Local Government Lawyer


Local Government Lawyer

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Establishing relevant defects under
the Building Safety Act

 

 

 

 

 

 

 

 

 

The First Tier Tribunal has provided helpful clarity on what amounts to a
“relevant defect” for the purposes of Remediation Orders and Remediation
Contribution Orders under the Building Safety Act 2022, writes Sarah Grant.

Establishing relevant defects under
the Building Safety Act

 

 

 

 

The First Tier Tribunal has provided helpful clarity on what
amounts to a “relevant defect” for the purposes of
Remediation Orders and Remediation Contribution
under the Building Safety Act 2022, writes Sarah Grant.

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The Employment Rights Act 2025:
What Public Sector Employers Need to Know

 

 

 

 

 

 

 

 

Many of the changes in the Employment Rights Act 2025 will have a significant
operational and financial impact on public sector employers, particularly
local authorities and schools, where large workforces, high levels of unionisation
and public accountability increase exposure to risk.

The Employment Rights Act 2025:
What Public Sector Employers Need to Know

 

 

 

Many of the changes in the Employment Rights Act 2025 will
have a significant operational and financial impact on public
sector employers, particularly local authorities and schools,
where large workforces, high levels of unionisation and
public accountability increase exposure to risk.

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The Practical impact of the Procurement Act 2023
– the challenges, the benefits and the legal lacunas

 

 

 

 

 

 

 

 

In the second of three articles for Local Government Lawyer on the Procurement
Act 2023 one year after it went live, Katherine Calder and Victoria Fletcher from
DAC Beachcroft consider some of its practical impact and implications, including
how to choose the right regime, how authorities are tackling the notice requirements,
considerations when making modifications, and setting and monitoring KPIs.

The Practical impact of the Procurement
Act 2023 – the challenges, the benefits
and the legal lacunas

 

 

 

 

Katherine Calder and Victoria Fletcher from DAC Beachcroft
consider some of its practical impact and implications,
including how to choose the right regime, how authorities
are tackling the notice requirements, considerations when
making modifications, and setting and monitoring KPIs.

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Weekly mandatory food
waste collections

 

 

 

 

 

 

 

 


What are the new rules on food waste collections and why are
councils set to miss the March deadline? Ashfords’ energy
and resource management team explain.

Weekly mandatory food
waste collections

 

 

 

 


What are the new rules on food waste collections and why are
councils set to miss the March deadline? Ashfords’ energy
and resource management team explain.

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The Procurement Act 2023: One Year On -
How procurement processes are evolving

 

 

 

 

 

 

 

 

 

Katherine Calder and Sarah Foster of DAC Beachcroft focus on
changes to procurement design at selection and tender stage in
three key areas of change that the Act introduced.

The Procurement Act 2023: One Year On -
How procurement processes are evolving

 

 

 

 

 

Katherine Calder and Sarah Foster of DAC Beachcroft focus on
changes to procurement design at selection and tender stage in
three key areas of change that the Act introduced.
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Service charge recovery
and the Building Safety Act 2022

 

 

 

 

Zoe McGovern, Sian Gibbon and Caroline Frampton set out
what local authorities need to consider when it comes to
the Building Safety Act 2022 and service charge recovery.

Service charge recovery
and the Building Safety Act 2022

 

 

 

 

 

 

 

 

Zoe McGovern, Sian Gibbon and Caroline Frampton set out
what local authorities need to consider when it comes to
the Building Safety Act 2022 and service charge recovery.

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Fix it fast: How “Awaab’s Law”
is forcing action

Eleanor Jones sets out
what "Awaab's Law"
will mean in practice
for social landlords.

Fix it fast: How “Awaab’s Law”
is forcing action

Eleanor Jones sets out
what "Awaab's Law"
will mean in practice
for social landlords.

Assets of Community Value – a sporting revolution

Proposed reforms to the Assets of Community Value regime, particularly in respect of sports grounds, are important for local authorities to understand, writes Sadie Pitman.
April 17, 2026
Assets of Community Value – a sporting revolution

A new generation of development corporations

In the first in a series of articles, Thomas Horner looks at the role development corporations could play in delivering the new towns agenda.
April 17, 2026
A new generation of development corporations

Titchfield Festival Theatre - the new chapter. Or not, as it happens

The Court of Appeal recently clarified how s.57(4) of the Town and Country Planning Act 1990 applies when an enforcement notice is issued but planning permission is not required for some of the land concerned to revert to its lawful use immediately before an alleged breach.…
April 17, 2026
Titchfield Festival Theatre - the new chapter. Or not, as it happens

