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NEWS
This week's edition of Local Government weekly highlights includes: case analysis of Halton Borough Council v SSHCLG, in which the Court of Appeal confirmed withdrawal following an expert's change of evidence is not unreasonable conduct for costs in planning inquiries and Luton and District Association for the Control of Aircraft Noise v SST, in which the court clarified the application of Finch to aviation emissions in dismissing the challenge to an airport expansion DCO. Case reports include Mayor and Burgesses of the London Borough of Tower Hamlets v Various Leaseholders of Brewster House and Malting House, in which leaseholders who purchased flats under the RTB scheme were found not liable for structural defect costs; City of London Corp v John Bussandra, in which the court overturned the determination that Bussandra was intentionally homeless in considering the test for ‘deliberateness’ in relation to mental illness; and Hitchings v Orton, in which the Administrative Court clarified that regulation preventing proposals on matters previously determined by VTE includes predecessor valuation tribunals. It includes further updates on Social housing, Planning, Local government finance, Public procurement, Governance, Education, Children’s social care, Healthcare, Social care and Licensing.
NEWS
The first edition of Local Government weekly highlights of 2024 includes expert analysis on the updated National Planning Policy Framework (NPPF). Case reports include the decisions in R (on the application of Cox) v Forestry Commission on refusal of permission for judicial review of the Forestry Commission's decision to continue use of clear-felling and deforestation of New Forest National Park; Phoebe Cottam v Lowe Management Ltd on an appeal against the decision of the FTT on a rent repayment order application arising from the licensing regime for HMOs; R (BC) v Surrey County Council and R (DF) v Essex County Council on the duty of an LA to provide accommodation to a ‘child in need’; Re W (a child) (care proceedings) in which a mother was refused permission to appeal against a special guardianship order; and R (Together Against Sizewell C Ltd) v Secretary of State for Energy Security and Net Zero on dismissal of an appeal against refusal of permission for judicial review of an order giving consent for construction of a nuclear power station. The weekly highlights also includes further updates on Planning, Judicial Review, Social housing, Education, Children’s social care, Social care, Healthcare and Licensing.
NEWS
This week's edition of Local Government weekly highlights includes coverage of key Labour policies relating to local government following the general election. Case reports include FDA v Minister for the Cabinet Office in which it was held that there is no rule that civil servants should refuse to carry out instructions on grounds of violation of international law; Hughes v HMRC on HMRC’s applications for claims of malicious prosecution and misfeasance in public office; A Local Authority v MB in which the authority’s application for a declaration to dispense notification to wider family members of the existence of a child was allowed; Greenwood v ICO concerning an appeal against ICO notices on requests for information on the resigned Secretary of State for Health and Social Care’s communication with an employee; Ryan v ICO on dismissal of an appeal against ICO’s decision notice on NHS invoices; Jaffe v Tingdene Marinas Ltd on the dismissal of an appeal of a decision concerning protection under Mobile Homes Act 1983 and finally, P Nash v Secretary of State for the Environment, Food & Rural Affairs on an appeal against a notice identifying a river as polluted due to water drained in from a farm. This weekly highlights also includes further updates on the General election, Public procurement, Governance, Social housing, Children’s social care, Healthcare, Planning and Environmental law and climate change.
NEWS
This week's edition of Local Government weekly highlights includes the latest developments on local government reorganisation, including Suffolk County Council issuing a pre-action letter challenging the government's local government reorganisation plans and the County Councils Network calling for greater transparency on reorganisation decisions. Expert analysis includes Glenbrook v Wigan MBC, in which the High Court found no procedural unfairness despite unpublished planning documents. It also includes further updates on Local government reorganisation, Planning, Children's social care, Education, Social housing, Governance, Adult social care, Licensing and Highways.
NEWS
This week's edition of Local Government weekly highlights includes: case analysis of R (AA) v Waltham Forest LBC, which sets out that judicial review is correct route to challenge section 189A plans under HA 1996; Chidswell Action Group v Kirklees Council, in which the court quashed planning permission where the section 106 agreement was not published pre-decision and Wild Justice v Pembrokeshire Coast NPA, in which the court quashed planning permission due to the authority's failure to publish a key ecological report. Case reports include R (AN) v Barking and Dagenham LBC, in which the court found the housing assessment breached statutory duties under HA 1996, CA 2004 and EqA 2010; R (Andrew Rickards) v East Hertfordshire DC, in which the court allowed a judicial review challenge of the LA's prior grant of approval to erect Green Belt polytunnels; R (Anaesthetists United Ltd) v GMC, in which the court rejected a judicial review application questioning whether GMC acted lawfully in implementing regulatory powers under Anaesthesia Associates and Physician Associates Order 2024 and A Local Authority v A Mother and others, in which the court rejected the LA care order applications in finding the parents' travel plans did not constitute unreasonable parenting. It also includes Ofsted's announcement of major changes to education inspection frameworks, the Education Committee's launch of an inquiry into early years sector reforms and further updates on Social housing, Healthcare, Public procurement, Education, Governance, Social care and Environmental law and climate change.
