Starved man’s family loses High Court benefits case – BBC News

‘The family of a man who starved to death after his benefits were stopped has lost a High Court challenge against the government.’

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BBC News, 3rd March 2021

Source: www.bbc.co.uk

Failure to enact public duty law ‘has worsened England inequality in pandemic’ – The Guardian

Posted February 25th, 2021 in coronavirus, equality, news, statutory duty by sally

‘The failure of successive governments to enact part of the Equality Act, which would have imposed a duty to address socio-economic disadvantage, has exacerbated inequalities in England during the coronavirus pandemic, a thinktank has claimed.’

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The Guardian, 24th February 2021

Source: www.theguardian.com