Care home business in South Wales fined £432k for fire safety failings – Local Government Lawyer

Posted September 15th, 2020 in fines, fire, health & safety, news, Wales by tracey

‘A residential care home business in Cardiff has been fined more than £430,000 for serious fire safety failings, following a prosecution brought by South Wales Fire and Rescue Service.’

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Local Government Lawyer, 14th September 2020

Source: www.localgovernmentlawyer.co.uk

Ensuring the lawfulness of automated facial recognition surveillance in the UK – Oxford Human Rights Hub

‘In R(Bridges) v South Wales Police, the England and Wales Court of Appeal reviewed the lawfulness of the use of live automated facial recognition technology (‘AFR’) by the South Wales Police Force. CCTV camera­­s capture images of the public, which are then compared with digital images of persons on a watchlist.’

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Oxford Human Rights Hub, 3rd September 2020

Source: ohrh.law.ox.ac.uk

Facial Recognition Technology not “In Accordance with Law” – UK Human Rights Blog

‘The Court of Appeal, overturning a Divisional Court decision, has found the use of a facial recognition surveillance tool used by South Wales Police to be in breach of Article 8 of the European Convention on Human Rights (ECHR). The case was brought by Liberty on behalf of privacy and civil liberties campaigner Ed Bridges. The appeal was upheld on the basis that the interference with Article 8 of the ECHR, which guarantees a right to privacy and family life, was not “in accordance with law” due to an insufficient legal framework. However, the court found that, had it been in accordance with law, the interference caused by the use of facial recognition technology would not have been disproportionate to the goal of preventing crime. The court also found that Data Protection Impact Assessment (DPIA) was deficient, and that the South Wales Police (SWP), who operated the technology, had not fulfilled their Public Sector Equality Duty.’

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UK Human Rights Blog, 13th August 2020

Source: ukhumanrightsblog.com

Police’s Automated Facial Recognition Deployments Ruled Unlawful by the Court of Appeal – Doughty Street Chambers

‘R. (Bridges) v Chief Constable of South Wales [2020] EWCA Civ 1058 [2020] 8 WLUK 64 is thought to be the first case in the world to consider the use of facial recognition technology by law enforcement agencies. In this short article, we explore the judgment and its implications for the deployment of these and similar technologies in future.’

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Doughty Street Chambers, 12th August 2020

Source: insights.doughtystreet.co.uk

Let’s face it: use of automated facial recognition technology by the police – UK Police Law Blog

‘The case of R (Bridges) v Chief Constable of South Wales Police & Information Commissioner [2020] EWCA Civ 1058 (handed down on 11 August 2020) was an appeal from what is said to have been the first claim brought before a court anywhere on planet earth concerning the use by police of automated facial recognition (“AFR”) technology. There could be nothing wrong with posting scores of police officers with eidetic memories to look out for up to a 800 wanted persons at public gatherings. So why not use a powerful computer, capable of matching 50 faces a second with a database of (under) 800 suspects, to do this job much more cheaply and instantaneously, flagging any matches to a human operator for final assessment? According to the Court of Appeal in Bridges, this system constitutes an interference with Article 8 rights which is not such as is in accordance with the law, but which (critically) would be proportionate if a sufficiently narrow local policy were framed.’

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UK Police Law Blog, 11th August 2020

Source: ukpolicelawblog.com

South Wales police lose landmark facial recognition case – The Guardian

‘Campaigners are calling for South Wales police and other forces to stop using facial recognition technology after the court of appeal ruled that its use breached privacy rights and broke equalities law.’

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The Guardian, 11th August 2020

Source: www.theguardian.com

Coronavirus: ‘Institutional racism left minorities exposed’ – BBC News

Posted August 3rd, 2020 in coronavirus, employment, equality, health, inquiries, news, race discrimination, racism, Wales by sally

‘Institutional racism may have contributed to the disproportionate impact of Covid-19 on ethnic minorities in Wales, a top judge has claimed.’

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BBC News, 3rd August 2020

Source: www.bbc.co.uk

Pontypridd: £37m school shake-up scrapped by judicial review – BBC News

Posted July 31st, 2020 in education, judicial review, news, school children, Wales by sally

‘A £37m schools reorganisation in the south Wales valleys has been quashed after a judicial review.’

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BBC News, 30th July 2020

Source: www.bbc.co.uk

Court of Appeal upholds “unparalleled” Housing (Wales) Act 2014 eviction rules – Local Government Lawyer

Posted July 10th, 2020 in appeals, housing, landlord & tenant, licensing, news, notification, repossession, Wales by sally

‘Welsh law means that a landlord who is unlicensed cannot lawfully serve an eviction notice on tenants, the Court of Appeal has found.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

We don’t do that in Wales – Nearly Legal

Posted July 8th, 2020 in housing, landlord & tenant, news, notification, repossession, Wales by sally

‘The question for the Court of Appeal on this second appeal was does failing to be licensed under the Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice?’

