SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.
March 15, 2024

Vulnerable adults and non-recognition of marriage

Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.
March 15, 2024

Laying informations and time limits

Darren Nicholls sets out key guidance on laying information and applying for a summons within time limits.
March 15, 2024

Condition precedents in light of Lancashire Schools v Lendlease

Condition precedents are common in various commercial agreements. Ewan Anthony and David Owens discuss the court’s general approach to considering contractual condition precedents, and whether, particularly after the recent case of Lancashire Schools SPC Phase 2 Limited v Lendlease Construction (Europe) Limited and Others [2024] EWHC 37 (TCC), the court may be prepared to disregard them.
March 15, 2024

Disability discrimination in schools

Alex Line analyses a recent Upper Tribunal appeal concerning disability discrimination in schools.
March 14, 2024

It's not just the consumer standards that are changing...

The incoming RSH consumer standards are a catalyst for much wider changes to the regulatory environment for registered providers (RPs) from 1 April 2024, writes Peter Hubbard.
March 13, 2024

Setting aside s84 final orders modifying covenants

The London Borough of Southwark has successfully obtained the setting aside of parts of a final order made under s.84 of the Law of Property Act 1925 modifying covenants in a lease of a public house. Philip Rainey KC explains how.
March 13, 2024

Banning Orders – original sin

A recent First-Tier Tribunal decision on banning orders highlights the importance of getting the Notice of Intention correct, writes Archie Maddan.
March 13, 2024

Housing case law – February 2024

Alice Hughes, Tim Pearl and Janette Plummer round up the latest cases and court decisions of interest to housing associations and local authorities.
March 13, 2024

Housing, indirect discrimination and medical support animals

Clare Cullen considers a judicial review concerning indirect discrimination and applicants who have a medical support animal.
March 13, 2024

The duty of candour and housing-related judicial review

India Flanagan and Jack Barker examine the duty of candour in the context of housing related judicial review claims.
March 13, 2024

Vulnerability within social housing

The Housing Ombudsman has recently identified the meaning of 'vulnerability' when it comes to social housing. Sarah Orchard and Deborah Jeremiah look at the report’s recommendations and set out the key risks for landlords.
March 13, 2024

Piercing the corporate veil in Housing Act prosecutions

Jackson Sirica looks at the challenges for local authorities when deciding who to prosecute for housing offences.
March 08, 2024

Implementation – deviation from plans

Roderick Morton analyses a recent case which examined, amongst other things, whether a permission can be considered implemented if there is deviation from the approved plans.
March 08, 2024

Making out of borough offers

Jeremy Ogilvie-Harris and Hannah Taylor look at how conscientious and lawful out of borough offers of accommodation under Part 7 of the Housing Act 1996 can be made.
March 08, 2024

Above and beyond

Can local plan policies require developers to go beyond national standards? Simon Ricketts analyses a recent Planning Court ruling.
March 08, 2024

Spotlight on Construction Law

It has been a busy year in the construction industry, write David Owens, Rachel Murray-Smith and Helen Arthur, with some standout legislative changes, including in relation to the Building Safety Act 2022, and the Government issuing a significant paper in respect of behaviours relating to PFI contracts.
March 08, 2024

Planning & Infrastructure Authorisation – looking forward: policy highlights

It has been (another) year in which the Government has tried to carry out the tricky balancing act between getting more houses built and living up to its green credentials, write Alastair Lewis, Bernadette Hillman, Emily Knowles and James Goldthorpe.
March 08, 2024

Processing biometric data: key considerations for your organisation

Laura Cook and Melanie Carter consider the Information Commissioner's Office’s (ICO’s) recent enforcement notice, issued against Serco Leisure, and its newly published guidance on the use of biometric data.
March 08, 2024

Closing the gap: community engagement

Alison Marr analyses the transfer of public assets to community bodies in Scotland and the disconnect within part 5 of the Community Empowerment Act 2015.
March 08, 2024

Adjudication and voluminous documents

A recent ruling from the Technology and Construction Court has suggested that voluminous documents will rarely be a breach of natural justice in adjudication, write Arjen Xani and Sarah Wilson.
March 07, 2024

Empty homes: a long-term strategy

Could empty homes strategies assist local authorities struggling to balance the books? Derin Taylor and Lyndon Campbell look at the options.
March 01, 2024

The 'brownfield presumption' – problem solved?

The Department for Levelling Up, Housing and Communities is to consult on a proposal to clear hurdles for developers of brownfield sites. Rita Bange examines the detail.
February 29, 2024

The Levelling-up and Regeneration Act 2023

Jo Pickering, Aidan Dickinson, James Mallery-Nelson, Victoria Okafor and Christopher Watkins explore some of the main legislative changes brought in by the Levelling-up and Regeneration Act 2023 which are set to impact the local government and property sector(s).
February 27, 2024

Refusing to set a budget

What are the consequences if councillors are unable or refuse to set a budget? Geoff Wild explains.
February 27, 2024

Malicious communications and the right to freedom of expression

An appellant has successfully overturned his conviction of a single count under the Malicious Communications Act 1988 over an email he sent to his town councillor. Chantel Gaber and Dominic Thomas analyse the Court of Appeal’s ruling.
February 27, 2024

Civility, equality, tolerance and the management of council meetings

Ed Hammond looks at how to improve relationships involving members, officers, and the public.
February 27, 2024

AI Regulation and the EU AI Act

2024 is going to be the year of AI regulation. As the impact of AI increases in our daily lives, governments and regulatory bodies globally are grappling with the need to establish clear guidelines and standards for its responsible use. Ibrahim Hasan looks at the latest developments.
February 27, 2024

Have you been Malcolm Tuckered?

