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  NEWS

May 19, 2022

Nine out of ten county councillors support ability of authorities to adopt hybrid model of meetings

Nearly nine out of ten county councillors (87%) would like their council to be able to adopt a hybrid set up going forward, a survey by the County Councils Network (CCN) has found.
May 19, 2022

Peers raise concerns over Government curbing of parliamentary scrutiny

The Government has restricted parliamentary scrutiny, failed to provide information on the impact of legislation and given poor explanatory background on its policy decisions in a number of instances, according to an end of session report from the House of…
May 19, 2022

Claimant loses legal challenge over refusal of Culture Recovery Fund loan

The Secretary of State for Culture, Media and Sport has defeated a judicial review challenge to a decision not to give a Government loan to a music festival promoter.
May 13, 2022

Ombudsman report sees council agree to pay family of seven £6,000 after they were left to live in one bedroom flat

A Local Government and Social Care Ombudsman investigation has found that Bromley Council did not do enough to help a family of seven when they were threatened with homelessness.
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  FEATURES AND ANALYSIS

May 06, 2022

Discharging patients into care homes at the start of the pandemic

A challenge to a Government policy of discharging hospital patients to care homes at the start of pandemic has been partly upheld. Dominic Ruck Keene analyses the judgment.
March 25, 2022

To jab or not to jab, that is the question!

Natalie Cross explores the rules on Covid-19 and flu vaccinations for looked after children.
March 04, 2022

I can see clearly now… restrictions are gone!

Libby Hubbard outlines some of the issues employers should consider following the lifting of Covid-19 restrictions.
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  WEBINARS AND PODCASTS

March 25, 2021

Covid Enforcement Restrictions

As the UK prepares for the relaxation of lockdown, barristers Zachary Bredemear, Richard Cherry and Conor Kennedy offer a reminder of the restrictions on bringing proceedings and enforcement that are still in force.
March 15, 2021

The LLG Grapevine 15th March

Deborah Evans, Dennis Hall and Helen McGrath from LLG discuss devolution, Judicial Review, GDPR, The CfGS's Governance Risk & Resilience Framework, gender equality, flexible working, Rule of Law and Test and Trace.

 

March 09, 2021

Hugh James' NPS Framework Fortnight: Lot 3 - Civil Litigation - Housing Management

Rebecca Rees gives ten tips for handling disrepair claims and Bethan Gladwyn provides an overview of the current rules and practice for possession claims.
January 20, 2021

Delivering leisure facilities in a post-covid world

The pandemic has introduced new hurdles in the provision of local authority led leisure services. Peter Ware, Catherine Rustomji and Alex Kynoch look at the different options available to councils, including establishing a charity.
November 19, 2020

Licensing v.2.0 – a system reboot post-Covid

Philip Kolvin QC considers possible reforms to the licensing system that he says, if made in the wake of the pandemic, might determine the future of our towns and cities over the next 25 years.
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  MORE NEWS

May 10, 2022

Barrister stresses importance of PACE and good practice after successfully defending pub landlord charged with Covid -19 rules breach

A barrister who successfully defended a pub landlord accused of failing to close his pub during tier 4 lockdown in February 2021 has claimed the case should serve “as a reminder that even in extraordinary circumstances, the rules of PACE and good practice…
May 09, 2022

Equalities watchdog issues statement on ‘long Covid’ and disability

The Equality and Human Rights Commission has issued a statement on ‘long Covid’, disability and the Equality Act.
May 09, 2022

Councils urge introduction of permanent "but locally led" pavement licensing regime

The Local Government Association has called for the introduction of a permanent but locally led pavement licensing regime.
May 05, 2022

Government decides not to appeal High Court ruling on discharging patients to care homes during start of pandemic

The Government has chosen not to appeal last week's High Court ruling that found its policy at the start of the pandemic to discharge patients to care homes without Covid-19 testing was unlawful.
May 04, 2022

Cabinet Office awards Burges Salmon £9.8m contract for legal services for Covid-19 Public Inquiry

