Local authority powers to obtain injunctions

The Court of Appeal has upheld the right of local authorities to obtain injunctions using their broad, general power to issue legal proceedings under section 222 of the Local Government Act 1972. Alexander Campbell looks at the lessons to be learned. Read more
Slide background
Slide background
Slide background
Slide background
Slide background

  NEWS

Nov 25, 2020

Failure to comply with planning enforcement notice sees landlord ordered to pay £260k

A landlord who pleaded guilty to two offences of failing to comply with a planning enforcement notice has been handed a confiscation order of nearly £260,000.
Nov 11, 2020

Court of Appeal says car cruising was "classic case for the grant of an injunction"

The Court of Appeal has dismissed an appeal over whether a car-cruising injunction was properly granted, given what was said to be the alternative remedy available to Birmingham City Council of itself making a public spaces protection order (PSPO).
Nov 10, 2020

Civil Procedure Rules to be amended so that district judges can hear breaches of Anti-Social Behaviour Injunctions

The Civil Procedure Rules are to be amended “to correct three unintended effects” of changes that came into force at the beginning of October.
Nov 06, 2020

Court of Appeal rejects challenge to £31m decision by city council to retrofit sprinklers to tower blocks after Grenfell

Birmingham City Council has defeated a Court of Appeal challenge over whether it failed to take account of legally relevant matters when on 24 May 2018 it confirmed its decision to retrofit sprinklers in its tower blocks following the fire at Grenfell Tower in London.
Nov 06, 2020

Police arrest gym owner on suspicion of breaching COVID lockdown regulations, council issues venue with prohibition notice

Essex Police have arrested a gym owner in Harlow on suspicion of breaching coronavirus legislation.
Nov 05, 2020

Administrative Court allows appeal by tenant on extending time for service of notice of appeal in ASB case

A Plymouth woman has successfully appealed over a closure order imposed on her home after complaints of anti-social behaviour.
Oct 30, 2020

Council serves Community Protection Notice on major retailer for failing to enforce mask wearing in store

A London borough has issued a Community Protection Notice to all B&M stores in its borough for failing to enforce the wearing of face coverings despite having received a Community Protection Warning Notice last month.
Oct 20, 2020

Civil Justice Council report identifies significant problems around anti-social behaviour injunctions

Anti-social behaviour injunctions (ASBIs) – which were introduced by the Anti-Social Behaviour Crime and Policing Act 2014 – are not working, a report published this month by the Civil Justice Council has claimed.
Oct 15, 2020

High Court upholds refusal by judge to admit witness statement from council officer in eviction proceedings brought by housing association

The High Court has dismissed an application to overturn a judge’s refusal to allow tenants to rely on a witness statement from a council officer in eviction proceedings brought by a housing association.
Oct 13, 2020

Individuals affected by Ealing abortion clinic PSPO look to take case to European Court of Human Rights

Two individuals affected by the imposition of a Public Spaces Protection Order (PSPO), which created a "buffer zone" around an abortion clinic in Ealing, have appealed to the European Court of Human Rights, Landmark Chambers has reported.

  FEATURES AND ANALYSIS

November 04, 2020

The Lockdown 2 Regulations

Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.
October 19, 2020

The 3-Tier Covid Regulations: Impact on Licensed Premises

Gary Grant and Charles Holland summarise the new system brought in through the 3-Tier Covid Regulations and focus on its impact on licensed premises.
September 29, 2020

PSPOs - a vital tool for tackling anti-social behaviour

Kuljit Bhogal outlines the uses of Public Space Protection Orders for tackling drinking and other issues in public spaces.
September 17, 2020

Do local authorities have the power to impose a full scale local 'lockdown'? UPDATED

Christopher Bevan examines the powers available to local authorities particularly under Regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 in providing a local public health response to the incidence and spread of coronavirus.
September 17, 2020

Emergency Services collaboration

Nathan East considers the PEEL report which looked into the successes and pitfalls of police-to-police collaboration.
September 15, 2020

The "Rule of 6" Coronavirus Regulations

Gary Grant sets out the key elements of the government's new 'Rule of 6' regulations.
September 03, 2020

Policing our privacy – where does the law lie?

David Mitchell analyses the Court of Appeal's recent ruling on the use of facial recognition technology by South Wales Police.
August 20, 2020

Anti-social behaviour, rough sleeping and injunctions

In a rare occurrence, North Lincolnshire Council recently secured an injunction pursuant to the Anti-social behaviour, Crime and Policing Act 2014 in respect of two rough sleepers. The powers under section 1 of the Act tend to be used exceptionally and many Courts are unfamiliar with them, writes Ben Williams.