Matt Lewin looks at the legal issues arising out of allegations of bullying in public office.
February 27, 2024

Spotlight on Employment Rights 2024

With 2024 set to be an interesting year for employment law and practice, we have already seen some changes from 1 January 2024 and there are further changes on the way through this year and into 2025, write Julie Bann and David Leach.
February 23, 2024

Exchange of land

Edward Cousins discusses the enactment of the Commons Act 2006, the introduction of comprehensive systems for the exchange of common land, and recent caselaw.
February 23, 2024

BNG begins: considerations at the application stage

On 12 February 2024, mandatory Biodiversity Net Gain (“BNG”) officially arrived. Alastair Lewis, Emily Knowles and James Goldthorpe explore how BNG will need to be approached at the planning application stage.
February 23, 2024

Enforcement warning notices

Roderick Morton assesses the potential use of enforcement warning notices under s172ZA of the Town & Country Planning Act 1990.
February 23, 2024

Body worn camera footage

Ibrahim Hasan looks at the issues raised police misuse of body worn camera footage.
February 22, 2024

Asylum seekers, care and support and accommodation-related needs

The High Court has found that a local authority subjected a disabled asylum seeker to inhuman and degrading treatment for seven months. Gráinne Mellon and Nadia O’Mara explain why.
February 22, 2024

School pupils and reasonable adjustments

Philip Wood analyses a new case on the reasonable adjustment duty for schools under the Equality Act 2010.
February 22, 2024

Triangulation and flexibility

Alex Ruck Keene KC (Hon) reports on a recent case that showed how demanding taking capacity seriously is – and should be.
February 22, 2024

‘Suitable’ vs ‘Appropriate’

Olivia McGonigle looks at the lessons to be learned from a recent Upper Tribunal ruling in relation to naming schools in EHC plans.
February 22, 2024

Court of Protection case law update: February 2024

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.
February 22, 2024

What does the new gender questioning guidance mean for schools?

Just before Christmas, the Department for Education (DfE) published its long-awaited draft guidance on gender questioning pupils, which has inevitably resulted in some controversy, writes Philip Wood.
February 22, 2024

EHCPs and home education

Is it lawful for an EHC plan to specify home education – and if so, how? Katherine Anderson examines a recent Upper Tribunal ruling.
February 22, 2024

Deprivations of liberty and the lack of placements

The placement of young people with complex needs is a problematic area that continues to cause concerns for all professionals and services. Frequently, the judiciary must adjudicate on whether they should use their inherent jurisdiction to deprive a child of their liberty. Queenet Awesu considers a recent Family Division ruling.
February 22, 2024

Ofsted reform: Where are we now and where do we go from here?

Katie Michelon summarises some recent developments in relation to Ofsted and highlights what we can expect next.
February 22, 2024

Surrogacy and step-parent adoption applications

A High Court judge has said that whilst many surrogacy arrangements work very successfully, a recent case before her provided a graphic illustration of the difficulties that can be encountered if the arrangement breaks down. Eleanor Suthern analyses the ruling.
February 22, 2024

Contact, contraception, conception and conceptual clarity

Alex Ruck Keene KC (Hon) analyses a recent High Court case where Poole J was required to dissect a difficult question.
February 22, 2024

Securing SEND provision in the context of stretched local authority budgets

Jim Hirschmann looks at what happens where a mandatory duty applies but a public body fails to discharge it, and examines the role of the Local Government and Social Care Ombudsman as a route of redress for the failures of councils in relation to SEND provision.
February 16, 2024

Was The Spectator right to mock councils for calling for a Gaza ceasefire?

Matt Lewin looks at some of the legal issues arising from "political" resolutions passed by local authorities.
February 16, 2024

Remediation Orders: What you need to know

Joe Walker and Helen Arthur explain what a remediation order is and look at two recent cases to see how the First-Tier Tribunal has interpreted the framework for these.
February 16, 2024

Use of intermediaries in the Family Court

Louise Thomson analyses a judgment containing valuable guidance on the use of intermediaries in the Family Court.
February 16, 2024

Local authority companies: dissolution v dormancy

Matt Marsh looks at the options available to local authorities when they have concluded that their subsidiary companies are no longer required.
February 16, 2024

When does a caravan remain a “caravan”?

An inspector recently upheld an enforcement notice for a Lake District caravan. Stephanie Bruce-Smith explains why.