Archive for the 'local government' Category

Sharif v Camden London Borough Council – WLR Daily

Sharif v Camden London Borough Council [2011] EWCA Civ 463; [2011] WLR (D) 148

“A local housing authority’s duty under section 193(2) of the Housing Act 1996 to secure that accommodation was available for occupation by a homeless applicant was not discharged by providing two self-contained flats with no shared communal living areas, one for occupation by the applicant and her sister and the other for occupation by her father, because such accommodation was not available for occupation by the applicant together with any other persons who normally resided with her as members of her family within the meaning of section 176 of the 1996 Act.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

High Court challenge to library closures in the West – BBC News

“Two county councils which want to close libraries in the west of England are facing a judicial review.”

Full story

BBC News, 3rd May 2011

Source: www.bbc.co.uk

Councils mount legal challenge over academies cuts – BBC News

“A group of English local authorities are mounting a legal challenge against government budget cuts tied to its academies expansion programme.”

Full story

BBC News, 3rd May 2011

Source: www.bbc.co.uk

Public will be ‘barred’ from justice in legal aid reform, warn lawyer group – Daily Telegraph

“The public will be effectively barred from fighting incompetent doctors and councils in the courts under plans to cut legal aid, the body representing lawyers warned yesterday.”

Full story

Daily Telegraph, 21st April 2011

Source: www.telegraph.co.uk

Judge raps care ‘failures’ in paedophile case – The Independent

“A High Court judge investigating a mother with learning difficulties whose children became victims of a dangerous paedophile has strongly condemned the way the case was handled by a county’s social services.”

Full story

The Independent, 21st April 2011

Source: www.independent.co.uk

Birmingham City Council disabled care limits ‘unlawful’ – BBC News

“Judges have ruled that Birmingham City Council’s plans to limit social care for disabled people are unlawful.”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

Council rubbish bin collection fines to be scrapped – BBC News

“Fines for residents who break the rules on rubbish collections in England are to be scrapped.”

Full story

BBC News, 10th April 2011

Source: www.bbc.co.uk

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Owens v Dudley Metropolitan Borough Council – WLR Daily

Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359; [2011] WLR (D) 120

“Where the pension entitlement of an employee seeking a teachers’ pension was being determined and the term ‘teacher’ had not been defined by the legislature the word was to be construed in accordance with its natural meaning.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ministers ignoring Child Poverty Act, warn family campaigners – The Guardian

“Child poverty campaigners have written to the government warning ministers that they have broken a legal commitment to implement the Child Poverty Act fully.”

Full story

The Guardian, 4th April 2011

Source: www.guardian.co.uk

‘Neighbourhood’ planning powers to be trialled – BBC News

“People living in parts of England will be able to decide where new houses, shops and businesses should go in their neighbourhood, under a localism trial.”

Full story

BBC News, 2nd April 2011

Source: www.bbc.co.uk

Government puts legal protection for libraries up for review – The Guardian

“Initiative to scrap ‘burdensome’ duties on local authorities will review requirement to provide ‘comprehensive and efficient’ library service”

Full story

The Guardian, 17th March 2011

Source: www.guardian.co.uk

Call to sue councils that are ‘failing the vulnerable’ – Law Society’s Gazette

“The case of a mentally ill man who attempted suicide after being discharged from hospital to a park bench has prompted mental health solicitors to call on lawyers to sue local authorities that fail to provide adequate healthcare for some of society’s most vulnerable members.”

Full story

Law Society’s Gazette, 17th March 2011

Source: www.lawgazette.co.uk

School asbestos compensation puts councils under pressure – The Guardian

“The government faces pressure to assess the risk of asbestos in schools following a landmark legal victory for the family of a woman who died after ‘low-level’ exposure as a secondary school pupil.”

Full story

The Guardian, 9th March 2011

Source: www.guardian.co.uk

Khyra Ishaq’s father sues council over starvation death – BBC News

“The father of a girl who was starved to death after ‘missed opportunities’ by children’s services to save her is suing Birmingham City Council.”

