COVID-19 and social landlords: updated

Angela Hall, Elizabeth England and Tristan Salter provide an update for social landlords on the changes taking place as a response to the pandemic. Read more
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  NEWS

Mar 27, 2020

Housing association gains injunction against social gathering

Manchester housing association Mosscare St Vincent’s has been granted an urgent injunction against a tenant who continued to ignore government guidelines on social distancing by hosting parties for up to twenty people.
Mar 17, 2020

Council defends challenge over provision of secure accommodation for children at risk of being detained by police

Judges have dismissed a legal challenge over an alleged systemic failure by a London council to provide adequate secure accommodation for children at risk of being detained in police cells in circumstances where normal local authority accommodation would be unsuitable to meet the risks they pose to the general public.
Mar 13, 2020

Equality watchdog demands suspension of use of automated facial recognition and predictive algorithms in policing

The Equality and Human Rights Commission (EHRC) has called for the suspension of the use of automated facial recognition (AFR) and predictive algorithms in policing in England and Wales, “until their impact has been independently scrutinised and laws are improved”.
Mar 11, 2020

Supreme Court refuses permission to appeal in row over Public Spaces Protection order and abortion clinic ‘buffer zone’

The Supreme Court yesterday refused an application for permission to appeal in a dispute over the lawfulness of a Public Spaces Protection Order (PSPO) that created a ‘safe zone’ around an abortion clinic.
Mar 05, 2020

Met Police to be able to apply for knife crime prevention orders from next month

The Metropolitan Police will be able to apply for Knife Crime Prevention Orders (KCPOs) under a pilot scheme beginning next month, the Home Office has announced.
Feb 26, 2020

Attorney General gives undertaking to Grenfell Tower Inquiry on oral evidence from individuals and future prosecutions

The government has confirmed that the Attorney General, Suella Braverman, has given an undertaking to the Grenfell Tower Inquiry meaning that no oral evidence provided by individuals during modules 1, 2 and 3 of phase 2 will be used against the individual in any criminal proceedings.
Feb 26, 2020

Appellant fails in challenge to closure order barring him from accessing his flat

An appellant has lost his appeal over a closure order under the Anti-social Behaviour, Crime and Policing Act 2014 that meant he was barred from accessing his flat.
Feb 24, 2020

Government to consult on new duty requiring owners and operators to protect public spaces and venues from terror

The Home Office will consult this spring on a proposed “Protect Duty” which would require owners and operators of public spaces and venues to put in place measures to keep the public safe from a terrorist attack.
Feb 20, 2020

Resolve launches ASB week dedicated to highlighting impact of Anti-Social Behaviour on communities

The UK’s first official week dedicated to tackling antisocial behaviour (ASB) is being launched in March.
Feb 18, 2020

ICO says Metropolitan Police have complied with Gangs Matrix enforcement notice, following removal of 374 people.

The ICO has recently said that it is satisfied that the Metropolitan Police Service (MPS) has complied with its 2018 enforcement notice concerning the Gangs Matrix, following the deletion of 374 entries on the database.

  FEATURES AND ANALYSIS

March 24, 2020

Enforcing the lockdown

The government is once again using s.45C of the Public Health (Control of Disease) Act 1984 to impose distancing measures, writes Charles Holland, as new measures are introduced in Wales.
March 23, 2020

Closing restaurants, cafes and pubs during COVID-19

Charles Holland analyses the regulations issued by the government for the closure of restaurants, cafes, pubs and other leisure venues during the coronavirus outbreak.
March 06, 2020

Tackling the increase in modern slavery

Tiffany Cloynes sets out how local authorities can help prevent modern slavery, including through the actions and approaches that they take as purchasers of services, and looks at the latest Government initiatives to tackle the problem.
February 25, 2020

A matter of respect

The Upper Tribunal has reinstated 'generous' penalties for Housing Act 2004 licensing offences. Dean Underwood examines its ruling.
February 14, 2020

Coronavirus, public health and coercive powers

The UK Coronavirus regulations contain legal powers to control a public health crisis. David Lawson looks at the key elements.
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February 07, 2020

Councils express concern at prospect of witnesses at Grenfell Inquiry securing immunity from use of evidence in later prosecutions

The Local Government Association has said it is “extremely concerned” that some witnesses to the Grenfell Inquiry could be granted immunity from having any evidence they give used in subsequent prosecutions against them.
February 07, 2020

Green Space borough-wide preventative injunctions: the view from the Court of Appeal

Steven Woolf examines the Court of Appeal's recent decision and guidance on Green Space borough-wide preventative injunctions.
January 29, 2020

New pre-action protocols for disrepair and possession claims

New pre-action protocols will bring clarity for disrepair and possession claims, writes Sian Evans, setting out the key changes.