Sponsored Editorial

Sheriffs Office TSO animated banner

  MORE NEWS

Oct 12, 2020

Council says it was told by government official not to take action against shops that were failing to enforce mask-wearing

The Leader of Barking and Dagenham Council complained to the Business Secretary in a letter last week after the council said it was told by an official at the Department of Business, Energy & Industrial Strategy (BEIS) to stop taking action against local shops that were failing to enforce mask-wearing.
Oct 08, 2020

Government issues guidance on COVID-19 secure marshals, stresses the role has no enforcement powers

The Government has issued guidance on how the £30m allocated to district and unitary authorities for COVID-19 related compliance and enforcement activities should be spent.
Oct 07, 2020

Council hits beauty salon with closure notice over failure to have adequate COVID-19 controls in place

Sefton Council has issued a closure notice on a beauty salon over its failure to put in place adequate controls and measures required to make the premises COVID-secure.
Sep 29, 2020

Court finds retention of data obtained under Prevent Strategy when claimant was 11 year old unlawful

The Metropolitan Police’s retention of data on a 16-year-old child (known as II) from the age of 11 was unlawful and a disproportionate interference with his right to private life, a High Court judge has ruled.
Sep 22, 2020

Council to pursue Crown Court appeal over ruling that ex-policeman convicted of child abduction should be granted taxi licence

Sefton Metropolitan Borough Council has lodged an appeal with Liverpool Crown Court over whether a former policeman convicted 14 years ago of abducting a 15-year-old girl should be granted a taxi driver licence.
Sep 17, 2020

Government upholds decision by council to issue direction cancelling international boat show

The Minister of State for Patient Safety, Suicide Prevention and Mental Health, Nadine Dorries MP, has upheld Southampton City Council’s decision to issue a direction which cancelled the Southampton International Boat Show (Boats 2020).
Sep 16, 2020

Birmingham bar sees licence revoked by council after COVID-19 breaches

The Licensing Sub-Committee at Birmingham City Council has revoked the premises licence of a bar in the Jewellery Quarter after it was found to be breaching COVID-19 guidelines.
Aug 19, 2020

Police and council secure closure order of residential property where 200 people had gathered

Greater Manchester Police and Manchester City Council have obtained a three-month closure order of a residential property where 200 people had gathered.
Aug 14, 2020

Teen free climber sentenced after breaching City Council injunction

Manchester City Council has secured a suspended sentence for a teenage ‘free climber’ who continued to scale tall buildings in defiance of an earlier injunction, in what is thought to be the first time anti-social behaviour legislation has been used to tackle free climbing.
Aug 11, 2020

Use of facial recognition technology was unlawful but did not contravene article 8 finds Court of Appeal

The Court of Appeal has held that the use of facial recognition technology by the South Wales Police Force (SWP) was unlawful but that its use was proportionate under article 8 of the European Convention on Human Rights (ECHR).
Aug 10, 2020

LGA calls for temporary public health or COVID-19 objective in Licensing Act

The Local Government Association has called for councils to be given the powers to close down pubs and other licensed premises which are failing to comply with COVID-19 safety guidelines.
Aug 05, 2020

Lockdown powers for local authorities

Tiffany Cloynes examines the powers that local authorities in England have been given to introduce local lockdown measures to tackle local outbreaks of the coronavirus.
Aug 05, 2020

Housing Ombudsman sees rise in percentage of complaints relating to tenant behaviour

Complaints about tenant behaviour received by the Housing Ombudsman between April and June this year amounted to 21% of the total compared to 12% for the same period in 2019, it has been revealed.
Jul 23, 2020

Home Secretary launches review of Police and Crime Commissioners model

The Home Secretary, Priti Patel, has launched a review of the role of Police and Crime Commissioners (PCCs) but has ruled out scrapping the model.
Jul 22, 2020

High Court judge outlines reasons for granting interim injunction over anti-social behaviour in park

A High Court judge has given his reasons for granting, despite his misgivings, the London Borough of Hackney an interim injunction against anti-social behaviour in a park.
Jul 20, 2020

Home Office issues guidance on ‘Community Trigger’ ASB case reviews

The Home Office has published guidance on the anti-social behaviour case review – also known as the “Community Trigger”.
Jul 18, 2020

Government issues guidance for councils on use of new powers to impose local shutdowns in response to COVID-19 outbreaks

The Government has issued guidance for local authorities in England on what the new local shutdown regulations allow them to do, how they should exercise those powers and how those powers should be enforced.
Jul 16, 2020

Council secures reinstatement of part of penalty for failure to licence HMO

Thurrock Council has gained a partial victory in an Upper Tribunal (Lands Chamber) concerning the penalty for failing to licence a house in multiple occupation (HMO).
Jul 16, 2020

Council to remove all cumulative impact policies in August but may reinstate one for city centre

Bristol City Council is to scrap its cumulative impact policies on alcohol licensing after police said many of them were unnecessary.
Jul 02, 2020

Doctors lose legal challenge against council, police and CCGs over Local Safeguarding Arrangements Plan

Doctors have failed in a High Court challenge to Northamptonshire County Council, the county’s chief constable and two NHS clinical commissioning groups over whether they should be paid to assist safeguarding partners.
Jul 01, 2020

