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Local Government Lawyer News

One Source Dec 19 Deputy Director

Tower Hamlets Dec 19 Updated 600

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  LATEST HEADLINES

December 11, 2019

Supreme Court allows appeals by land-owning public bodies in dispute over statutory incompatibility and village green registration

The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.
December 11, 2019

Court of Appeal dismisses appeal by council over bid to include cost of supervising driver conduct in fees for taxi and PHV vehicle licences

The Court of Appeal has dismissed a council’s appeal over whether it acted unlawfully when it resolved to fix the fees for vehicle licences for taxis and private hire vehicles at an amount which included recovery of all or part of the cost of supervising the conduct of drivers licensed to drive…
December 11, 2019

Midlands housing group to set up £7.5m legal services framework

Midland Heart has begun the procurement of a legal services framework worth an estimated £7.5m.
Dec 10, 2019

Borough council sees off statutory challenges to adoption of Local Plan

A Planning Court judge has rejected s.113 statutory challenges brought by two parish councils and a local resident against Guildford Borough Council’s adoption of its Local Plan.
Dec 10, 2019

High Court to hear argument on lawfulness of short form and visual age assessments

A High Court judge will today (10 November) consider the lawfulness of short form and visual age assessments in a case brought by the Refugee Council on behalf of the claimant.
Dec 10, 2019

High Court gives green light to legal challenge over planning permission for development next to Royal Military Canal

A High Court judge has granted campaigners permission to bring a judicial review challenge over Folkestone and Hythe District Council’s (FHDC’s) decision to grant planning permission for development on land adjacent to the Royal Military Canal.
Dec 10, 2019

Council fined £500k after first prosecution by CQC over failure to provide safe care

Derbyshire County Council has been fined £500,000 following the first prosecution that the Care Quality Commission has brought against a local authority since the watchdog was given powers to prosecute health and social care providers for failing to provide safe care and treatment in 2015.
Dec 09, 2019

Council defeats appeal by taxi driver over revocation of licence

Guildford Borough Council has successfully defended in the Magistrates’ Court its decision to revoke the licence of a hackney carriage driver.
Dec 09, 2019

Former council worker sentenced for unlawfully obtaining personal data

A former social services support officer at Dorset County Council has been prosecuted for accessing social care records without authorisation.
Dec 09, 2019

Welsh Government consults on amending primary legislation to enable changes to executive governance arrangements of principal councils

The Welsh Government has launched a consultation which proposes amendments to provisions in the Local Government Act 2000 and the Local Government (Wales) Measure 2011 which enable changes to the executive governance arrangements of principal councils.
Dec 09, 2019

Supreme Court to hear appeal over arrangements by housing association to allocate properties only to members of religious community

The Supreme Court has agreed to hear an appeal over whether a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.
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Dec 09, 2019

Charlie Adan appointed interim chief executive at city council

Charlie Adan, one of the most high-profile legally-qualified chief executives in local government, has been appointed interim chief executive at Sheffield City Council.
Dec 09, 2019

University to set up £1m four-year legal services framework

The University of Reading is to appoint law firms to a legal services framework worth an estimated £1m over four years.
Dec 06, 2019

Council directly discriminated against couple with Sikh Indian heritage in provision of adoption services, judge rules

The Royal Borough of Windsor & Maidenhead and Adopt Berkshire directly discriminated against a couple of Sikh Indian heritage in the provision of adoption services, on the grounds of race, a County Court judge has ruled.
Dec 06, 2019

Dispute over empty properties and £10m+ in business rates to go to Supreme Court

The Supreme Court has agreed to hear a dispute over empty commercial properties and whether councils are owed more than £10m in business rates arrears.
Dec 06, 2019

Lawyers in Local Government agrees corporate partner deals with two more law firms

Law firms Shoosmiths and Wilkin Chapman have agreed to become corporate partners of Lawyers in Local Government (LLG).
Dec 05, 2019

Council fined £1.4m after child suffers life-changing head injury in “easily preventable” incident

Hampshire County Council has been fined £1.4m after a six-year-old girl playing on an unsecured street bollard suffered a life-changing head injury.
Dec 05, 2019

Trafficked woman loses judicial review challenge amid age assessment confusion

A trafficked Vietnamese woman has lost a judicial review against two councils over her age assessment, though the judge involved criticised both authorities for failing to resolve the matter earlier.
Dec 05, 2019

School launches legal proceedings after receiving 'inadequate' rating from Ofsted

A school in Trafford has issued a legal challenge to regulator Ofsted in a bid to overturn being rated as ‘inadequate’.
Dec 05, 2019

Supreme Court to hand down key ruling next week on village greens and land held by public bodies pursuant to statutory powers

The Supreme Court will next week (11 December) hand down a key judgment on village green registration where publically accessible land is held by public authorities pursuant to statutory powers.
Dec 05, 2019

Working group makes 22 recommendations to tackle shortage of medical experts prepared to work with family courts

A working group seeking solutions to the dearth of medical experts willing to work in the family courts has made 22 recommendations for change including a simpler process for payment and allowing courts work to be part of employment contracts.
Dec 05, 2019