Full story

BBC News, 4th March 2011

Source: www.bbc.co.uk

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) – WLR Daily

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) [2011] EWCA Civ 196; [2011] WLR (D) 69

“A child’s status as a ‘looked after child’ for the purposes of the Children Act 1989 did not come to an end when the local authority, by virtue of a statement of special educational needs under the Education Act 1996, arranged for him to be accommodated at a residential school.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is remoced.

New code to govern CCTV cameras – The Independent

“Police forces and councils who want to set up CCTV systems will have to be open and clear about what they will be used for and why under Home Office plans.”

Full story

The Independent, 1st March 2011

Source: www.independent.co.uk

How a secret court was made to open up – The Independent

“The Act of Parliament that created the Court of Protection was pushed through in a hurry, amid an outcry from dozens of MPs, as the government tried to get its outstanding business completed in time for the 2005 general election.”

Full story

The Independent, 1st March 2011

Source: www.independent.co.uk

How Protection of Freedoms Bill will work – BBC News

“MPs are to debate the government’s Protection of Freedoms bill later, which ministers claim will protect millions of people in England and Wales ‘from unwarranted state intrusion in their private lives’.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby – WLR Daily

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8; [2011] WLR (D) 64

“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Campaigners launch legal challenge to library closures – The Guardian

“Libraries are set to be a legal testing-ground for David Cameron’s vision of the ‘big society’, with lawyers arguing that the prime minister’s ‘vague notions’ are not enough to fulfil councils’ legal obligations to their library services.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Library cuts in Somerset and Gloucestershire challenged – BBC News

“A High Court challenge is being launched over public library closures.”

Full story

BBC News, 23rd February 2011

Source: www.bbc.co.uk

Shooting councillor Stephen Govier prompts law review – BBC News

“The government is considering a change in the law after the BBC revealed a south London councillor had a gun crime conviction but could not be sacked.”

Full story

BBC News, 22nd February 2011

Source: www.bbc.co.uk

Regina (Hertfordshire County Council) v Hammersmith and Fulham London Borough Council – WLR Daily

“A  mental patient who was compulsorily detained under the Mental Health Act 1983 was not thereby to be treated as ‘resident’ in the local authority within whose area he was detained. On a proper construction of section 117(3) of the 1983 Act the patient’s ‘residence’ was distinct from his place of detention. Section 117 of the 1983 Act was the appropriate section, rather than section 21 of the National Assistance Act 1948, to determine which authority should have the responsibility of paying for the patient’s after-care accommodation.”
WLR Daily, 16th February 2011

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Councils defeat government over school buildings – BBC News

“The government has been defeated in the High Court over the way it scrapped part of England’s school building programme.”

Full story

BBC News, 11th February 2011

Source; www.bbc.co.uk

Court rejects fluoride challenge – The Independent

“A local health authority’s plans for the fluoridation of a city’s tap water was not unlawful, the High Court ruled today.”

Full story

The Independent, 11th February 2011

Source: www.independent.co.uk

Risk Management Partners Ltd v Brent London Borough Council and another – WLR Daily

Risk Management Partners Ltd v Brent London Borough Council and another [2011] UKSC 7; [ 2011] WLR (D) 42

“A group of local authorities who awarded insurance contracts to a mutual insurance company they had set up for that purpose, without putting the contracts out to competitive tender, had not been acting contrary to the Public Contracts Regulations 2006.”

WLR Daily, 10th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ICO issues third fine for loss of unencrypted laptops – OUT-LAW.com

“Two local authorities have been fined a total of £150,000 by data protection watchdog the Information Commissioner after the theft of two laptops which, contrary to the councils’ policies, were not encrypted.”

Full story

OUT-LAW.com, 10th February 2011

Source: www.out-law.com

People get power to take CCTV abusers to court – Daily Telegraph

“Any member of the public will be able to refer a local authority for judicial review if they can argue their cameras were set up or are being used inappropriately.”

Full story

Daily Telegraph, 10th February 2011

Source: www.telegraph.co.uk

Residents lose ‘fight the flights’ court battle – The Independent

“Local residents have lost their High Court battle to block an ‘extremely large’ increase in the number of flights proposed for London City Airport.”

