‘What happens when your FOIA request to a public authority is met with the response that it would breach the cost limits set under section 12 to respond to the request because the authority’s record keeping systems are in a particular (i.e. poor) state? In a word: tough.’
Panopticon, 24th August 2017
Source: panopticonblog.com
‘Campaigners have threatened a fresh court challenge after accusing the Government of failing to act on the Supreme Court’s ruling that harsh immigration rules unfairly punish children.’
The Independent, 31st July 2017
Source: www.independent.co.uk
‘Crawley v Barnsley MBC [2017] 1WLR 2329 may well have surprised both local authorities and those who follow the law reports. It strikes one as very much a decision on its own facts and typical of the numerous cases which these days clutter the Lexis reports. If it does indeed state a matter of principle, it may be thought a singular advance on previous authorities.’
Zenith PI, 26th July 2017
Source: zenithpi.wordpress.com
‘A Deputy High Court judge has quashed a London borough’s Care Act assessment for a man with autism spectrum disorder and severe learning difficulties.’
Local Government Lawyer, 7th July 2017
Source: localgovernmentlawyer.co.uk
‘The claimant, Hertfordshire County Council, were the owners of a bungalow occupied by the defendant, Mr Davies, and his family. The accommodation was tied to a local school, and Mr Davies had lived there since 2003 in his role as caretaker for the school.’
Garden Court Chambers, 5th July 2017
Source: www.gardencourtchambers.co.uk
“The Administrative court has confirmed that the duty on local authorities under s.17 of the Children Act 1989 is an ongoing one and held that Lewisham London Borough Council had acted irrationally in concluding in a follow-up assessment that a mother had the means to provide her children with accommodation and that the children were not in need within the meaning of s.17.”
Community Care Blog, 22nd June 2017
Source: communitycare11kbw.com
‘Campaigners have launched a High Court challenge against the Government over the number of unaccompanied child refugees accepted into the UK under the Dubs scheme.’
The Independent, 20th June 2017
Source: www.independent.co.uk
‘Basildon Council has confirmed it is to appeal the imposition by the Information Commissioner of a £150,000 monetary penalty for publishing sensitive personal information about a family in planning application documents that were made publicly available online.’
Local Government Lawyer, 20th June 2017
Source: www.localgovernmentlawyer.co.uk
‘The Administrative Court has held that priority within a housing allocation scheme providing that existing social housing tenants are to be preferred over other applicants, such as the homeless and women fleeing domestic violence, for certain local lettings of eg new and refurbished accommodation was justified and accordingly had not been unlawfully discriminatory for the purposes of art.14 and ss.19, 29 Equality Act 2010; the introduction of the local lettings policies had complied with s.149 Equality Act 2010 and s.11 Children Act 2004; but the operation of a system of direct offers, used particularly to allocate accommodation to homeless applicants, had not been sufficiently set out in the scheme and was accordingly unlawful.’
Arden Chambers, 31st May 2017
Source: www.ardenchambers.com
‘C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied as homeless there. She was, eventually, given 3 bed temporary accommodation in Islington.’
Nearly Legal, 6th June 2017
Source: nearlylegal.co.uk
‘The Homelessness Reduction Act has now received royal assent. The Act itself is here. There is no date yet for it to come into force – there will need to be statutory guidance produced first – and the current guess is that it is likely to be in 2018. Of course, what the Act mostly does is amend Housing Act 1996 Part VII.’
Nearly Legal, 14th May 2017
Source: www.nearlylegal.co.uk
‘Many of you, I suspect, will be like me – you hear from clients, prospective clients, tenants etc., on a very frequent basis that in making a housing decision, or indeed in not making it, the council or housing association has ‘breached its duty of care’ to them.’
Nearly Legal, 11th April 2017
Source: www.nearlylegal.co.uk
‘A proposed “Hillsborough law” requiring police forces and public authorities to be open and truthful in legal proceedings, including about their own failures, and that would give bereaved families the same resources as the police to make their case at future inquests is to be presented to parliament.’
The Guardian, 29th March 2017
Source: www.guardian.co.uk
‘Some local authorities are no longer fulfilling their statutory duties to children and nearly nine out of ten local authorities are finding it “increasingly challenging”, according to a new report from the All Party Parliamentary Group on Children.’
Local Government Lawyer, March 2017
Source: www.localgovernmentlawyer.co.uk
‘On 3 March 2017, the Court of Appeal (Civil) Division handed down the judgment in Casson v Hudson & Anor [2017] EWCA Civ 125 in relation to a claim for damages following a fall from a ladder during the painting of a church hall. The case highlights the potential liabilities faced by incumbents and PCCs in relation to persons undertaking work on premises for which they are responsible.’
Law & Religion UK, 8th March 2017
Source: www.lawandreligionuk.com
‘Ben Mansfield, barrister of The 36 Group, examines the judgment of Mr Justice Keehan in H (A Minor) v Northamptonshire County Council and the Legal Aid Agency [2017] EWHC 282 (Fam).’
Family Law Week, 23rd February 2017
Source: www.familylawweek.co.uk
‘Commercial property landlords could be forced to actively inspect their properties and police tenants suspected of tobacco and other excise duty evasion under plans proposed by HM Revenue and Customs (HMRC), an expert has warned.’
OUT-LAW.com, 22nd February 2017
Source: www.out-law.com
Sharp v Leeds City Council [2017] EWCA Civ 33
‘The claimant alleged that an accident in which she sustained an injury had been caused by the failure of the local authority to maintain a footpath, in breach of its statutory duty. As the damages alleged were less than £25,000 or less, the claim fell within the purview of the Pre-Action Protocol for Low Value Personal Injury (Employer’s Liability and Public Liability) Claims (“EL/PL Protocol”). The claimant commenced the claims process pursuant to the protocol by loading a claim notification form (“CNF”) via the online Portal process, alleging breach of statutory duty under the Highways Act 1980. The claim subsequently ceased to continue within the EL/PL Protocol and thereafter fell within the Pre-action Protocol for Personal Injury Claims (“the Personal Injury Protocol”), the claimant’s CNF being treated as a letter of claim. As the local authority failed to provide the required pre-action disclosure within the prescribed time pursuant to the Personal Injury Protocol, the claimant made a pre-action disclosure application to the County Court under section 52 of the County Courts Act 1984. The district judge awarded her the costs of the pre-action disclosure application, summarily assessing them on the standard basis at £1,250. He treated the fixed costs regime provided by Section IIIA of CPR Pt 45 as inapplicable to the costs of applications under section 52 in respect of claims which had started, but no longer continued, under the EL/PL Protocol. However, on appeal, a different judge concluded that the fixed costs regime did apply, and the costs payable were reduced to £305.’
WLR Daily, February 2017
Source: www.iclr.co.uk
”Off the record’ comments made by former HM Revenue and Customs (HMRC) permanent secretary for tax Dave Hartnett to journalists at The Times in 2012 breached the duty of confidentiality owed to taxpayers by the department, the UK’s highest court has ruled.’
OUT-LAW.com, 20th October 2016
Source: www.out-law.com
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