The Cabinet Office has appointed law firm Burges Salmon to a £9.8m contract to provide legal services for the Public Inquiry into Covid-19.
May 03, 2022

Leading claimant law firm to explore whether legal claims can be brought after High Court ruling on discharge of patients into care homes

Leigh Day has said it is looking into potential claims on behalf of families following last week’s High Court ruling that government policy issued in the early stages of the pandemic which let patients be discharged from hospitals to care homes without…
April 29, 2022

Council to pay £8,000 to family of vulnerable boy left without education for 14 months, as Ombudsman alleges lack of understanding of legal obligations

A Local Government and Social Care Ombudsman investigation has found Cambridgeshire County Council at fault after a vulnerable boy was left without education for 14 months.
April 29, 2022

Government data reveals sharp rise in no-fault evictions

The number of households threatened with homelessness due to service of a Section 21 notice to end an Assured Shorthold Tenancy was 168.4% higher between October and December 2021 when compared with the same quarter last year, according to the latest data…
April 27, 2022

Covid guidance on discharge of hospital patients to care homes in early stage of pandemic unlawful, High Court rules

Government policy issued in the early stages of the pandemic which let patients be discharged from hospitals to care homes without Covid-19 testing was unlawful, the High Court has ruled.
April 27, 2022

Government to set up Public Sector Fraud Authority amid concerns at abuse of Covid support schemes

The Government will launch a £25m ‘Public Sector Fraud Authority’ in July in a bid to recover money stolen from Covid support schemes and spot suspicious companies and people seeking Government contracts.
April 25, 2022

Legal challenge sees decision to close hospital over staffing issues quashed

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.
April 22, 2022

Administrative courts move to in person hearings as general default position

With effect from 26 April 2022, the general default position in the Administrative Court in Wales and on the Midland, Northern, North-Eastern and Western Circuits will be that hearings will be in person, liaison judges have said.
April 20, 2022

Ombudsman criticises council after child left without suitable educational provision for 14 months

An investigation by the Local Government and Social Care Ombudsman has seen Southend-on-Sea City Council agree to pay £9,000 to the mother of a child who was left without suitable schooling for more than a year.
April 19, 2022

Cafcass sees fall in new public law children’s cases in 2021/22 but number of open active children’s cases overall remains 17.6% higher than at start of pandemic

Cafcass saw a 6.2% reduction in public law children’s cases between April 2021 and March 2022 compared to its previous financial year, it has emerged.
April 06, 2022

Court of Appeal rejects public sector equality duty challenge to introduction of low traffic neighbourhoods by London council

The London Borough of Lambeth lawfully discharged the public sector equality duty when it made three experimental traffic orders (ETOs) for low traffic neighbourhoods, the Court of Appeal has ruled.
April 06, 2022

Average time for care or supervision cases to reach first disposal up six weeks in 2021, government data reveals

The average time for a care or supervision case to reach first disposal throughout 2021 was 45 weeks, up 6 weeks from 2020, according to data published by the Ministry of Justice.
April 04, 2022

Man jailed for fraudulent attempt to claim £25k Covid grant

A Neath man received custodial sentences totalling 24 months at Swansea Crown Court last week, in connection with a fraudulent attempt to claim a £25,000 Covid grant aimed at helping businesses stay afloat during lockdown.
March 25, 2022

Council defeats appeal over revocation of premises licence for breach of coronavirus regulations

Stockton Borough Council has successfully defended a decision of its licensing sub-committee to revoke the licence of a premises for contravention of coronavirus regulations.
March 18, 2022

Parliament was not given enough of a say on Coronavirus Act, MPs conclude

The cross-party Public Administration and Constitutional Affairs Committee has expressed "concerns" over Parliament's inability to properly scrutinise and amend emergency provisions in the Coronavirus Act 2020 over the last two years.
March 11, 2022

Mayor of Greater Manchester defeats High Court challenge over bus franchising and impact of pandemic

