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Bankruptcy petitions—process and procedure

Before the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must be taken to comply with the procedural

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

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been

Assignment and succession of tenancy

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been

Assured and assured shorthold tenancies—granting

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been

Practice notes

Judicial review—what it is and when it can be used

What is Judicial Review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Sep

Practice notes

Possession—anti-social behaviour, nuisance and crime

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

28th Sep

Practice notes

Rights of secure tenants

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

28th Sep

Practice notes

Unlawful eviction and quiet enjoyment

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Produced in partnership with Laura Tweedy of Hardwicke Chambers 28th Sep

Practice notes

Obtaining possession of a secure tenancy

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Produced in partnership with Karl King of Harwicke Chambers 28th Sep

Practice notes

Key considerations in local authority decision making

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

26th Sep

Practice notes

Local authority social care duties

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...

26th Sep

Practice notes

Structure of local government

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

26th Sep

Practice notes

Houses in multiple occupation (HMOs)—mandatory licensing

Mandatory licensingPart 2 of the Housing Act 2004 (HA 2004) places a duty on a local housing authority (LHA) to effectively implement mandatory...

26th Sep

Practice notes

Houses in multiple occupation (HMOs)

‘HMOs are, or are usually, domestic premises originally designed for occupation by one family, which have been converted for occupation by a number of...

26th Sep

Practice notes

Road traffic—order procedure and notices

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

26th Sep

Practice notes

Nuisance on highways

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

26th Sep

Practice notes

Highways, street works and statutory undertakers

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

26th Sep

Practice notes

Maintenance liability for highways

Highways not maintainableThere are some, but very few, highways for which nobody has any liability for maintenance. All other highways are...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors and Alastair Frew of Lodders Solicitors 25th Sep

Practice notes

Licensing of alcohol and entertainment

This Practice Note summarises the application, purpose, content and structure of the Licensing Act 2003 (LA 2003) as it applies to England and...

25th Sep

Practice notes

Standards of highway maintenance

The quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in...

25th Sep

Most recent Health and social care functions content

Practice notes

Safeguarding and the Court of Protection

Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection.What is safeguarding?‘Safeguarding’, in its...

25th Sep

Practice notes

Guide to Care Act 2014 repeals

With the coming into effect of part of the Care Act 2014 (CA 2014) in April 2015 there will be a number of repeals, revocations and cancellations of...

25th Sep

Practice notes

Local authority statutory functions with regard to provision of health services

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...

26th Sep

Practice notes

Local authority social care duties

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...

26th Sep

Practice notes

Commissioning of health and social care by local authorities

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...

26th Sep

Practice notes

Local authority strategic functions in relation to health and social care services

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...

26th Sep

Q&As

Does a local authority retain any duties when it commissions provision of services to a third party?

In answering the above, we have taken into consideration whether there are any legal duties arising from the commissioning of services by a local...

28th Sep

Q&As

Is it possible for a local authority or healthcare provider to pay for or prescribe e-cigarettes?

Electric-cigarettes (e-cigarettes) are currently regulated in the UK as a consumer product which do not require products to be tested before being put...

28th Sep

Q&As

Can a local authority delegate its responsibilities on safeguarding to a joint commissioning body set up pursuant to a s75 NHS agreement?

Under section 75 of the National Health Service Act 2006 (NHSA 2006), local authorities and NHS bodies may enter into a written agreement in relation...

28th Sep

Q&As

What enforcement powers does Monitor have if a 'relevant body' does not comply with their directions?

The National Health Service (Procurement, Patient Choice and Competition) (No 2) Regulations 2013, SI 2013/500 (the Regulations) set out the objective...

28th Sep

Q&As

Does the definition of 'public authority' in the Local Democracy, Economic Development and Construction Act 2009 include NHS Foundation Trusts and NHS Acute Trusts?

In the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009), the only definition of ‘public authorities’ is covered in s 23,...

28th Sep

Q&As

Where an individual lacks capacity, has no appointed attorney or deputy to represent them, but has been assessed by the local authority (LA) as requiring care, but self-funding and placed by them into a care home, what are the LA’s obligations to the individual?

Obligations to adultAssess for care and supportSection 9 of the Care Act 2014 (CA 2014) places a mandatory duty on a local authority (LA) where it...

28th Sep

Q&As

Is the duty imposed by section 46 of the Public Health (Control of Disease) Act 1984 to arrange a funeral for a deceased individual within their area shared with an NHS hospital if the person died in hospital?

Section 46(1) of Public Health (Control of Disease) Act 1984 (PH(CD)A 1984) states that:‘It shall be the duty of a local authority to cause to be...

28th Sep

Q&As

What care services are available to non-EEA visitors?

This Q&A focuses on the application of the ‘Immigration health charge’ imposed by the National Health Service (Charges to Overseas Visitors)...

28th Sep

Q&As

How do I secure nursing home fees in Wales for care given before the Social Services and Well-being Act 2014 came into force on 6 April 2016?

Where a person avails themselves of care and support provided by the local authority, the local authority while having a duty to provide the care is...

28th Sep

Q&As

Does a local authority have an obligation to provide continued respite services to a child with severe learning difficulties and autism who has reached 18 and the child’s parents have requested continuation of these services?

SEN frameworkUnder the Children and Families Act 2014 (CFA 2014) a local authority has a duty to carry out an Education, Health and Care (EHC) needs...

28th Sep

Q&As

Can a local authority provide healthcare services to a GP surgery?

We refer you to Practice Notes: Commissioning of health and social care by local authorities and Local authority statutory functions with regard to...

28th Sep

Practice notes

Coronavirus (COVID-19)—social care tracker

This tracker is focused on social care and is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and...

9th Oct