Full story

The Independent, 20th January 2011

Source: www.independent.co.uk

Eric Pickles curbs councils’ empty home seizure powers – BBC News

“Councils will have to wait two years before seizing empty homes under plans by Communities Secretary Eric Pickles.”

Full story

BBC News, 7th January 2011

Source: www.bbc.co.uk

The Public Sector Equality Duty – Speech by Mr. Justice Sales

“Mr. Justice Sales gave a lecture for ELBA and ALBA on 13th December 2010.”

Full speech

Judiciary of England and Wales, 13th December 2010

Source: www.judiciary.gov.uk

Pembrokeshire care homes fees row in judicial review – BBC News

“The money Pembrokeshire council pays care homes to look after residents will be challenged in the High Court later.”

Full story

BBC News, 14th December 2010

Source: www.bbc.co.uk

Localism Bill: people to get legal right to buy threatened local shops or post offices – Daily Telegraph

“People will be given the legal right to buy threatened community assets like post offices or village shops, Communities secretary Eric Pickles will announce next week.”

Full story

Daily Telegraph, 11th December 2010

Source: www.telegraph.co.uk

Regina (Conservative and Unionist Party) v Election Commissioner – WLR Daily

Regina (Conservative and Unionist Party) v Election Commissioner [2010] EWCA Civ 1332; [2010] WLR (D) 296

“It was not open to a petitioner to an election court to seek an order for costs under s 51 of the Senior Courts Act 1981 against the respondent’s political party and its local party association who had not been parties to the petition. Once the election commissioner had made a final order for costs and dealt with all aspects of the petiton under the Representation of the People Act 1983 he did not have the authority to re-open a decision as to costs and consider making an order against a third party.”

WLR Daily, 24th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Council house tenants set for eviction rule change – The Guardian

Councils are to be given powers to evict or transfer new tenants after as little as two years if their financial circumstances improve, under plans to be unveiled tomorrow.

Full story

The Guardian, 21st November 2010

Source: www.guardian.co.uk

High Court action over London City Airport expansion – BBC News

“A group of residents from east London are taking a council to court over a decision to allow 50% more flights a year from London City Airport.”

Full story

BBC News, 18th November 2010

Source: www.bbc.co.uk

Regina (Gallagher and another) v Basildon District Council – WLR Daily

Regina (Gallagher and another) v Basildon District Council [2010] EWHC 2824 (Admin); [2010] WLR (D) 28

“There was no obligation on a local authority to implement recommendations of a local commissioner, nor was it necessary for a local authority to have cogent reasons for refusing to follow such a recommendation; but if a local authority gave reasons for rejecting a recommendation, the court was entitled to examine whether it had taken into account irrelevant considerations or failed to take account of relevant considerations, or its decision was irrational.”

WLR Daily, 10th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Appeal court ruling clears way for councils to cut social care services – The Guardian

“Local councils have been given the green light by the courts to cut social care services to elderly and disabled people previously assessed by law as needing them.”

Full story

The Guardian, 4th November 2010

Source: www.guardian.co.uk

Regina (Savva) v Kensington and Chelsea Royal London Borough Council – WLR Daily

Regina (Savva) v Kensington and Chelsea Royal London Borough Council [2010] EWCA Civ 1209; [2010] WLR (D) 275

“When exercising its duty under s 2 of the Chronically Sick and Disabled Persons Act 1970 to make arrangements to meet an individual’s needs, a local authority was entitled to consider what that individual’s needs were in relative terms as the starting point for calculating the personal budget allocated to meet them, and had to give reasons for its decision.”

WLR Daily, 3rd November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) – WLR Daily

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) [2010] WLR (D) 273

“The right of ‘persons interested’ under section 15(1) of the Audit Commission Act 1998 to inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating to them did not stretch, on the facts, to examination of commercially sensitive material which was protected by art 1 of the First Protocol of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 2nd November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Higher court fees risk putting councils off care proceedings – The Guardian

“Cash-strapped councils could decide to give violent or neglectful parents one more chance rather than go to court.”