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  MORE NEWS

Feb 12, 2020

Housing Ombudsman issues guidance for landlords on responding to complaints

The Housing Ombudsman has published new guidance notes aimed at assisting landlords with policies and in responding to complaints.
Jan 27, 2020

Lambeth reaches “first of its kind” memorandum of understanding with all housing associations in borough

Lambeth Council has reached a joint agreement with all ten housing associations operating in the borough, with the ‘memorandum of understanding’ said to be the first of its kind in London.
Jan 27, 2020

Government to set up new regulator for oversight of high-risk buildings

The Government has unveiled plans for a new regulator to oversee the design, construction and occupation of high-risk buildings.
Jan 21, 2020

Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments

The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.
Jan 16, 2020

Government sets up taskforce to tackle serious and organised waste crime

The Government has launched a Joint Unit for Waste Crime (JUWC) bringing together law enforcement agencies, environmental regulators, HMRC and the National Crime Agency from across the UK to target waste criminals.
Jan 08, 2020

City council implements ‘Martyn’s Law’ on security at public venues, calls on government to introduce legislation

Manchester City Council is to enshrine the principles of ‘Martyn’s Law’, which is intended to improve security at public venues, into its future regulations.
Jan 03, 2020

Ministry awards £4m to 100+ councils to help tackle criminal landlords and letting agents

More than 100 councils in England will share over £4m as part of a crackdown on criminal landlords and letting agents, the Housing Secretary has announced.
Jan 02, 2020

Council prosecution sees landlord fined £27k for multiple HMO breaches

A landlord in Luton has been ordered to pay £27,000 at a sentencing hearing after previously pleading guilty to illegally managing a house in multiple occupation.
Dec 31, 2019

Fire authority to appoint solicitors, barristers to £480k specialist legal services framework

The West Midlands Fire and Rescue Authority is to set up a specialist fire safety legal services framework agreement worth up to £480,000 over four years.
Dec 30, 2019

Mayor’s Office for Police and Crime gives notice for re-tender of £65m national legal services framework

The Mayor’s Office for Policing and Crime (MOPAC) has issued a prior information notice on its plans to re-tender for a national legal services framework worth an estimated £65m.
Dec 27, 2019

Home Office stands down as independent reviewer of Prevent programme

The government has stood down Lord Carlile from the role of Independent Reviewer of the Prevent programme in the face of a legal challenge.
Dec 16, 2019

Council prosecution sees landowners ordered to pay £14k over illegal hostel

The owners of an illegal hostel in Swanley have been ordered to pay £14,000 in fines and costs after being prosecuted for failing to comply with two planning enforcement notices.
Dec 12, 2019

Birmingham landlord fined £20k after breaching housing regulations

A Birmingham landlord has been fined nearly £20,000 after pleading guilty to failing to obtain a House in Multiple Occupation (HMO) licence and to 13 breaches of HMO Management Regulations.
Dec 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 such vehicles.
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).
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 agreement.
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

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 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 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 22, 2019

Council in breach of Home Standard for fire and electrical safety, regulator finds

Runnymede Borough Council has breached the Home Standard for fire and electrical safety, the Regulator for Social Housing has said.
Nov 18, 2019

London council to take battle over borough-wide injunction and camping on open spaces to Court of Appeal next month

The Court of Appeal will next month (3 December) hear an appeal by Bromley Council over the High Court’s refusal to extend an interim injunction prohibiting camping on 171 open spaces and car parks in the borough.
Nov 06, 2019

Upper Tribunal rules on spent convictions and 'fit and proper person' test for property licence applications

The Upper Tribunal has handed down a significant ruling on spent convictions and the ‘fit and proper person’ test for holding a property licence under the Housing Act 2004.