Two bus operators have lost a High Court challenge to the decision by Andy Burnham, elected mayor of Greater Manchester, to proceed with bus franchising.
March 03, 2022

Government extends operation of 30 ‘Nightingale Courts’ but closes a further 22

Thirty of the so-called ‘Nightingale Courts’ set up during the pandemic are to be extended but 22 will be closed, the Ministry of Justice has announced.
February 24, 2022

Covid put huge pressure on councils with complaints-handling in some authorities becoming “a casualty of the crisis”: Ombudsman

The Covid-19 pandemic placed unprecedented pressure on councils and care providers, and “ in some authorities, dealing with public concerns and complaints itself became a casualty of the crisis”, a special report from the Local Government and Social Care…
February 23, 2022

Local government groups issue model motion for councils to show support for choice to hold remote and hybrid meetings

Five local government organisations including the Association of Democratic Services Officers (ADSO) and Lawyers in Local Government (LLG) have asked councils to consider passing a motion and writing to the Secretary of State for Levelling Up, Housing and…
February 22, 2022

Council agrees to pay complainant £10k after Ombudsman investigation into refusal of Small Business Grant

Croydon Council has agreed to pay £10,000 after a Local Government and Social Care Ombudsman investigation into the local authority’s decision to refuse a Small Business Grant (SBG).
February 16, 2022

Health Secretary breached public sector equality duty when making senior appointments during pandemic, Divisional Court rules

The Government did not comply with the public sector equality duty when appointing two senior officials to roles as part of its response to the pandemic, the Divisional Court has found.

  MORE FEATURES

February 11, 2022

CCGs, Covid vaccinations and best interests disputes

The Court of Protection has confirmed again that clinical commissioning groups (CCGs) must act with urgency to resolve best interests disputes on Covid-19 vaccinations, write Leah Selkirk and Ellie Maudsley.
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February 10, 2022

Vice President of Court of Protection publishes guidance on judicial visits to 'P'

The Vice President of the Court of Protection has issued short practical guidance containing suggestions as to how the Court and practitioners “might ensure that meetings between the Judge and P, during proceedings, are conducted most effectively and enhance the participation of P”.
January 28, 2022

The Covid-19 inquiry is coming

What does the Covid-19 inquiry mean for local authorities? Olivia Carter and David Owens explain.
December 10, 2021

FOI under attack

Last week, a government minister called the Freedom of Information Act (FOI) a “truly malign piece of legislation”. Ibrahim Hasan looks at what the comments tell us.
November 26, 2021

The Commercial Rent (Coronavirus) Bill: moratorium on enforcement

In the second of three articles on the Commercial Rent (Coronavirus) Bill and the new Code of Practice, Edward Blakeney and Mattie Green look at the moratorium on certain remedies and insolvency arrangements.
November 19, 2021

Work sheds and CIL

One strong trend as a result of Covid has been the increase in the number of structures built in gardens to facilitate working from home. Many of the householders will not have considered the CIL (Community Infrastructure Levy) consequences of carrying through such a project, writes Christopher Cant.
November 09, 2021

Looked after children and Covid-19 vaccination

Josie Canham-Williams summarises the first case to address the administration of the Covid-19 vaccination for 12-15 year olds and the winter flu vaccination for children in school years 7 to 11.
October 29, 2021

Pandemic related protected disclosures claims

The first Employment Tribunal decision in a pandemic-related protected disclosures claim has just been issued. Debra Gers looks at the lessons for employers from the ruling.
October 15, 2021

Recovering commercial rent during the pandemic

Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.
October 08, 2021

Low traffic neighbourhoods

Philippa Jackson analyses the latest rulings in relation to low traffic neighbourhoods and what they mean for future legal challenges.
October 08, 2021

What now for public sector office buildings?