NEWS
This week's edition of Local Government weekly highlights includes Government updates on preparations for Procurement Act 2023 go-live in February 2025 and the latest guidance documents for the Procurement Act 2023 published by the Cabinet Office. Case reports include the decisions in DF v Essex CC, challenging the refusal to provide a child accommodation; Simpson v NHS Mid & South Essex ICB, where the court dismissed a claim for judicial review against the NHS Integrated Care Board’s decision on continuing care; and Enfield LBC v Persons Unknown, where the court granted an interim injunction to prevent ‘car cruising’. This weekly highlights further includes updates on Healthcare, Social care, Social housing and Governance.
NEWS
This week’s edition of Local Government weekly highlights includes updates on the confirmed £78bn Final Local Government Settlement, the first Local Outcomes Framework and MHCLG’s statutory consultation for local government reorganisation proposals across 14 areas. It also updates on published Ministry of Housing, Communities and Local Government guidance on local supported housing strategies, the Housing, Communities and Local Government Committee’s report calling for a new Decent Home Programme and Senedd’s passage of the Homelessness and Social Housing Allocation (Wales) Bill. Case analysis of Tower Hamlets v Leaseholders of Brewster House and Malting House and of City of London v Robinson Webster (Holdings) Ltd is included. This edition also includes further updates on Local government finance, Governance, Social housing, Education, Children’s social care, Adult social care, Public procurement, Planning and Healthcare.
NEWS
This week's edition of Local Government weekly highlights includes analysis of the proposed reforms and implications under the technical consultation to modernise planning committees plus case analysis of For Women Scotland v Scottish Ministers, which held that Equality Act 2010 provisions refer to biological sex regardless of their gender recognition certificate; Re Transport Action Network Ltd v SST, in which the High Court clarified the scope and procedure for the Secretary of State’s review of National Policy Statements; and R (Shaman) v Lambeth LBC, which provided guidance on temporary permitted development rights. Case reports include Cotham School v Bristol CC, in which the court ruled on an order brought by a school academy to amend Bristol City Council’s commons register for playing field; R (Captain Lee Jones) v Shropshire Council concerning a judicial review of the LA’s decision to issue and serve a Community Infrastructure Levy stop notice requiring cessation of building works due to unpaid CIL; Leveritt v Hackney LBC, in which the court considered an application by a LA for an extension of time and variation of order for specified repair works made by the County Court; R (BC) v Surrey CC, in which the court allowed the LA’s appeal finding that BC was not a looked after child and therefore did not qualify for advice and assistance under section 24 of the Children Act 1989; and Rogers v Wills, which considered unjust enrichment by care giving services filed by the claimant against the executor of their late mother’s estate. It also includes coverage of the repeal of the Vagrancy Act 1824 by Spring 2026 to decriminalise rough sleeping in England and Wales, DHSC’s consultation response on regulations tackling modern slavery in NHS procurement, the first AI guidance for schools and MHCLG’s consultation response on remote attendance and proxy voting at local authority meetings. It also includes further updates on Planning, Social housing, Healthcare, Education, Environmental law and climate change and Local government finance.
NEWS
This week's edition of Local Government weekly highlights includes the latest coverage on local government reorganisation and public procurement. Case analysis includes JR87 and another for Judicial Review, in which the Supreme Court held the provision of religious education in a NI primary school contravened human rights; Duffy v Birmingham CC, in which the court held that failure to tick the box certifying compliance with the indemnity principle does not of itself invalidate the bill of costs; CLT v LB Hounslow, in which the court found that the LA acted unlawfully in failing to treat a bereaved child as ‘looked after’ despite having a private fostering arrangement; and Dharmeshkumar v SSHCLG on the CPR 52.6 test for permission to appeal from the Planning Court. Case reports include KTS v Governing Body of Milby Primary School in which the UT allowed an appeal and permitted publishing the decisions naming the school in disability discrimination case, emphasising primacy of open justice; MB v Hertfordshire, in which the UT found an error of law in refusal to include additional provisions in an EHC plan; Housing 35 Plus Ltd v Nottingham CC, which dismissed an appeal on HMO licensing exemption in finding the management committee structure insufficient; and NHS South-West ICB v XY, in which the court refused to extend the welfare deputy’s authority to internet and social media use. This edition includes further updates on Local government reorganisation, Public procurement, Education, Governance, Children’s social care, Planning, Social housing, Adult social care, Local government finance, Licensing and Pensions.
