‘The High Court has rejected a legal challenge brought by a school over an inspection report issued by Ofsted following two separate inspections.’
Local Government Lawyer, 23rd July 2024
Source: www.localgovernmentlawyer.co.uk
‘R (AO) v LB of Haringey (Central London Administrative Court, 9 May 2024). Interim relief was granted in favour of a mother and two primary school aged children who were being accommodated by the Defendant local authority under section 188(1) Housing Act 1996 in unsuitable bed and breakfast accommodation. The Court considered arguments that a mandatory order should not be made because of resource constraints and applied the Supreme Court decision of R (Imam) v Croydon London Borough Council (2023) UKSC 45, [2023] 3 WLR 1178 (“Imam”).’
Nearly Legal, 7th July 2024
Source: nearlylegal.co.uk
‘On 5 June 2024, the Administrative Court gave its final word on relief in the (relatively) long running ECPAT UK judicial review (see R (ECPAT UK) v Kent County Council [2024] EWHC 1353 (Admin)). The case centred on Kent County Council’s (“KCC”) failure to meet its statutory duty to look after unaccompanied asylum-seeking children (“UAS children”) arriving at its coast and the Home Secretary’s systematic, routine and (ultimately) unlawful use of hotels to accommodate them outside of the care system. While the Court’s findings of illegality on the part of both defendants were uncontroversial – indeed KCC conceded it was acting (owing to a purported lack of resource) illegally (see R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 1953 (Admin), para 161) – it was the Court’s willingness to extend its usual role and monitor the defendants’ compliance with its ruling which makes this case unique.’
UK Constitutional Law Association, 1st July 2024
Source: ukconstitutionallaw.org
‘What is the correct approach to determining the suitability of accommodation when the applicant’s circumstances engage rights under the European Convention on Human Rights (ECHR)? This is an issue of general public importance affecting local authorities discharging homelessness duties under Part VII of the Housing Act 1996. Who says? Andrews LJ, when she directed that an appeal from Mr Rabah Ghaoui should proceed to a hearing.’
Law Society's Gazette, 14th May 2024
Source: www.lawgazette.co.uk
‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’
Nearly Legal, 12th May 2024
Source: nearlylegal.co.uk
‘Piers Riley-Smith analyses a Court of Appeal case concerning whether there was a legal power to vary an Abatement Notice issued under s.80 of the Environmental Protection Act 1990.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
‘The Work and Pensions Committee is conducting an inquiry on a highly important matter: how vulnerable welfare claimants are safeguarded by the Department of Work and Pensions (DWP), and whether changes ought to be made. In the course of this work, it has raised this important question: should the DWP be placed under a statutory duty for safeguarding vulnerable claimants?’
UK Constitutional Law Association, 16th April 2024
Source: ukconstitutionallaw.org
‘A briefing on reporting child abuse in England, including Government plans to introduce a mandatory reporting duty.’
House of Commons Library, 28th February 2024
Source: commonslibrary.parliament.uk
‘The UK government’s consultation on proposed changes to the requirements for standard tier premises under draft anti-terrorism legislation confirms a commitment to proportionality. However, questions remain, including on what businesses must do to protect against acts of terrorism, an expert has said.’
OUT-LAW.com, 14th February 2024
Source: www.pinsentmasons.com
‘Lee Parkhill reviews new Government guidance on the joint duty under s.117 of the Mental Health Act 1983.’
Local Government Lawyer, 2nd February 2024
Source: www.localgovernmentlawyer.co.uk
‘In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the Court arguably made the right to be provided with housing (in the form of suitable accommodation) a justiciable right for certain categories of homeless persons.’
Oxford Human Rights Hub, 23rd January 2024
Source: ohrh.law.ox.ac.uk
‘In TS, R (on the application of) v The London Borough of Hackney [2023] EWHC 3063 (Admin), Jonathan Glasson KC, sitting as a Deputy Judge of the High Court, quashed the council’s assessment and care planning decision, concluding that the decision making in relation to the care package was “flawed”.’
Local Government Lawyer, 7th December 2023
Source: www.localgovernmentlawyer.co.uk
‘Imam, R (on the application of) v London Borough of Croydon (2023) UKSC 45. This is the long awaited Supreme Court decision in Imam v Croydon on what conditions a court should have regard to in deciding whether to make a mandatory order that the local authority comply with its section 193(2) Housing Act 1996 duty to provide suitable accommodation. At first instance, Croydon have avoided a mandatory order, despite Ms Imam having been in what was acknowledged to be unsuitable accommodation for what was then 5 years, in part on the basis of a fairly general assertion that LB Croydon had no suitable houses and no money (our note here). This was reversed by the Court of Appeal (our note here), which held that a pleading of lack of resources would have to be demonstrated in detail, with evidence of steps taken, before a court would accept this as a reason not to make a mandatory order.’
Nearly Legal, 3rd December 2023
Source: nearlylegal.co.uk
‘The central issue before the Supreme Court is R (Imam) v London Borough of Croydon (2023) UKSC 45, in which Judgment was given on 28 November 2023, was whether, and, if so, in what way, a local authority’s lack of financial or other resources should be taken into consideration when a Court is deciding whether to grant a Mandatory Order against the authority in order to enforce its undoubted statutory duty (paragraph 37) towards a homeless individual under Section 193(2) of the Housing Act 1996.’
Local Government Law, 29th November 2023
Source: local-government-law.11kbw.com
‘The Ministry of Justice (MoJ) yesterday published the Arbitration Bill, including a new statutory duty on arbitrators to disclose anything which might give rise to “justifiable doubts” about their impartiality.’
Legal Futures, 23rd November 2023
Source: www.legalfutures.co.uk
‘Content platforms in the UK can expect to receive more details on the steps they might need to take to address the risk of illegal online harms on 9 November, a regulator has confirmed after the Online Safety Act passed into UK law.’
OUT-LAW.com, 27th October 2023
Source: www.pinsentmasons.com
‘The Home Office has been accused of unlawfully segregating asylum seekers from the local population based on their nationality by “falsely imprisoning” them on a remote Essex airbase.’
The Guardian, 25th October 2023
Source: www.theguardian.com
‘This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in Walsall in discharge of Waltham Forest’s s.193 duty to Ms Webb-Harden. Ms Webb-Harden is a single mother with three children, who had lived in London all her life. She had become homeless from the termination of a private sector tenancy.’
Nearly Legal, 28th August 2023
Source: nearlylegal.co.uk
‘The Claimant was a destitute asylum-seeker who was heavily pregnant and the mother of three young children.’
Garden Court Chambers, 31st July 2023
Source: www.gardencourtchambers.co.uk
‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’
Nearly Legal, 28th July 2023
Source: nearlylegal.co.uk
© Inner Temple Library 2024