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  LATEST HEADLINES

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ICO consults on new draft guidance on Subject Access Requests under GDPR

The Information Commissioner has launched a consultation on new draft guidance for organisations on how to handle Subject Access Requests (SARs) under the GDPR.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

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

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

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

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

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

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…
Nov 22, 2019

Local government legal work increases, recruitment squeezed but morale up, exclusive new research reveals

Local authorities face a legal recruitment squeeze as levels of legal work continue to grow exponentially, research published this week by Local Government Lawyer has found.
Nov 22, 2019

Council able to correct Adopted Policies Map to show land inside Green Belt instead of outside of it: High Court

Vale of White Horse District Council had the right to correct an error on a map of Green Belt boundaries without going through a complete consultation on the matter, the High Court has ruled.
Nov 22, 2019

Councillor fined, banned from public office over bogus signature on nomination paper

A long-serving councillor at Kings Lynn & West Norfolk has been removed from office for using a bogus signature on his nomination paper for last May’s election.
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 22, 2019

Home Office reconsideration policy for victims of traffickiing unlawful, High Court judge rules

The High Court has ruled as unlawful a Home Office policy of allowing victims of trafficking seeking a reconsideration of a negative decision to approach it only through specified organisations.
Nov 21, 2019

Applications for DoLS by care homes and hospitals up 15% each year since 2014-15: report

The number of applications made by care homes and hospitals to local authorities under the Deprivation of Liberty Safeguards (DoLS) has increased by an average of 15.0% each year since 2014-15, official statistics from NHS Digital have revealed.
Nov 21, 2019

Councils, Directors of Children’s Services urge investment on 30th anniversary of Children Act 1989

There is “still much to do if we are to become a country that works for all children”, the President of the Association of Directors of Children’s Services (ADCS) has said on the 30th anniversary of the landmark Children Act 1989.
Nov 21, 2019

Local Government and Elections (Wales) Bill to introduce general power of competence, facilitate 'corporate joint committees'

The Welsh Government has introduced a Local Government and Elections (Wales) Bill which includes a general power of competence, a power for local authorities to make an application to merge voluntarily, and powers to facilitate regional working through corporate joint committees.
Nov 20, 2019

Council loses Supreme Court appeal over whether community fund donation was material consideration for grant of planning permission

The Supreme Court has upheld a ruling that a district council acted unlawfully when, in granting planning permission for a wind turbine, it took into account a proposed donation to a local community fund.
Nov 20, 2019

Academy trust facing legal action over collective worship agrees to provide alternative materials and activities

A Church of England multi-academy trust facing legal action over compulsory collective worship in its schools has agreed to provide alternative inclusive materials and activities featuring no prayers or other acts of Christian worship.
Nov 19, 2019

Local authorities detect 22% more council tax fraud cases in last year, CIPFA research finds

Local authorities in the UK have detected 22% more cases of council tax fraud compared to last year, research by CIPFA has found.
Nov 19, 2019

Court of Appeal allows appeal over care and placement orders over failure by judge to give adequately reasoned judgment

The Court of Appeal has allowed an appeal brought by a great-aunt from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.
Nov 19, 2019

Court of Appeal hears challenge over transfer of services from North East hospital

The Court of Appeal is this week hearing a challenge to the decision by clinical commissioning groups (CCGs) to transfer services away from South Tyneside Hospital.
Nov 19, 2019

Legal Aid Agency names 21 providers to panels for education and discrimination cases

The Legal Aid Agency has published the list of 21 providers appointed to two panels for the delivery of civil legal aid services in education and discrimination cases.
Nov 19, 2019

Driver and Vehicle Standards Agency names 12 firms to £4m legal services framework

The Driver and Vehicle Standards Agency (DVSA) has appointed 12 law firms to a framework for the provision of prosecution and legal services worth an estimated £4m.
Nov 18, 2019

Gliding club win legal challenge over prior approval for barn conversion

A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.
Nov 18, 2019

UK local government associations agree programme to promote “civility in public life”

The leaders of the UK’s four Local Government Associations earlier this month agreed a shared programme of action promoting greater civility in public life.
Nov 18, 2019

Solicitor and ex-councillor of London borough jailed for housing fraud

A solicitor and former councillor has been sentenced to serve 16 months in custody after pleading guilty to two counts of fraud.
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