Housing offences and increased penalties

David Smith looks at whether the Sentencing Council’s proposed sentencing guidelines for offences related to housing will change local authorities’ approach to enforcement.
April 17, 2026
Housing offences and increased penalties

Permission for Take Off: £205m Cardiff Airport Subsidy Authorised by the CAT

This week saw the Competition Appeal Tribunal (“CAT”) hand down judgment in the case of Bristol Airport Limited v Welsh Ministers [2026] CAT 30. It’s a subsidy control case of particular interest, as it is the first to interrogate the level of detail required from the assessment…
April 16, 2026
Permission for Take Off: £205m Cardiff Airport Subsidy Authorised by the CAT

New Regulations for the Use of AI in Court Documents?

Fred Groves and Christopher Watkins provide insight into growing judicial concern about accuracy, professional responsibility and the efficient administration of justice in the face of Artificial Intelligence.
April 16, 2026
New Regulations for the Use of AI in Court Documents?

Children law update - Easter 2026

Michael Jones KC analyses the latest public law children cases of interest to practitioners.
April 15, 2026
Children law update - Easter 2026

Officer reports and decisions to close care homes

The Court of Appeal has confirmed the lawfulness of Kirklees Council’s decision to sell two adult care homes to a private provider. Peter…
Apr 15, 2026
Officer reports and decisions to close care homes

Ordinary residence - Worcestershire revisited?

Peggy Etiebet and Lee Parkhill analyse the amendments to section 117(3) of the Mental Health Act 1983 by the Mental Health Act 2025.
Apr 15, 2026
Ordinary residence - Worcestershire revisited?

Good practice in post-adoption contact

A Family Court judge has provided key guidance on post-adoption contact. Natalie Oakes sets out the main points from the ruling.
Apr 15, 2026
Good practice in post-adoption contact

The neighbourhood health framework

James Arrowsmith makes some initial observations for social care providers on the neighbourhood health framework.
Apr 15, 2026
The neighbourhood health framework

Public money and double recovery

The Administrative Court recently quashed a decision by a council to refuse to fund a disabled adult’s care needs and to seek repayment of…
Apr 14, 2026
Public money and double recovery

The new Housing Streamlined Route

Alexander Rose and Kanyinsola Lawal explain how public authorities can make use of the new 'Streamlined Route' for housing and assess…
Apr 14, 2026
The new Housing Streamlined Route

Planning committees and delegation

The government’s proposed reforms to planning committees and delegation could herald a new councillor–officer dynamic, writes Nagla Stevens.
Apr 09, 2026
Planning committees and delegation

Injunctions to restrain breaches of planning control

Mark O’Brien O’Reilly reports on a council’s successful application for a final injunction with both mandatory and restraining elements…
Apr 09, 2026
Injunctions to restrain breaches of planning control

Who bears the burden?

The High Court has confirmed the law on proving whether advertising consent has been obtained. Chris Jeyes considers the judgment.
Apr 08, 2026
Who bears the burden?

Lawfulness and applications for a CLEUD

The High Court has confirmed that lawfulness is to be determined as at the date of the application for a CLEUD. Jonathan Welch analyses the…
Apr 08, 2026
Lawfulness and applications for a CLEUD

The Cardiff Airport subsidy control ruling

The UK’s first aviation Subsidy Control case has been decided in favour of the Welsh Government. Alexander Rose considers the key elements…
Apr 08, 2026
The Cardiff Airport subsidy control ruling

Greyhound racing and the separation of powers

A recent judgment from the Administrative Court in Wales contains several points of interest for constitutional and public law…
Apr 07, 2026
Greyhound racing and the separation of powers

Dispensing with notice to father

It is vital that those representing local authorities or vulnerable parents understand the evidentiary threshold and procedural safeguards…
Apr 02, 2026
Dispensing with notice to father

Court of Protection case update April 2026

Lamis Fahad and Caitlin Smithey round up the latest Court of Protection judgments of interest to practitioners.
Apr 02, 2026
Court of Protection case update April 2026

Mar 31, 2026

Defective but not fatal

Craig Leigh looks at the Court of Appeal case of Duffy v Birmingham City Council, which involved an underlying housing conditions claim,…
Mar 26, 2026

The role of the backbench councillor

Backbench councillors in local authorities with a Leader/Cabinet model are often regarded as having little or no power to influence or take…
Mar 18, 2026