Council forced to apply for retrospective planning permission for ground source heat pumps after thinking it was unnecessary

Northumberland County Council has had to grant itself retrospective planning permission for three ground source heat pump arrays after realising that it had gone ahead in the mistaken belief that permission was not needed.
Dec 04, 2019

ICO consults on new draft guidance on Subject Access Requests under GDPR

The Information Commissioner has launched a consultation on new draft guidance for organisations on how to handle Subject Access Requests (SARs) under the GDPR.
Dec 04, 2019

Court of Appeal rules as "academic" proceedings on discretionary housing payments and contributions

The Court of Appeal had dismissed as academic a case brought against the London Borough of Islington over its discretionary housing payments (DHP) policy and a requirement for a claimant to make a contribution to a shortfall in rent.
Dec 04, 2019

Thirteen barristers to join family law team at Parklane Plowden Chambers

A group of 13 barristers specialising in family law are to move next year to Parklane Plowden Chambers.
Dec 04, 2019

ICO regulatory enforcement lawyer moves to St John’s Buildings

A regulatory enforcement lawyer at the Information Commissioner’s Office, Aaminah Khan, has joined St John’s Buildings.
Dec 04, 2019

Council obtains injunction to secure affordable housing provision on development site

Shropshire Council has obtained an injunction to secure affordable housing provision on a housing development site, it has been reported.
Dec 04, 2019

Borough council secures guilty pleas for plying for hire during Cheltenham Festival

Cheltenham Borough Council has successfully prosecuted five drivers for unlawfully plying for hire during Cheltenham Festival 2019.
Dec 03, 2019

Local government scrutiny is ‘poor Cinderella’ compared to executive function: CfPS

Fewer than a third of 432 scrutiny officers and councillors who responded to a survey by the Centre for Public Scrutiny (CfPS) agree that there is “parity of esteem between the executive and scrutiny”.
Dec 03, 2019

Local authority defeats High Court statutory challenge over traffic regulation order

Cumbria County Council has defeated a statutory challenge to a traffic regulation order (“TRO”) made in respect of an unadopted highway in Carlisle city centre.
Dec 03, 2019

Court of Appeal rejects challenge to environmental permit for waste incineration plant over error in supporting information

The Court of Appeal last month rejected a claim that an environmental permit granted by the Environment Agency for a waste incineration plant was vitiated by an error made in the permit application.
Dec 03, 2019

Kings Chambers barrister secures three CPO confirmations for council at public inquiry

Piers Riley-Smith of Kings Chambers has recently secured confirmation of three compulsory purchase orders (CPOs) for City of Bradford Metropolitan District Council, all at public inquiry.
Dec 02, 2019

Campaigners secure funds for potential judicial review of new Bedford to Cambridge rail route

A campaign group has said it has successfully raised sufficient funds to pursue a judicial review against East West Rail (EWR) should a route announcement for the new Bedford to Cambridge rail line be by way of Bassingbourn or neighbouring villages.
Dec 02, 2019

Information Commissioner consults on draft guidance for explaining use of AI in decision-making about individuals

The Information Commissioner’s Office has launched a consultation on new draft guidance for organisations using, or thinking about using, artificial intelligence (AI) to support or make decisions about individuals.
Dec 02, 2019

Councils and housing associations "face multi-million pound refunds to tenants" after water re-selling test case in High Court

Local authorities and housing associations could face having to refund millions of pounds to tenants after a council lost a test case in the High Court on water re-selling, it has been claimed.
Dec 02, 2019

Council secures £400k+ confiscation order against landlord over house in multiple occupation with 15 tenants

Joint action by Hillingdon Council’s planning enforcement and trading standards teams has seen a Hayes landlord ordered to pay more than £430,000 after she turned her property into an illegal House in Multiple Occupation (HMO).
Dec 02, 2019

Browne Jacobson chooses leading member of government sector group as new managing partner

National law firm Browne Jacobson has elected corporate partner Richard Medd as its new managing partner with effect from 1 May 2020 for a three year term.
Dec 02, 2019

Welsh council defeats appeal by dog breeder over refusal to renew licence

A Welsh council has successfully defended its decision not to renew a dog breeder’s licence over breaches of conditions identified during unannounced inspections.
Nov 29, 2019

Council submits £130m claims in High Court bid to recover costs under housing estate maintenance PFI

Camden Council has submitted claims to the High Court to recover costs from the contractor PFIC (Partners for Improvement in Camden) and its principal subcontractors, who previously had responsibility for refurbishment and maintenance of the Chalcots Estate, under a private finance initiative…
Nov 29, 2019

Court of Appeal hands down key ruling on nature of 'secure accommodation'

Premises used to accommodate a 15-year-old girl became "secure accommodation" within the meaning of s.25(1) of the Children Act 1989, even though they were not designed as such, because of the use to which they were put in her case, the Court of Appeal has ruled.
Nov 28, 2019

Senior judge rules on extent of anonymisation of two public law children judgments

