‘Worcestershire County Council has started legal action against the Secretary of State for Health and Social Care, Matt Hancock, in a dispute over which council should care for someone under the Mental Health Act 1983.’
Local Government Lawyer, 25th June 2020
Source: www.localgovernmentlawyer.co.uk
‘Residential landlords may well be familiar with, and will quite possibly have fallen foul of, the statutory requirements placed upon them in respect of gas safety certificates. The case of Caridon Property Ltd v Shooltz (02/02/18, unreported but the judgment is available online) providing, until yesterday, unbinding but highly persuasive authority that landlords who fail to serve a copy of the most recent gas safety certificate prior to a tenant entering in to occupation of the relevant property could not rely upon the no-fault eviction process provided by section 21 of the Housing Act 1988 and, as per the County Court appeal judgment of HHJ Luba QC, could never rectify the error. The decision, which was regularly followed by district judges and deputy district judges in the County Court throughout the country, placed landlords in a position where, unless they were able to rely upon any of the grounds set out Schedule 2 of the 1988 Act and therefore serve a section 8 notice, they had no way of evicting tenants, even though they were purportedly assured shorthold tenants.’
3PB, 19th June 2020
Source: www.3pb.co.uk
‘Where a local authority has an initial s.188 Housing Act 1996 duty to provide interim accommodation, but then makes a s.184 decision that the applicant is not in priority need, is that sufficient to bring the s.188 duty to an end? In this judicial review, the answer turns out to be no, at least not if the s.189B duty is continuing and notice of no further duty has not been served.’
Nearly Legal, 16th June 2020
Source: nearlylegal.co.uk
‘A children’s rights charity is to ask the High Court to quash a statutory instrument that introduced significant changes to children’s social care law during the coronavirus pandemic.’
Local Government Lawyer, 8th June 2020
Source: www.localgovernmentlawyer.co.uk
‘Mr I, his wife and child had been given the tenancy of a two bedroom flat on the eight floor of a block of flats in discharge of the council’s homeless duty to them in September 2017. In November 2017 Mr I was suddenly paralysed from the waist down. He could not leave his bedroom and a wheelchair could not be used in the flat. The council carried out Care Act 2014 assessments, which acknowledged that he had a clear need to move to a suitable property, ground floor with 3 bedrooms and in which a wheelchair could be used.’
Nearly Legal, 3rd June 2020
Source: nearlylegal.co.uk
‘Dr Minesh Talati wants accountability not just for his father’s death, but the other coronavirus victims who didn’t need to die.’
The Guardian, 3rd June 2020
Source: www.theguardian.com
‘In the context of an employer’s duty to provide PPE to protect against exposure to the novel coronavirus, the focus is likely to be on two sets of domestic health and safety regulations: The Personal Protective Equipment at Work Regulations 1992 (PPE Regulations), and the Control of Substances Hazardous to Health Regulations 2002 (COSHH). The application of the latter should disapply the former, but the two will be considered together.’
Ropewalk Chambers, 6th May 2020
Source: www.ropewalk.co.uk
‘Have we ever talked so much about PPE? Each breakfast bulletin features interviews with essential workers on the frontline of the COVID-19 pandemic, varyingly reporting inadequacies, shortages and faltering supply lines. When a shipment lands, it makes the news.’
St Philips Barristers, 14th May 2020
Source: st-philips.com
‘The Department for Education has taken two key steps to relieve councils of duties related to children with special educational needs (SEN) during the Covid-19 crisis.’
Law Society's Gazette, 1st May 2020
Source: www.lawgazette.co.uk
‘As we watch the Covid-19 pandemic unfold our attention is naturally on the steps that HM Government (“HMG”) is taking to mitigate the immediate crisis. The time is approaching, however, when it will be necessary to evaluate HMG’s preparation for, and response to, the pandemic. Calls are being made by the TUC and doctors’ groups for a public inquiry into one aspect of its response, namely failures to procure adequate personal protective equipment (“PPE”) for NHS staff, at least 100 of whom are believed to have died having contracted the virus while treating patients. HMG is accused of failing to respond to a national exercise in 2016 testing the UK’s resilience to a similar flu pandemic which highlighted an increased need for ventilators. Other criticisms go further. This blog argues that the state owes a duty under Article 2 of the European Convention on Human Rights to investigate some deaths caused by Covid-19. This duty will require not only inquests into individual deaths but also a public inquiry under the Inquiries Act 2005 to address those systemic issues not suitable for determination by an inquest. The post builds on and responds to posts by Conall Mallory, James Rowbottom and Elizabeth Stubbins Banes. It also foreshadows the need for reform in this area.’
UK Constitutional Law Association, 29th April 2020
Source: ukconstitutionallaw.org
‘The government will attempt to push back a legally binding deadline for the completion of an independent review of Prevent, the programme that aims to stop people becoming terrorists, the Guardian understands.’
The Guardian, 28th April 2020
Source: www.theguardian.com
‘The recent judgment in R(Idolo) v London Borough of Bromley [2020] EWHC 860 (Admin) provides an important discussion of the positive duties of the state under Article 8 ECHR – and specifically, the issue of when an Article 8 breach may arise in the absence of any failure of a local authority to carry out statutory duties. Arianne Kelly discusses the case and its practical implications following the amendments that the Coronavirus Act made to the Care Act.’
Coronavirus: Guidance for Lawyers and Businesses, 27th April 2020
‘There is no doubt that the Government owes a moral duty to provide those on the frontline fighting this virus with the tools they need to work safely. Beyond the undeniable moral duty, does the Government owe them a legal duty as well?’
Nexus Chambers, 10th April 2020
Source: www.nexuschambers.com
‘Family life is significantly disrupted as a result of the ‘lockdown’, and many children in care will not have seen their parents for a number of weeks. This short article considers the legal position with regard to the duties of local authorities in England to looked-after children and contact, and the interaction between this and the Coronavirus Act 2020 and regulations.’
Transparency Project, 11th April 2020
Source: www.transparencyproject.org.uk
‘The owners and operators of businesses and public spaces such as concert halls, shopping centres and parks will be legally bound to protect such venues from terrorism under a new statutory duty proposed by the government.’
The Guardian, 24th February 2020
Source: www.theguardian.com
‘A campaigner has threatened a fresh legal challenge after a consultation on proposed changes at the Friarage Hospital in Northallerton did not include the option to maintain its accident and emergency department.’
Local Government Lawyer, 11th February 2020
Source: www.localgovernmentlawyer.co.uk
‘A recorder had been correct not to strike out a negligence claim against a police force brought by the owner of cargo stolen from a lorry parked in a secluded lay-by at night while the driver was held at a police station on suspicion of drink driving. The possibility of a duty of care owed by the police was not precluded by statute, and there were no authorities that resolved the issue. The matter needed a full trial of the evidence.’
St Pauls Chambers, 31st January 2020
Source: www.stpaulschambers.com
‘This month a public consultation is underway in Wales looking at implementing a duty on public bodies to consider the effect of policies on socio-economic inequality.’
Cloisters, 23rd January 2020
Source: www.cloisters.com
‘Councils across England are being reminded about the financial support they must provide to foster carers’ school transport expenses following an investigation by the Local Government and Social Care Ombudsman into Wolverhampton council.’
Local Government Lawyer, 17th January 2020
Source: www.localgovernmentlawyer.co.uk
‘Litigants do not owe a duty of care to their opponents, the Court of Appeal has made clear.’
Litigation Futures, 18th December 2019
Source: www.litigationfutures.com
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