With the move to working from home, what will become of public sector office buildings? Amy Entwistle looks at the position in Scotland.
October 04, 2021

Possession – more change in England

From the beginning of this month, there has been yet more change on the possession front. Suzanne Gregson examines the latest position.
September 24, 2021

Vaccinating 12 to 15 year olds

Stephanie McGarry and Alistair Taylor consider the Government’s updated guidance on Covid-19 vaccination of 12 to 15 year olds.
September 17, 2021

Social care funding: rapid response note

Fenella Morris QC, Sian Davies and Arianna Kelly analyse the Government's proposals for social care funding reform and look at the key issues for local authorities.
September 17, 2021

The Court of Protection and “the most complex Covid patient in the world”

Alex Ruck Keene looks at the latest ruling by the Vice President of the Court of Protection on the withdrawal of treatment in a COVID context.
September 03, 2021

Staying away from work because of Covid: a trap for employers?

Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.
August 27, 2021

Long COVID: What is it and how should employers deal with it?

Andrew Rayment, Laura McLellan and Kendel Shepherd look at the issues created by Long Covid and set out some practical steps for employers.
August 27, 2021

Commercial leases and unpaid rent

Are we turning a corner? Priya Sejpal examines the Government Policy Statement on COVID-19 enforcement and rent recovery restrictions for commercial leases.
August 13, 2021

Local authority leisure provision in a time of Covid

Craig Elder looks at the lessons for local authorities in relation to leisure provision during the pandemic and considers the way forward.
August 05, 2021

Possession proceedings and evictions: recent changes

Helen Tucker analyses the latest developments in relation to possession proceedings and evictions.
July 16, 2021

The housing possessions backlog and Nightingale Courts: a simple solution?

Natalie Foster explores the potential role of ‘Nightingale Courts’ and extended operating hours in unclogging the housing possessions backlog – and ensuring that the wheels of justice keep turning.
July 02, 2021

Can mediation solve the housing possessions backlog?

The freeze on possession hearings is finally starting to thaw – but how will the courts cope with the huge backlog of cases? Will mediation, online hearings, or a dedicated housing tribunal make a difference? In the first of a series of articles from 42BR Housing, looking at the potential solutions, Catherine Urquhart analyses the mediation pilot scheme.
June 18, 2021

Best interests and Covid-19 vaccination in the Court of Protection

The Court of Protection recently ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab. Rebecca Handcock and Hilton Harrop-Griffiths analyse the ruling.
April 29, 2021

Council meetings beyond 7 May 2021

What does the Divisional Court's ruling mean for local government? David Kitson, Victoria Barman and Mark Robinson look at what happens next.
April 23, 2021

Elections in the time of Covid-19

Rupert Beloff sets out some important considerations for Returning Officers and other election administrators as they look ahead to May's elections.
April 23, 2021

How to tackle urbexing

Lyn Crawford looks at what property owners, developers and contractors can do about "urbexing".
April 14, 2021

Remote meetings and the importance of ‘local choice’

The imminent High Court hearing over the ability of councils in England to continue to hold remote meetings after 6 May is about ensuring local choice, the leaders of the two organisations behind the legal proceedings tell Local Government Lawyer.
April 09, 2021

Vulnerable persons - participation and evidence in family proceedings

The following Family practice note from LexisNexis provides comprehensive and up to date legal information covering the participation of vulnerable people and evidence in family proceedings.
April 07, 2021

Dealing with Hoarding during the Coronavirus crisis

There has been some focus on the effects of anti-social behaviour upon neighbours but what about cases such as hoarding where the main person affected is the hoarder themselves and the property? Anna Bennett looks at the options.
April 07, 2021

Too much, too soon

A High Court judge recently allowed an appeal against a decision of a Circuit Judge to dismiss a claim that an asylum seeker who had been accommodated by a local authority under the “Everyone In” scheme did not have an arguable case that he had been granted a secure tenancy. Justin Bates explains why.
March 26, 2021

Procurement obligations and Covid

What do the Westminster and Good Law Project cases tell us about the courts’ attitude to procurement post-Covid? Léonie Cowen explains.
March 26, 2021