NEWS
This week's edition of Local Government weekly highlights includes breaking news that the coming into force of the Procurement Act 2023 has been postponed until February 2025. It also includes expert analysis of the decision in DJ v Barnsley Metropolitan Borough Council, the Court of Appeal ruled that the local authority could be held vicariously liable for the abuse committed by a foster parent who was a relative of the claimant; the decision in Re PQ (court authorised DOL: representation during review period) where the court ruled that the claimant needed an independent representative to avoid breaching Article 5, appointing the Official Solicitor to safeguard the claimant’s rights and the decision in R (Mehta) v RB Kensington & Chelsea where the High Court upheld the council’s decision to revoke a Certificate of Lawful Proposed Use or Development (CLOPUD) due to materially false information submitted with the application. Case reports include R (on the application of Seabrooke Manor Ltd) v The Care Quality Commission concerning the courts dismissal of the claimant’s judicial review against the CQC decision; Sammut v Next Steps Mental Healthcare Ltd where the Court dismissed a Human Rights Act claims against a private care homes as not exercising a public function, XY v Nursing and Midwifery Council where the High Court upheld the Nursing and Midwifery Council’s (NMC) decision to suspend a nurse for 12 months due to health concerns. This weekly highlights also include further updates on Social care, Education, Governance, Local government finance, Public procurement and Social housing.
NEWS
This week's edition of Local Government weekly highlights includes the latest public procurement developments, with IfG analysis on how departments could support the government's procurement agenda by strengthening commercial pipelines, early market engagement, innovation, procurement data and commercial capability. Case reports include Blackburn with Darwen BC v AD, where the High Court scrutinised deprivation of liberty arrangements for a child in an unregulated placement; Enfield LBC v Edwards, clarifying the ordinary residence test for EHCP responsibility between local authorities; and GNY v Hammersmith and Fulham Council, in which the Upper Tribunal upheld an FTT decision on an EHCP against a procedural fairness challenge. Further updates include Public procurement, Children's social care, Education, Local authority prosecutions, Social housing, Planning, Local government finance, Adult social care and Healthcare.
NEWS
This week's edition of Local Government weekly highlights includes expert analysis of The Father v Worcestershire CC in which the Supreme Court considered habeas corpus in care proceedings; Higgs v Farmor’s School in which the Court of Appeal found dismissal of a teacher for Facebook posts expressing gender critical beliefs discriminatory; and Welwyn Hatfield BC v West & Central Hertfordshire Magistrates’ Court which restated the law on licensing appeals in relation to de novo hearings, policies and the law on departure from policy. Case reports include R (Sabhya Bano) v Waltham Forest LBC in which the court found Bano’s refusal of a private rented sector offer to result in an automatic cessation of the housing duty owed by the LA; R (MV) v Lewisham LBC in which the court found that the claimant did not provide sufficient evidence to show the only course of action was emergency housing; Mendip Property Management Ltd v Bath & North East Somerset Council dismissing an appeal against a notice from the LA imposing a £10,000 penalty on Mendip for failure to comply with the duty to belong to a client money protection scheme when undertaking property management or letting agency work; SSHD v Almas in which the court held that the SSHD unlawfully detained the claimant and breached her Article 9 ECHR rights; R (Bournemouth Christchurch and Poole Council) v LGSCO in which the court upheld the LGSCO’s report criticising the local authority for not ensuring that Free Early Education Entitlement hours are provided free of charge to parents; A Council v The Mother in which the court determined the most suitable and secure option for the children’s long term welfare was adoption; Stanuszek v Bunyan in which the court held that each room of an HMO should be assessed as separate dwellings for council tax purposes; Hill v South Cambridgeshire DC dismissing an appeal determining that the listing of land as an Asset of Community Value (ACV) was correct; and South Oxfordshire DC v Smith finding that the defendant breached an injunction and that the separate planning appeals process was not directly relevant to the committal application for contempt. It also includes further updates on Public procurement, Children’s social care, Education, Licensing, Social housing, Governance, Social care and Environmental law and climate change.