  MORE FEATURES

January 29, 2020

Securing approval for selective licensing

David Smith considers the lessons to be learned from the Government's most recent decisions in relation to selective licensing schemes.
January 29, 2020

Multi-storey residential buildings: the latest Government advice

Mark London, Michael Wharfe and Yaasica Hamilton-Haye examine advice issued last week by the Ministry of Housing, Communities and Local Government for owners of multi-storey and multi-occupied residential buildings.
January 17, 2020

Adult safeguarding and the Anti-social behaviour, Crime and Policing Act 2014

Kevin Chan explains how his local authority recently used the Anti-social Behaviour, Crime and Policing Act 2014 to safeguard a vulnerable man from abuse using a civil injunction.
December 20, 2019

Assumption of responsibility

Andrew Warnock QC asks the question many involved with the public sector have been asking since the Supreme Court ruling in Poole v GN – when does an 'Assumption of Responsibility' arise?
December 17, 2019

Strasbourg and the 'bedroom tax'

Alex Ewing considers an important ruling from the European Court of Human Rights on the so-called 'bedroom tax' that could have potentially significant implications for the way in which discrimination cases are approached in the future.
December 06, 2019

Independent adjudicators, the Prison Rules and implied powers

A recent Divisional Court judgment is of interest to prison lawyers but also to public lawyers as it deals with important points of law in relation to the interpretation of the Prison Rules and the "implied powers" principle, writes Geeta Koska.
November 29, 2019

Powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014

This guidance note provides a comprehensive and up to date overview of powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014, Reform of anti-social behaviour powers (2014), Part 1 Civil Injunctions and Part 2 Criminal Behaviour Order (CBO).
November 29, 2019

Facing the future

Rowan Clapp looks at the key points from the Information Commissioner’s opinion on live facial recognition technology, law enforcement and privacy.
November 14, 2019

Spent convictions, underlying conduct and the 'fit and proper person' test

James Findlay QC and Riccardo Calzavara report on an Upper Tribunal ruling on spent convictions and the ‘fit and proper person’ test for holding a property licence under the Housing Act 2004.
October 29, 2019

Private landlords, electrical safety standard and implied terms

The path has been set for a new implied term that electrical safety standards are met. Elizabeth England sets out how the provisions will apply to private landlords and most private registered providers of accommodation.
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October 04, 2019

Exploring the limits of public authority’s liability for children

Duncan Fairgrieve and Jim Duffy, barristers at 1 Crown Office Row, examine the Supreme Court’s decision in Poole Borough Council v GN and another that the respondent local authority did not owe a common law duty of care to exercise its functions under the Children Act 1989 to protect the appellants, who were children of a family which it had housed, from harm at the hands of anti-social…
October 04, 2019

Taxi licences, hearsay evidence and risk assessment

A private hire driver has unsuccessfully appealed after a council refused to renew his licence following the receipt of anonymous hearsay evidence. Matt Lewin explains why.
September 13, 2019

Public Space Protection Orders, abortion clinics and buffer zones

The Court of Appeal has upheld the legality of the UK’s first ‘buffer zone’ outside an abortion clinic. Ranjit Bhose QC, Kuljit Bhogal and Tara O'Leary explain why.
September 06, 2019

Automated facial recognition, privacy and data protection law

The Divisional Court has found that police use of automated facial recognition was a justified privacy intrusion. Robin Hopkins sets out the key findings in a landmark case.
August 13, 2019

Responding to the 'Building a safer future' consultation

Andrew Millross sets out the key points from Anthony Collins Solicitors' response to the 'Building a safer future' consultation.
July 19, 2019

PSPOs and legal aid

Liberty has failed to secure legal aid for a challenge to a public spaces protection order. Kuljit Bhogal explains why.
July 05, 2019

Applying for without notice injunctions

Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans.
June 21, 2019

Deprivation of liberty – the limits of the inherent jurisdiction

A High Court judge recently rejected the use of the court’s inherent jurisdiction to protect 17-year-old gang member. The Court of Protection team at 39 Essex Chambers explain why.
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May 31, 2019

Sharing data and law enforcement

The High Court has issued an important ruling on sharing data for law enforcement purposes. Alessandra Gettins, Hugh Giles and Andrew Latham look at the lessons for police forces and their partner agencies.
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May 10, 2019

Avoiding adverse costs orders

How can local authorities avoid adverse costs orders in the First-tier Tribunal? Robin Stewart sets out the lessons from a case where a council failed to revoke an emergency prohibition order over a property.