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Safeguarding and the Court of Protection

Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection. LexisPSL Local Government, in partnership with Alex Ruck Keene and Michelle Pratley both of 39 Essex Chambers and the Legal Action Group, set out the key considerations.

News headlines

Dec 08, 2017

Court of Appeal sends council and football club owners to mediation in state aid row

The Court of Appeal has ordered Coventry City Council and the owners of Coventry City Football Club, the Sisu group, to mediate their long-running dispute over the Ricoh Arena.
Dec 08, 2017

Sheffield suspends Uber licence with company blaming administrative error

Sheffield City Council last month suspended Uber’s licence, saying that the current licence holder had failed to respond to requests about management.
Dec 07, 2017

Council defeats High Court challenge over care home fees increase

Essex County Council has successfully defended a judicial review challenge to the fees it proposed paying to operators of care homes.
Dec 07, 2017

Borough council defeats High Court challenge over calculation of taxi fares

Guildford Borough Council has successfully defended a High Court challenge to its decision to fix for 2016-2017 the maximum fares for hiring hackney carriages within the borough.
Dec 06, 2017

Supreme Court rejects appeal by council over reasons for planning decision

The Supreme Court has unanimously rejected a council’s appeal over the quashing of the grant of planning permission for a controversial residential development in an area of outstanding natural beauty.
Dec 06, 2017

Social worker wins right to use documents for ECHR claim over judicial criticism

The President of the Family Division, Sir James Munby, has allowed a social worker to use restricted documents in proceedings to be brought over a judge’s critical remarks about her.
Dec 06, 2017

Judge gives permission to campaigners for judicial review over library closure

A judge has found “just about enough” evidence to allow him to let campaigners take a Darlington library closure to judicial review.
Dec 06, 2017

Council faces legal challenge to permission for new type of waste incinerator

Protesters have said they will take Derby City Council to judicial review after it gave planning permission for temporary use of a new type of waste incinerator.
Dec 05, 2017

Ministers consult on regulations for New Town Development Corporations

The Department for Communities and Local Government has launched a consultation on regulations for locally led New Town Development Corporations.
Dec 05, 2017

London borough fined £100,000 after social workers assaulted

A local authority has been fined £100,000 after two of its social workers were assaulted on a home visit by the mother of a vulnerable child they were visiting.
Dec 05, 2017

North West council suspends third senior officer

A third senior officer at Cheshire East Council has been suspended by the local authority's investigation and disciplinary committee, it has been revealed.
Dec 04, 2017

Family with no recourse to public funds wins judicial review battle with council

Milton Keynes Council failed to properly consider an application for help with housing by a family without recourse to public funds.

Features and analysis

Giving reasons for planning decisions

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Ned Westaway and Charlie Merrett consider the duty to give reasons for planning decisions in light of the Supreme Court's ruling in Dover District Council v CPRE Kent.

Norton your nelly!

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The Court of Appeal has rejected a starter tenant's policy-breach complaints. Dean Underwood explains why.

Managing pregnant employees

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Can you performance manage a pregnant employee? Paul McFarlane and Louise Singh consider the key issues.

Running local authority trading companies

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When it comes to local authority trading companies, who should be involved? Members, officers, others? Rob Hann reports.

NAI or not?

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Carol Binnion examines the Family Court's disposal of care proceedings in what was originally thought to be a case of non-accidental injury.

Fares fair

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A High Court judge has rejected a challenge to hackney carriage fares set by a borough council. Philip Kolvin QC explains why.

Supply chain sustainability

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LexisPSL, in partnership with Simon Garbett, Ian Skinner and Sarah Rathke of Squire Patton Boggs, examine how authorities can ensure sustainable supply chains.

Fresh developments in the ACV regime

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The flow of interesting points on the Assets of Community Value regime continues, with recent appeal decisions before the FTT considering a number of important aspects of the regime, writes Christopher Cant.

Stalking of a foster placement

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A recent Court of Appeal case will be of significant interest to local government family practitioners, writes Dominic Boothroyd.

Operating hours and restaurant conditions

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Southwark Council has fought off a challenge by the operator of Rock Island Bar and Grill who sought to extend its operating hours and remove the “restaurant condition” from its premises licence just six months after it was granted. Gary Grant explains how.

Air quality and development

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A High Court judge has recently handed down an important air quality judgment. Ashley Bowes looks at the implications for planning authorities, developers and those resisting development.

Contraception and safeguarding

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A Court of Protection judge recently had to consider whether it was in the best interests of a woman with a learning disability to be given a contraceptive patch. The CoP team at 39 Essex Chambers examine the decision.

Short term gain; long term pain?

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Philip Woolham looks at incentivising employees to leave public sector pensions.

Local Plan interventions

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The Communities Secretary recently announced the first 15 local authorities to face potential intervention for failing to produce a Local Plan. Simon Ricketts looks at the issues this raises.

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