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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 Social care content

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

Precedents

Letter to GP requesting assessment of capacity to make a Will

[insert name and address of GP][insert date]Dear Dr [insert name of GP][insert full name, address and date of birth of client]I have been consulted by...

26th Sep

Practice notes

The deprivation of liberty safeguards

FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May 2019. This Act amends the Mental Capacity Act 2005,...

26th Sep

Practice notes

Creating a valid LPA

A lasting power of attorney (LPA) is a legal document that enables an individual (the ‘donor’) to appoint one or more people (known as ‘attorneys’ or...

26th Sep

Practice notes

Assessment for residential accommodation

Coronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus (COVID-19) pandemic. For further guidance, see:...

26th Sep

Practice notes

Capacity to marry, cohabit and have sexual relations

Questions of capacity to marry, cohabit, have sexual relations and agree to the use of contraception are clearly highly sensitive and personal issues...

26th Sep

Practice notes

Fact-finding hearings in the Court of Protection

A fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve contested factual issues in the proceedings.When...

26th Sep

Practice notes

Care and support needs assessments

Coronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus (COVID-19) pandemic. For further guidance, see...

27th Sep

Q&As

What is the limitation period for recovery of the Care Act 2014 liabilities?

According to section 69(3) of the Care Act 2014 (CA 2014):‘A sum is recoverable under this section—(a) in a case in which the sum becomes due to the...

28th 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

If an elderly person moves into residential care and the value of their home is disregarded from their means assessment because their spouse still occupies the home, are they entitled to have the value of their home disregarded for a further 12 weeks on their spouse entering care?

Our Practice Note: Care homes—placement options and fees provides a summary on the treatment of property in the means assessment for residential care...

28th Sep

Q&As

On an application under the court’s inherent and parens patriae jurisdiction in relation to an adult, which court form is the application made in?

The court will in certain circumstances judicially intervene whether by the exercise of the inherent jurisdiction of the High Court or the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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

How is part ownership of a working farm treated when assessing an individual’s capital for residential care purposes? Can the surviving family reopen a local authority capital assessment post death?

In answering this Q&A, we have limited our research to the Care Act 2014 (CA 2014), Care and Support Statutory Guidance (the Guidance) and very brief...

Produced in partnership with Warren Shackleton of Network Homes 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

Can costs (including legal costs) incurred by a local authority when providing care and support to an adult be reimbursed if another local authority later accepts that adult is ordinarily resident in its area? Is there a precedent costs order if proceedings need to be issued?

Financial adjustments between local authoritiesIn relation to financial adjustments between local authorities, section 41(3) of the Care Act 2014 (CA...

28th Sep

Q&As