Full story

The Guardian, 28th October 2010

Source: www.guardian.co.uk

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) – WLR Daily

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) [2010] EWCA Civ 634 1101; [2010] WLR (D) 257

“Local authorities enjoyed, by virtue of s 23C(4)(c) of the Children Act 1989, the power to accommodate a person who had formerly been a child in care and was therefore a former ‘relevant child’ within s 23A of the Act, and a local authority was not entitled, when considering whether the welfare of a former ‘relevant child’ who was also an asylum seeker required that he be accommodated by it, to take into account the possibility of support by the National Asylum Support Service.”

WLR Daily, 20th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Public sector lawyers split on Government spending cuts – The Lawyer

“The implications of the Government’s Comprehensive Spending Review (CSR) for local government legal services will be immense.”

Full story

The Lawyer, 20th October 2010

Source: www.thelawyer.com

Pieretti v Enfield London Borough Council – WLR Daily

Pieretti v Enfield London Borough Council [2010] EWCA Civ 1104; [2010] WLR (D) 248

“S 49A(1)(d) of the Disability Discrimination Act 1995 required a local authority, in carrying out its functions under Pt VII of the Housing Act 1996, to take due steps to take account of a disabled persons’ disabilities.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (M) v Haringey Independent Appeal Panel (Secretary of State for Schools, Families and Children intervening) – WLR Daily

Regina (M) v Haringey Independent Appeal Panel (Secretary of State for Schools, Families and Children intervening) [2010] EWCA Civ 1103; [2010] WLR (D) 245

“An inquiry pursuant to s 86(3) of the School Standards and Framework Act 1998 into whether compliance with a parent’s preference as to the school at which he wished education to be provided for his child would prejudice the provision of efficient education or the efficient use of resources was to be assessed objectively.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Legal action over axing of schools building scheme – BBC News

“Three councils in England have launched legal action over the government’s decision to scrap the Building Schools for the Future (BSF) initiative.”

Full story

BBC News, 5th October 2010

Source: www.bbc.co.uk

Town halls could be used for court cases – The Independent

“Town Halls could be hired out as courts to raise money for councils and increase the speed of justice, local authorities have suggested.”

Full story

The Independent, 18th September 2010

Source: www.independent.co.uk

Hammer attack school condemned by victim’s mother – The Guardian

“The mother of a white 15-year-old boy who was left with brain damage after a hammer attack by a gang of British Asian pupils blamed his school today after a report found it failed to recognise a series of racist incidents prior to the assault.”

Full story

The Guardian, 9th September 2010

Source: www.guardian.co.uk

Conman jailed over fake injury compensation claims – The Independent

“A fraudster was jailed today for trying to claim compensation from a number of local councils for injuries he had never suffered.”

Full story

The Independent, 8th September 2010

Source: www.independent.co.uk

Council fined after child injured at Discovery Museum – BBC News

“Newcastle City Council has been fined after a young girl was injured by an exhibit at one of its museums.”

Full story

BBC News, 7th September 2010

Source: www.bbc.co.uk

Giant leylandii in suburban front garden incense neighbours – The Guardian

“Plymouth residents have complained to the council about the 10-metre trees outside David Alvand’s home.”

Full story

The Guardian, 6th September 2010

Source: www.guardian.co.uk

Teen sues over playground accident blamed for personality disorder – Daily Telegraph

“A teenager is suing a council for £100,000 after claiming an accident in her school playground 11 years ago left her with a personality disorder which means she is unable to make friends.”

Full story

Daily Telegraph, 4th September 2010

Source: www.telegraph.co.uk

Review of FA national football centre Burton homes plan – BBC News

“A claim for a judicial review has been lodged into a council’s decision to give planning consent for the National Football Centre in Staffordshire.”

Full story

BBC News, 2nd September 2010

Source: www.bbc.co.uk

Bye-bye to old by-laws – BBC News

“Plans to make it easier for English local authorities to abolish outdated by-laws and create new ones are to be outlined by the government.”

Full story

BBC News, 31st August 2010

Source: www.bbc.co.uk


December 2020
M T W T F S S
 123456
78910111213
14151617181920
21222324252627
28293031  

Categories