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NEWS
This week's edition of Local Government weekly highlights includes coverage of the new National Procurement Policy Statement and the reissue of Procurement Policy Notes ahead of PA 2023 coming into effect on 24 February 2025 plus expert analysis of the decisions in Airwave v Secretary of State, where the court considered permission for late re-amendments to a statement of case in an emergency network contract dispute; R (Simpson) v NHS Mid and South Essex ICB, where the court clarified the standard of reasonableness review in NHS Continuing Healthcare challenges; R (MV) v Lewisham LBC in which the High Court quashed outdated housing policy decision at the request of the defendant; Khan v D'Aubigny, where the Court of Appeal clarified the application of statutory and contractual provisions regarding the service of tenancy documents, including the use of deemed service clauses and the common law presumption of service by post; R (Swansea CC) v Educational Tribunal for Wales in which the court found the correct route of challenge against a review decision of the Education Tribunal for Wales regarding a SEN statement is via statutory appeal rather than judicial review; and Mead Realisations v SSHCLG, where the court upheld the orthodox approach to planning guidance. Case reports include Working on Wellbeing Ltd Trading as Optima Health v SSWP where the Court of Appeal found the DWP failed to exercise discretion by not seeking clarification of obvious errors in Optima’s tender, leading to wrongful exclusion from competition; London Borough of Enfield v Snell, where the court granted an injunction to safeguard and support the Meridian Water Regeneration Project; and Trower v Elmbridge Borough Council, where the court declared Elmbridge Borough Council's PSPO unlawful due to the omission of river warning dispensation; R (Nash) v King's Lynn and West Norfolk BC) where the court found refusal of McKenzie friends to hearing and delay did not breach the claimaint’s Article 6 ECHR rights; R (CWJ) v Director of Legal Aid Casework (MIND intervening) in which an application was dismissed for judicial review of decision not to grant exceptional case funding for representation before a review panel regarding the claimant son’s permanent exclusion from school; R (Al-Ajeel) v LGSCO in which the court found that the judicial review claim against the Ombudsman’s decision did not merit permission due to lack of prospect of success and being out of time; and CT (by his Litigation Friend the Official Solicitor) v Lambeth LBC (Mind intervening) in which the court determined that declarations by the lower court regarding CT’s capacity were erroneous as the statutory process was not followed. This week's highlights also include further updates on Healthcare, Social housing, Education, Governance, Children's social care, Social care and Planning.
NEWS
This week's edition of Local Government weekly highlights includes case analyses on Jones v Birmingham City Council and another, in which the Supreme Court confirmed that applications for gang injunctions do not require the criminal standard of proof to satisfy the requirements of Article 6 ECHR; R (SSWP) v Eveleigh in which the Court of Appeal overturned the finding that a survey was a consultation on the government’s disability strategy; Braintree DC v SSHD which considered contempt of court proceedings relating to failure to comply with a planning injunction and R (Velayuthan) v LB Southwark, in which it was confirmed that the date on which decision to grant planning permission is notified can be amended post-grant. The weekly highlights also includes further updates on Governance, Social care, Public procurement, Education, Social housing, Children’s social care, Healthcare, Planning and Licensing.
NEWS
This week's edition of Local Government weekly highlights includes expert analyses on the decisions in KTS v GB of a School which related to on Reasonable Adjustments or Special Educational Provision; WWAG v North Northamptonshire Council on the felling of trees protected by a tree preservation order and Parkes v Dorset Council on dismissal of judicial review regarding the mooring of the Bibby Stockholm barge in Dorset. Case reports include ECPAT UK v Kent CC on lawfulness of the council’s conduct in accommodating unaccompanied asylum-seeking children and, finally, Kelly v Secretary of State for Work and Pensions concerning rejection of a claim to bereavement benefits. This weekly highlights also includes further updates on Education, Public procurement, Governance, Children’s social care, Planning, Healthcare, Licensing and Local government finance.
