Domestic abuse survivors at risk from councils’ failure to rehouse them – The Guardian

‘People fleeing domestic abuse are being put in danger by local authorities who fail to provide housing for months on end, despite a law which should prioritise them, a new study shows.’

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The Guardian, 23rd September 2022

Source: www.theguardian.com

Local authority duties towards unaccompanied asylum seeking children – Local Government Lawyer

Posted September 12th, 2022 in asylum, children, immigration, local government, news, statutory duty by tracey

‘Bronwen Jones and Samina Iqbal of Goldsmith Chambers provide comprehensive and up to date legal information covering the duties of local authorities towards asylum-seeking children.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

When Code and RAMS Collide – Local Government Lawyer

‘James Nelson takes a look at the High Court’s decision in Cornerstone Telecommunications Infrastructure Limited v London Borough of Hackney.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Employer’s Liability after the Enterprise and Regulatory Reform Act 2013: The Latest – Ropewalk Chambers

Posted August 16th, 2022 in accidents, employment, health & safety, news, statutory duty by sally

‘The passing of the Enterprise and Regulatory Reform Act 2013 (‘ERRA’) was anticipated to have a profound impact on the way in which employer’s liability claims were litigated. The effect of section 69 was to remove civil liability for breaches of the variety of health and safety regulations which imposed strict liability on employers to employees injured in accidents at work.’

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Ropewalk Chambers, 28th July 2022

Source: www.ropewalk.co.uk

Article 2 inquest determination concerning Community Mental Health Services quashed – Local Government Lawyer

‘Dominic Ruck Keene outlines a case in which an article 2 inquest determination concerning Community Mental Health Services was quashed.’

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Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds High Court decision limiting private law actions in pollution disputes – Local Government Lawyer

‘The Court of Appeal has confirmed a judgment of the High Court that affected parties do not have a right to bring private law actions against water companies over unauthorised discharges of sewage.’

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Local Government Lawyer, 28th June 2022

Source: www.localgovernmentlawyer.co.uk

Article 2 inquest determination concerning Community Mental Health Services quashed – UK Human Rights Blog

Posted June 16th, 2022 in coroners, hospitals, inquests, mental health, news, statutory duty by sally

‘In R (Patton) v HM Assistant Coroner for Carmarthenshire and Pembrokeshire [2022] EWHC 1377 (Admin), Mrs Justice Hill quashed a ruling that the Article 2 general (or systemic) duty has not been potentially engaged by the death of Kianna Patton.’

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UK Human Rights Blog, 15th June 2022

Source: ukhumanrightsblog.com

Judicial Review of Policies – Local Government Law

‘R (All the Citizens) v SoS (2022) EWHC 960 (Admin), a Divisional Court is concerned with whether there is a legal duty, enforceable by judicial review, to create and maintain records so that they are available for posterity, and whether policies are enforceable as a matter of public law.’

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Local Government Law, 4th May 2022

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

No messing about – Nearly Legal

Posted May 5th, 2022 in homelessness, housing, local government, news, statutory duty by sally

‘Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of Appeal.’

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Nearly Legal, 4th May 2022

Source: nearlylegal.co.uk

Legal challenge sees decision to close hospital over staffing issues quashed – Local Government Lawyer

Posted April 26th, 2022 in consultations, coronavirus, hospitals, judicial review, news, statutory duty by sally

‘An NHS Trust has conceded, following a judicial review challenge, that its decision to close a hospital over staffing issues partly attributed to pandemic pressures was unlawful.’