Reports from social landlords of anti-social behaviour surge during COVID-19

Reports of anti-social behaviour have increased by 43% since March, the latest COVID-19 impact monitoring report by Housemark has revealed.
Jun 25, 2020

Property owners found guilty over illegal sub-division of building after ten year battle with council

Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.
Jun 23, 2020

Court of Appeal to hear appeal over police use of automated facial recognition

The Court of Appeal will this week hear an appeal challenging police use of live Automated Facial Recognition (AFR) technology in public spaces.
Jun 16, 2020

Leaseholder pays social landlord £48k for unlawfully renting out his flat

A man who breached the terms of his lease by using his flat in Tower Hamlets as a holiday let has agreed to pay back social landlord EastendHomes nearly £50,000.
Jun 16, 2020

Council wins Upper Tribunal appeal over whether property was house in multiple occupation

The Upper Tribunal has allowed a borough council’s appeal over whether a property was a house in multiple occupation (HMO).

  MORE FEATURES

July 28, 2020

Stock Transfer RPs and the use of mandatory ground 7A

Yetunde Dania analyses a recent housing law case which, she says, will be a source of comfort to Large Scale Voluntary Transfer (LSVT) registered providers of social housing when they are seeking to recover possession based on ground 7A.
July 28, 2020

Upper Tribunal revisits "What is an HMO?"

It is vital that landlords, tenants and local authorities all understand when a property should properly be classed as a House in Multiple Occupation (“HMO”). Christopher Hoskins outlines a recent Upper Tribunal case which revisited this issue as it affects blocks of self-contained flats.
July 27, 2020

Statutory taxi and private hire vehicle standards

Philip Kolvin QC examines the statutory and philosophical underpinning of the Statutory Taxi and Private Hire Vehicle Standards, together with their implications for licensing regulation.
July 03, 2020

Breaches of PSPOs and reasonable belief

Kuljit Bhogal reports on an important High Court ruling on breaches of Public Spaces Protection Orders.
June 29, 2020

Disrepair during COVID-19

Victoria Curran looks at how to take a pragmatic and common sense approach to housing disrepair during the coronavirus pandemic.
May 28, 2020

Homelessness and domestic violence

Andy Lane and Rowan Clapp look at the likely impact of government proposals of support for survivors of domestic violence who are facing homelessness.
May 28, 2020

Recent developments in additional and selective licensing

Tara O'Leary discusses some of the implications of the COVID-19 emergency for licensing litigation and summarises several important decisions which have emerged during a very productive period at the courts and tribunals.
May 20, 2020

Pubs and the lockdown regulations

A pub licence has been revoked at a summary review hearing for breaking lockdown regulations. Gary Grant reports.
May 12, 2020

Locking down anti-social behaviour - an introduction to Public Spaces Protection Orders

In the third instalment of her series on community safety law during the lockdown, Kuljit Bhogal discusses Public Spaces Protection Orders.
May 11, 2020

Unlicensed HMOs and liability

A London borough recently successfully defended two claims for judicial review of decisions it made against directors of property companies operating, and owners of property, in its area. Simon Kiely, Aleksandra Wolek and Christos Paphiti explain how the ruling will help local authority housing departments and prosecutors.
May 07, 2020

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

This LexisNexis Local Government guidance note, produced in partnership with Hardwicke Chambers, provides comprehensive and up to date legal information covering the powers available to control behaviour under the Anti-social Behaviour, Crime and Policing Act 2014
May 01, 2020

Anti-social behaviour - powers to close premises under the Anti-Social Behaviour, Crime and Policing Act 2014

This Local Government guidance note from LexisNexis provides comprehensive and up to date legal information outlining the powers available to local authorities to close premises where anti-social behaviour is taking place.
April 29, 2020

Locking down anti-social behaviour - COVID-19 and Community Protection Notices

In this video, Kuljit Bhogal explains how Community Protection Notices, served under the powers found in the Anti-Social Behaviour, Crime and Policing Act 2014, could be used to tackle anti-social behaviour during the lockdown.
April 27, 2020

Civil financial penalties – how much is too much?

Howard Lederman considers the principles which apply to the amount of penalties local housing authorities can impose for relevant housing offences, following recent guidance by the Upper Tribunal.
April 27, 2020

Rent repayment orders by local authorities

Howard Lederman explores the consequences of procedural defects when local authorities seek rent repayment orders.
April 15, 2020

Possession proceedings - and alternatives - to counter Anti-Social Behaviour during COVID-19 lockdown: Should you stay, or should they go?

Peter Marcus explores the options that social landlords have to enforce against anti-social conduct committed in rented residential property, given the last month of impromptu legislation, guidance and procedural changes.
April 09, 2020

Coronavirus restrictions: local authority enforcement powers

The powers of local authority officers to enforce restrictions during the coronavirus outbreak are narrower than you might think, argues Horatio Waller.
April 03, 2020

Coronavirus and Police use of drones

Ibrahim Hasan looks at the significant issues arising out of the police's use of drones during the coronavirus outbreak.
March 26, 2020

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.
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.