NEWS
This week's edition of Local Government weekly highlights includes: expert analysis on the Labour Government’s response to the Levelling-up and Regeneration Bill consultation on implementation of plan-making reforms. Additionally featured is the Cabinet Office’s publication of guidance on the National Security Unit for Procurement (NSUP), established under the Procurement Act 2023 (PA 2023), which is responsible for the relevant national security provisions under PA 2023; and The Crown Commercial Service (CCS) has set out how the CCS is supporting Small and Medium-sized Enterprise (SME) participation in public sector AI procurement, in line with the new requirements under the Procurement Act 2023 (PA 2023). Case reports include Thomas v Cheltenham BC, where the court dismissed an appeal on mobile phone mast installation despite EMF impact oversight; A London Borough v A Mother, where the court found the father responsible for infant's injuries in care proceedings; Lambeth LBC v M, where the court found no proof of drug administration by mother but upheld child protection orders due to safeguarding failures; and Calderdale MBC v LS, where the court ruled that the woman lacked capacity for key life decisions, notes fluctuating capacity in some areas. This weekly highlights includes further updates on Social housing, Education, Governance and Environmental law and climate change.
NEWS
This week's edition of Local Government weekly highlights includes: enhanced coverage of the Supreme Court decisions in In the matter of an application by JR87 and another for Judicial Review, in which the Supreme Court held that statutory religious education and collective worship in a Northern Ireland primary schools breached human rights and Simkova v SSWP where the Supreme Court unanimously dismissed an appeal regarding entitlement to the child element of Universal Credit, as the child lived outside the UK. It includes case analysis of International SOS Assistance UK Ltd v SSD, concerning a successful application submitted by the contracting authority under PCR 2015, reg 96 to lift the automatic suspension; Haytop Country Park Ltd v Amber Valley BC, confirming that caravan site licensing must align with planning permissions and enforcement decisions and Mr Stephen Luck v Bracknell Forest BC clarifying the operation of the CIL self-build exemption. It includes case reports on R (Coventry CC) v SSHD in which the court dismissed the council's challenge against the SSHD's actions in placing asylum seekers in Coventry and R (Master Zo) v London Borough of Hounslow, in which the court granted permission for judicial review of an asylum seeker age assessment, as well as analysis on the consultation on reform to the planning statutory consultee system and LGPS urging clarity and collaboration in TPR's new enforcement approach. This week's highlights also includes further coverage on Education, Social care, Planning, Governance, Children's social care, Social housing, Healthcare and Licensing.
NEWS
This week's edition of Local Government weekly highlights includes case analysis of DELTA Merseyside Ltd & Veezu Holdings Ltd v Uber Britannia Ltd, in which the Court of Appeal discharged a High Court declaration requiring private hire operators to contract as principals with passengers for booked journeys under LG(MP)A 1976. Case reports include Global 100 Ltd v Ross, in which the UT dismissed an appeal against rent repayment orders, rejecting the argument that the LHA qualified for an HMO licensing exemption under HA 2004; Schroeder v Dyer (Valuation Officer) in which the UT held that a property selling Christmas trees did not qualify under the agricultural exemption from business rates and Epping Forest DC v Somani Hotels Ltd, in which the High Court granted an interim injunction over the use of a hotel as asylum seeker accommodation which may amount to a material change of use in breach of planning controls. News coverage includes the CfGS's call for stronger accountability provisions in the English Devolution and Community Empowerment Act and the appointment of Baroness Valerie Amos to lead a national investigation into NHS maternity and neonatal services following systemic care failures. It includes further updates on Social care.
NEWS
This week's edition of Local Government weekly highlights includes expert analysis on the decisions in AB v Westminster CC on the suitability of accommodation for residents with support animals; A Multi Academy Trust v RR on school amendments in the Equality Act 2010 concerning reasonable adjustments for disabled pupils; and VT v NHS Cambridgeshire and Peterborough Integrated Care Board and another on determination of interests of an elderly patient’s residence and care arrangements prior to medical evidence being obtained. Case reports include the dismissal of a local authority’s application to strike out a claim on failure to remove claim in SZR v Blackburn With Darwen Borough Council; A Local Authority v D regarding a mother’s application for arrangements to made to allow her to attend child care proceeding hearings in relation to her minor children despite her being considered a potentially violent person; LC v Merton London Borough Council in which permission for judicial review concerning the lack of specificity in the Educational Health and Care Plan was granted; the dismissal of an appeal against the Valuation Tribunal for England’s decision to refuse challenge to council tax bands in Clark v Bunyan; finally of McLeish and another v Secretary of State for Environment, Food and Rural Affairs, on dismissal of an application under the Wildlife and Countryside Act 1981 to challenge the inspector’s decision to confirm an order made by the council. The weekly highlights also includes further updates on Public procurement, Social housing, Education, Healthcare, Children’s social care, Planning, Governance and Local government finance.