The powers of exclusion panels

On 5 March 2026, the High Court gave judgment in a case concerning two permanent exclusions. The judgment provides detailed consideration…
Mar 18, 2026

Removal from kinship care

A Family Court judge recently decided that a local authority’s removal of a six-year-old boy from his aunt’s care was wrongful. Eleanor…
Mar 13, 2026

Adoption vs long-term fostering

The Court of Appeal has dismissed an appeal by a local authority over a judge’s decision to refuse to make a placement order at the…
Mar 13, 2026

Care leavers and redaction of records

Is redaction of records necessary for privacy, or a cause of harm and frustration? Peter Garsden of the Access to Care Records Campaign…
Mar 13, 2026

Planning appeals and costs awards

Christopher Moss covers a recent judgment in which the Court of Appeal considered whether a Local Planning Authority had behaved…
Mar 12, 2026

The latest Sizewell C JR

The Court of Appeal recently refused permission to appeal in the latest Sizewell C judicial review, with the application certified as being…
Mar 06, 2026

Disclosure to the DBS

The High Court recently ordered a local authority to disclose to the Disclosure and Barring Service (DBS) findings made by the Family Court…

Research commissioned by London Councils, the London Housing Directors’ Group and the Society of London Treasurers has revealed that London boroughs are now spending the equivalent of 11% of every household’s council tax bill on temporary accommodation alone.

The research, published this week (13 October), found that eight London boroughs spent a combined £543m on temporary accommodation in 2024/25.

However, the amount national government reimburses councils’ temporary accommodation spend has been frozen for 14 years.  

London Councils said: “Consequently, only a portion of the £543m spent was offset by the government’s housing benefit subsidy and other dedicated funding streams – leaving a shortfall of £223m, which had to be met from boroughs’ already stretched budgets.”

The report warned that that if this pattern holds across all boroughs, the citywide annual shortfall will exceed £740m.

Local authorities have a legal duty to provide temporary accommodation to homeless households qualifying for support under housing law.

London Councils noted: “The widening gap in boroughs’ spending on temporary accommodation and the funding it receives from government is further compounded by rising costs in London’s private rented sector, where the majority of temporary accommodation must be sourced.”

Meanwhile, the research found that two-thirds of Londoners living in temporary accommodation are families with dependent children – many of whom are placed in poor-quality, overcrowded homes, often far from their schools and support networks. 

In light of its findings, London Councils made the following recommendations for Government:

  • Increase Housing Benefit support for temporary accommodation - "The housing benefit subsidy for temporary accommodation has been frozen since 2011 whilst rental costs have risen significantly, representing a direct cost shunt from the DWP to council taxpayers. Raising the subsidy to match current Local Housing Allowance (LHA) rates would bring much-needed funding into councils and help close the growing gap between income and expenditure."
  • Boost Local Housing Allowance rates across the board - "LHA rates also need to increase more widely to reflect the true cost of private rents. Too many low-income Londoners are struggling to find homes within LHA limits, putting them at risk of homelessness and adding pressure to temporary accommodation services."
  • Provide capital funding for councils to build or buy homes - "Instead of paying unsustainable amounts to private landlords, government should invest in council-led housing. Giving boroughs capital funding to build or acquire properties would improve both the quality and value of temporary accommodation – and help meet long-term housing needs."

Cllr Grace Williams, London Councils’ Executive Member for Housing and Regeneration, said: “Boroughs are doing everything they can to support homeless families, but the system is buckling under the strain. The housing benefit system has failed to keep pace with reality – and councils are paying the price. We urgently need government to step in with emergency funding and long-term reform to prevent more families falling into homelessness and more councils facing financial collapse.” 

Last month, Local Government Lawyer published the findings of research into the temporary housing crisis, in association with law firm Devonshires and the Temporary Accommodation Network. 

The research, based on a survey of housing lawyers and other housing professionals, examines the extent of the problem, analyses the factors behind it and outlines a number of solutions currently being deployed in different parts of the country. To access the report, please click here.

Homelessness Minister Alison McGovern said: “You can’t have a decent life without a decent home. Whether it’s rough sleeping or sofa surfing or, at its worst, children stuck in B&Bs, homelessness in the UK has been too high for too long.

“This has to stop. Through our Plan for Change, the UK will build homes and get help to those who need it to put a roof over their head.

“We’re providing extra cash now to address a crisis made over the past decade.  Both the government’s £39bn to build social and affordable homes and the Child Poverty Strategy to come will tackle the root causes of this problem, but we need action now to stop homelessness getting any worse.”

Lottie Winson

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Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.

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