Lord Justice Baker has given permission for two judgments he made in the Family Court to be published in full, except for identification of the child involved, following the end of criminal proceedings against the parents.
Nov 28, 2019

Council takes battle over licensing fees for private hire vehicles and taxis to Court of Appeal

The Court of Appeal has this week heard an appeal by Wakefield City Council over the High Court’s decision to quash the authority’s decision fixing licensing fees for private hire vehicles and taxis.
Nov 28, 2019

Former Deputy Head of Legal at Blackpool joins Forbes Solicitors as Senior Associate

The former acting Head of Legal and Deputy Head of Legal (Regeneration and Governance) at Blackpool Borough Council, Gemma Duxbury, has joined Forbes Solicitors as a Senior Associate.
Nov 28, 2019

London borough defeats housebuilders in dispute over adoption of roads

A district judge has ruled that two roads are of so little use to the public that the London Borough of Barnet need not adopt them.
Nov 28, 2019

Met Police agrees to delete information after referral of primary school age child under Prevent programme

The Metropolitan Police has agreed to delete information relating to a referral of a primary school age child under the government’s Prevent programme, and other referring authorities have also agreed to correct and delete the relevant records.
Nov 28, 2019

Resident fails in Court of Appeal challenge to anti-social behaviour injunction

A resident of a housing association in London has failed in a Court of Appeal challenge over an injunction restraining him from committing anti-social behaviour.
Nov 27, 2019

Just for Kids Law launches online resource for challenges to school exclusions

A children's legal rights charity has launched an information hub to help professionals and community organisations challenge unfair school exclusions in England.
Nov 27, 2019

Battle over Cabinet decision to retro-fit sprinkler systems on tower blocks at cost of £19m heads to Court of Appeal

The Court of Appeal has given a local resident permission to appeal a High Court ruling on the lawfulness of a decision by the Cabinet at Birmingham City Council to fund – at a cost of £19m – the retro-fitting of sprinkler systems to all the tower blocks it owns.
Nov 27, 2019

University loses Court of Appeal battle over Electronic Communications Code and access rights for operators

The University of London has lost an appeal over whether the Upper Tribunal has power under the Electronic Communications Code to impose on the occupier of a building an agreement permitting access by an operator to determine whether that building is suitable for the installation of electronic…
Nov 27, 2019

Council planning board removes clause from s106 agreement restricting future occupants from bringing claims over noise after receiving advice move was unlawful

­­The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.
Nov 26, 2019

DAC Beachcroft advises North West council on £47m shopping centre acquisition

DAC Beachcroft has advised Blackpool Council on its £47m purchase of the town’s Houndshill Shopping Centre from the receivers of its previous owners, BCC Eiffel.
Nov 26, 2019

Welsh Government consults on which public bodies should be covered by socio-economic duty of Equality Act 2010

The Welsh Government is to consult on which public bodies should be captured by the socio-economic duty under Part 1, Section 1 of the Equality Act 2010 and how the duty should be delivered.
Nov 26, 2019

Camden Council obtains first rogue landlord banning order in London

Camden Council is reported to have obtained London’s first rogue landlord banning order against a man who repeatedly placed tenants’ lives at risk through letting unsafe housing.
Nov 26, 2019

High Court judge says injunctions against street protests over teaching of “LGBT issues” at Birmingham school must continue

Injunctions restricting street protests over an infant and junior school’s teaching of “LGBT issues” should remain in place, a High Court judge has ruled.
Nov 26, 2019

Matrix Chambers QC appointed High Court judge

Employment and discrimination specialist Thomas Linden QC of Matrix Chambers has been appointed as a High Court judge, assigned to the Queen’s Bench Division.
Nov 25, 2019

Council loses Planning Court challenge over development and policies restricting development outside settlement limits

A borough council has failed to persuade the Planning Court that a planning inspector, when granting permission for a 55-dwelling scheme, erred in affording significant rather than full weight to the conflict between the proposed development and policies in the development plan restricting…
Nov 25, 2019

Supreme Court to hear appeal by council over National Planning Policy Framework and mineral extraction in Green Belt

The Supreme Court will next week hear a county council’s appeal over whether it misapplied part of the National Planning Policy Framework (NPPF) when considering mineral extraction in the Green Belt.
Nov 25, 2019

Uber London “not fit and proper” to hold private hire operator licence, TfL concludes

Transport for London (TfL) has decided not to grant Uber London Limited (Uber) a new private hire operator's licence after concluding the company was “not fit and proper”.
Nov 25, 2019

Law Society issues updated practice note on legal professional privilege

The Law Society has issued an updated practice note on legal professional privilege (LPP) to reflect recent developments in case law.
Nov 25, 2019

National Grid appoints ten law firms to legal services framework agreement

National Grid has appointed ten law firms to a framework agreement for the provision of legal services.
Nov 22, 2019

Court of Appeal rejects appeal by council over timing for review of suitability of accommodation where offer had been accepted

The Court of Appeal has said that where a homeless applicant had accepted the accommodation offered, a council conducting a subsequent review under s.202 of the Housing Act 1996 was required to reconsider its decision to secure accommodation outside the local authority's area in the light of all…
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