NEWS
This week's edition of Local Government weekly highlights includes the latest developments on local government reorganisation, including Essex County Council’s expected challenge to the Greater Essex reorganisation proposals and a draft Order laid to amend the date from which linked disposal and contract values are taken into account for control directions. Case analysis includes Re X and Y (Children: Adoption Order: Setting Aside), in which the Supreme Court confirmed the approach to the revocation of adoption orders and Spiropoulos v LGSCO, in which the court found that an alternative statutory remedy does not bar the Ombudsman’s jurisdiction where outside of the court’s remit. Case reports include AA v Waltham Forest LBC, in which the Court of Appeal held that social housing allocation steps fall outside the scope of personal housing plans. It also includes further updates on Local government reorganisation, Children’s social care, Social housing, Adult social care, Education, Governance, Local government finance, Local authority prosecutions, Licensing, Planning and Healthcare.
NEWS
This week's edition of Local Government weekly highlights includes expert analysis of the decisions in Kerr v Poplar HARCA on whether the court had jurisdiction to vary a suspended possession order (SPO) to make an outright order for possession on the grounds of anti-social behaviour, and Smallbrook v BCC where the court examined the tension between proposals seeking to reuse and repurpose buildings and those seeking to demolish and rebuild them. Case reports include the decision in Nottingham CC v Housing 35 Plus Ltd where the court ruled that co-operative society's management structure failed to meet HMO licensing exemption requirements; Cygnet Health Care Limited v CQC on applications to amend judicial review grounds after permission had been granted, in accordance with CPR 54.15, PD 12.1, and PD 12.4; CG Fry & Son Ltd v SSLUHC on an appeal concerning habitats regulations and the discharge of planning conditions and, finally, Wyldecrest Parks Management Ltd v North Northamptonshire on a decision regarding licensing conditions for a residential caravan site. This weekly highlights also includes further updates on Public procurement, Social housing, Children's social care, Social care, Governance and Planning.
NEWS
This week's edition of Local Government weekly highlights includes expert analysis on the decision in R (ECPAT UK) v Kent CC on judicial monitoring of compliance with orders in judicial review proceedings and includes information on the Department of Health and Social Care’s approach to updating the Care Act 2014, statutory guidance. This weekly highlights also includes further updates on Education, Public procurement, Social care and Local government finance.
NEWS
This week's edition of Local Government weekly highlights includes expert analysis on South Oxfordshire DC v Fertre, concerning a procedural error where an appeal was brought against the wrong local authority and University of Bristol v Dr Robert Abrahart on universities’ duty of care obligations. We also include coverage of the Supreme Court’s decision in Re RM, where refusal to discharge and continued detention in hospital was held to be lawful. Case reports include dismissal of a housing association's appeal against reduction in proposed rent increase in Peabody Trust v Welstead; dismissal of judicial review of the adequacy of accommodation provided by the local authority to a couple with disabilities in AB v Westminster City Council; M v X Local Authority on child exposure to adult sexual material constituting child sexual abuse; Barnsley Metropolitan Borough Council v JK and others on determination of parentage in course of the Children’s Act 1989; a best interests declaration in A Hospital Trust v A Mother; and dismissal of an application to question the validity of a planning inspector's decision in Lullington Solar Park Ltd v Secretary of State for Levelling Up, Housing and Communities and another. The weekly highlights also includes further updates on Social housing, Education, Social care, Children’s social care, Healthcare, Governance and Planning.
NEWS
This week's edition of Local Government weekly highlights includes case analysis of the Supreme Court's decision in Lewis-Ranwell v G4S Health Services (UK) Ltd and others, in which the court unanimously held that a negligence claim arising from unlawful killings was barred by the doctrine of illegality, alongside case analysis of City of London Corporation v Bussandra, where the Court of Appeal clarified the correct approach to assessing whether mental illness can preclude a finding of intentional homelessness, and of R (Gloria Elsy Rodriguez Robles) v Lewisham LBC, in which the High Court upheld the lawfulness of changes to a housing allocation scheme following substantive policy reform. It also includes news analysis of the latest consultation on proposed reforms to the National Planning Policy Framework, examining their potential implications for planning decision-making, housing delivery and environmental requirements. It includes further updates on Adult social care, Social housing, Planning, Education, Children's social care, Local government finance, Governance, Licensing, Highways and Healthcare.