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Nearly Legal, 7th July 2020

Source: nearlylegal.co.uk

Cardiff youth offending service ‘inadequate’ – BBC News

Posted July 2nd, 2020 in news, probate, Wales, young offenders by tracey

‘Every part of Cardiff Youth Offending Service (YOS) has been rated “inadequate” by inspectors. It was given the lowest possible performance rating by HM Inspectorate of Probation and told to improve every aspect of its work.’

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BBC News, 2nd July 2020

Source: www.bbc.co.uk

Travel between England and Wales – UK Human Rights Blog

‘The position in relation to cross-border travel between England and Wales has caused confusion in recent weeks. It has been subject to posts from UKHR readers and there have been news articles showing that many people have been entering Wales from England to access beauty spots, unaware that there are different regulations governing the two countries. This post will attempt to clarify the current position.’

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UK Human Right Blog, 26th June 2020

Source: ukhumanrightsblog.com

One Kingdom but four nations emerging from lockdown at four different rates under four different laws – UK Police Law Blog

Posted June 2nd, 2020 in coronavirus, news, Northern Ireland, regulations, Scotland, Wales by sally

‘Laws which criminalise what would otherwise be normal daily life and which the police must enforce must be clear, unambiguous, fair and fairly applied, logical and proportionate to the public health imperative. The purpose of this blog post is to illustrate the difficulties with the amended legislation, the inconsistencies between the laws of the four nations of the UK, as well as the problems of enforcement by the police. Whatever the problems with the legislation, whatever the high profile breaches, people must socially distance and must wear masks when unable to do so. The coronavirus is not going away soon, or perhaps ever. It may be joined by other novel viruses and human life may have to change.’

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UK Police Law Blog, 2nd June 2020

Source: ukpolicelawblog.com

Supreme Court rejects appeal bid by Welsh Ministers over s.73 permissions ruling – Local Government Lawyer

Posted May 20th, 2020 in appeals, local government, news, planning, Supreme Court, Wales by sally

‘The Supreme Court has refused the Welsh Ministers’ application for permission to appeal a ruling that s.73 permissions cannot alter the description of development, it has been reported.’

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Local Government Lawyer, 19th May 2020

Source: www.localgovernmentlawyer.co.uk

Specialist support centre for female offenders to open in Wales – The Guardian

Posted May 5th, 2020 in imprisonment, news, rehabilitation, Wales, women by sally

‘A specialist centre providing accommodation and support to female offenders is to open in Wales as part of the government’s strategy to send fewer women to prison, the Ministry of Justice has said.’

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The Guardian, 5th May 2020

Source: www.theguardian.com

Gareth Evans: Devolution in Wales: From Assembly to Parliament – UK Constitutional Law Association

Posted April 17th, 2020 in constitutional law, devolution, news, Wales by sally

‘On 6 May 2020, the National Assembly for Wales (hereafter “the Assembly”) will officially be renamed, adopting the new title of Senedd Cymru / Welsh Parliament. The change comes as a result of section 9 of the Wales Act 2017, amending the Government of Wales Act 2006 (hereafter “GOWA”) to include the new section 111A which transfers to the Assembly the power to legislate on matters relating to its electoral and operational arrangements.’

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UK Constitutional Law Association, 15th April 2020

Source: ukconstitutionallaw.org

Gethin Thomas: Back to the Wellbeing of Future Generations Bill – UK Constitutional Law Association

‘On 24 March 2020, the Wellbeing of Future Generations Bill 2020 was introduced into the House of Commons, for its first reading, by Caroline Lucas MP. The Bill had been introduced into the House of Lords on 21 October 2019, by Baroness Jenny Jones, on behalf of Lord John Bird (who is best known as the founder of Big Issue). Whilst the Bill is not supported by the Government, it has garnered cross party support, and the Bill’s co-sponsors are drawn from all of the major UK political parties.’

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UK Constitutional Law Association, 7th April 2020

Source: ukconstitutionallaw.org

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’

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Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

Welsh council wins Court of Appeal battle over scope of duty to secure improvement – Local Government Lawyer

Posted March 9th, 2020 in appeals, consultations, local government, news, Wales by tracey

‘A requirement on councils to consult on service improvements is not so wide as to mean consultations must be held on every decision, the Court Of Appeal has ruled.’

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Local Government Lawyer, 5th March 2020

Source: www.localgovernmentlawyer.co.uk

Report into Welsh council highlights monitoring officer also being its sole qualified childcare lawyer as example of risk of ‘all hands to the pumps’ approach – Local Government Lawyer

Posted March 4th, 2020 in children, legal services, local government, news, solicitors, Wales by sally

‘A rapid assessment carried out by the Improvement and Assurance Board set up at Merthyr Tydfil County Borough Council has highlighted a situation where the authority’s monitoring officer is also its sole qualified childcare lawyer and has additional responsibilities as an example of why it has significant concerns about the ability of the council to deal with ongoing practical issues.’

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Local Government Lawyer, 3rd March 2020

Source: www.localgovernmentlawyer.co.uk