Vaccination – looking at all the relevant circumstances

Alex Ruck Keene analyses a Court of Protection ruling on whether a 31-year-old man with a learning disability should be vaccinated against Covid-19.
March 15, 2021

The LLG Grapevine 15th March

Deborah Evans, Dennis Hall and Helen McGrath from LLG discuss devolution, Judicial Review, GDPR, The CfGS's Governance Risk & Resilience Framework, gender equality, flexible working, Rule of Law and Test and Trace.
March 09, 2021

Hugh James' NPS Framework Fortnight: Lot 3 - Civil Litigation - Housing Management

Rebecca Rees gives ten tips for handling disrepair claims and Bethan Gladwyn provides an overview of the current rules and practice for possession claims.
March 08, 2021

Planning and the way out of lockdown for leisure, hospitality and attractions

Richard Harwood OBE QC looks at the Local Government Secretary's recent comments on Covid planning and pavement licensing measures for the hospitality and leisure industry, and propooses some other changes that would help.
March 08, 2021

Covid testing in schools and data protection

Neil Murphy examines the data protection issues that arise with the return to school and the prospect of on-site tests for Covid.
March 05, 2021

Late publication of contracts

David Mitchell examines a recent ruling that the late publication of coronavirus contracts by the Department of Health and Social Care was unlawful.
March 02, 2021

The pitfalls of relying on s21 during the pandemic

Master Dagnall recently gave judgment in a case which considered several issues regarding the pandemic and possession proceedings which are worthy of note as the stay on evictions has again been extended, writes Jane Talbot.
March 01, 2021

The LLG Grapevine 1st March

This week Deborah Evans, Dennis Hall and Helen McGrath discuss Covid Procurement Transparency, Local Authority Pension Investment, Emergency Legislation during Covid, Working Time and being 'On Call', News from Wales, Schools, Fly-tipping and Dismissal for Not Wearing a Face Mask.
February 26, 2021

Health and Care White Paper: opportunities for local authorities

Kirtpal Kaur Aujla considers what the Government's Health White Paper means for local authorities.
February 19, 2021

Extended halt on evictions (again, again): exemption applications; warrants and extensions

Amy Kelly considers the latest extension of the prohibition on enforcement of some possession orders in England and Wales.
February 19, 2021

The COVID-19 vaccine and employees

Can employers require employees to be vaccinated? Joanne Bell and Louise Bloomfield consider some o the legal issues.
February 12, 2021

Covid-19 and Specific Changes in Law

Amy Callahan-Page sets out the key points from a recent High Court ruling on risk allocation between a council and a leisure centre operator.
February 12, 2021

Closing gyms during lockdown

Sarah Clover recently supported a city council in closing down a gym which opened persistently in contravention of Coronavirus Regulations and the lockdown restrictions. She explains what this involved.
February 12, 2021

The Covid-19 vaccine and capacity

A senior judge recently ruled that it was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son. Jennifer Swan analyses the judgment.
February 05, 2021

Community Treatment Orders: does seeing patients remotely suffice?

Jonathan Auburn and Lucy McCann assess whether decision-making as to community treatment orders requires physical attendance.
February 05, 2021

Challenging the Streetspace Plan

The High Court recently quashed the Mayor of London's Streetspace Plan and TfL’s Bishopsgate Traffic Management Order. David Matthias QC and Charles Streeten explain why the black cab drivers succeeded.
January 29, 2021

Coronavirus (COVID-19) - Governance Tracker

This tracker from LexisNexis Local Government intended to be used to track the most recent key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) local authority governance, where relevant to local government lawyers.
January 29, 2021

Leisure centre losses during the pandemic

Louis Sebastian analyses a High Court dispute between a council and a leisure centre provider over where losses arising from closure of facilities during the current coronavirus pandemic fall.
January 20, 2021

The Office: District Judge rules on Covid-19 Summary Review

An experienced district judge has issued the first fully reasoned judgment on a Covid-19 summary review. Gary Grant analyses the ruling.
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