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Local Government Lawyer, 25th April 2022

Source: www.localgovernmentlawyer.co.uk

Failure to remove claims – the Osman test – Local Government Lawyer

Posted March 11th, 2022 in domestic violence, families, local government, news, statutory duty by tracey

‘Jack Harding examines case law on failure to remove claims and the application of the Osman test in the context of domestic violence.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Age assessment and the Kent Intake Unit social worker guidance – Local Government Lawyer

‘The High Court has ruled that the Home Office acted unlawfully in detaining unaccompanied young people for age assessments at a port in Kent. Shu Shin Luh and Antonia Benfield explain why.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

R(ZLL) v SSHCLG: Everyone In a “call to action” not a policy – Nearly Legal

‘In this case, Fordham J scrutinised the nature of “Everyone In” and analysed whether it was a “policy”, such as to impose public law duties on the Secretary of State on its curtailment. The judgment (2022) EWHC 85 (Admin) contains a detailed discussion of the ingredients that make a policy, and a pithy take on when the need to consult stakeholders arises. The judge finds that Everyone In cannot properly be described as prescriptive policy guidance, but can safely be described as “an initiative”, so the Secretary of State was not bound by the constraints on changing policy. Judgment was given under the old Departmental name, since changed to the snappy Department for Levelling Up, Housing and Communities. The two interested parties, Camden LB Council and Shelter, did not appear.’

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Nearly Legal, 24th January 2022

Source: nearlylegal.co.uk

Supreme Court invited to consider secondary victim claims – UK Human Rights Blog

‘Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 (13 January 2022). The Court of Appeal dismissed a set of claims for psychiatric injury on the basis of prior binding authority, but indicated that the issue is suitable for consideration by the Supreme Court.’

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UK Human Rights Blog, 20th January 2022

Source: ukhumanrightsblog.com

Katy Sprague not warned of threat to kill hours before her murder – BBC News

‘A woman was not told her neighbour had threatened to kill her just hours before he murdered her, a review has found.’

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BBC News, 19th January 2022

Source: www.bbc.co.uk

Venues must have anti-terror measures under government plans – BBC News

Posted January 10th, 2022 in consultations, government departments, news, statutory duty, terrorism by tracey

‘Venues would have a legal duty to put in place security measures to protect the public from terror attacks under government plans. It comes in the wake of the 2017 Manchester Arena bombing, when 22 people were killed as they left an Ariana Grande concert. Home Secretary Priti Patel will set out the proposals on Monday, following an 18-week consultation.’

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BBC News, 9th January 2022

Source: www.bbc.co.uk

Hillsborough Law would ‘level scales of justice’, says mayor – BBC News

‘A Hillsborough Law is needed to ensure fairer treatment for bereaved families, Liverpool City Region’s mayor has said.
Steve Rotheram and Greater Manchester Mayor Andy Burnham said the government needs to “level the scales of justice”.
They are calling for measures recommended in a 2017 report, based on the experiences of Hillsborough families, to be enshrined in law.’

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BBC News, 7th January 2022

Source: www.bbc.co.uk

Guidance from Divisional Court on Article 2 inquests – UK Human Rights Blog

Posted January 5th, 2022 in coroners, human rights, inquests, mental health, news, statutory duty by sally

‘In R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin), the Divisional Court provided detailed guidance on the circumstances in which an enhanced investigation under Article 2 ECHR may be required at an inquest.’

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UK Human Rights Blog, 4th January 2022

Source: ukhumanrightsblog.com

The investigative duty and ‘historic’ allegations – when is the duty engaged? – UK Police Law Blog

‘In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny by the Supreme Court. In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55, the Court has provided guidance on three key matters: the extent to which the investigative duty under articles 2/3 of the European Convention of Human Rights is engaged in pre-commencement deaths (the ‘Temporal Scope Issue’); when new evidence revives the investigative obligation (the ‘Brecknell Issue’); and how courts assess the independence of investigations (the ‘Independence Issue’).’

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UK Police Law Blog, 20th December 2021

Source: ukpolicelawblog.com

High Court dismisses judicial review over approach by council to deciding if suitable home education is taking place – Local Government Lawyer

‘The High Court has dismissed a legal challenge to the way in which Portsmouth City Council discharges its duties under the Education Act 1996 in respect of home-educated children.’

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Local Government Lawyer, 19th November 2021

Source: www.localgovernmentlawyer.co.uk