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NEWS
This week's edition of Local Government weekly highlights includes coverage of the Supreme Court judgment in Darwall v Dartmoor National Park Authority, confirming that section 10(1) of Dartmoor Commons Act confers a public right of access which extends to wild camping as a form of open-air recreation plus expert analysis of Vanhove v SSE and TRA, in which the High Court outlined the correct approach to be taken when considering an appeal against teaching prohibition orders; RP v Barnsley MDC, in which during an EHC Plan appeal, a bundle pagination error amounted to a procedural irregularity and error of law; the CA case of J v Bath and North East Somerset Council on the necessity of a DOLs order where all parties with parental responsibility consent; Tesco v SMBC, which considered the interpretation of the sequential test in retail planning; and Greenfields (IOW) Ltd v Isle of Wight Council, finding that failure to publish a section 106 agreement could put planning permission at risk. Case reports include R (Siderise Insulation Ltd) v The Mayor and Burgesses of the Royal Borough of Kensington and Chelsea, in which the court granted permission for a judicial review of the LA’s decision to prohibit Siderise products in its construction projects based on an arguable inconsistency with PCR 2015; R (Stoke Mandeville Parish Council) v Buckinghamshire Council, in which the court quashed the LA’s decision granting planning permission for a residential development, finding that the LA misinterpreted the Vale of Aylesbury Local Plan Policy on loss of existing sports and recreation facilities; Ealing LBC v The Father, in which the court determined the best outcome for a child under a special guardianship order combined with a rare, co-existing care order to the LA; and Mayor and Commonality and Citizens of The City of London v 48th Street Holding Ltd, in which a debt claim brought by the City of London to recover unpaid non-domestic rates and for declaratory relief was dismissed. The weekly highlights also includes further updates on Public procurement, Education, Social care, Planning, Children’s social care, Governance, Pensions, Social housing, Licensing and Environmental law and climate change.
NEWS
This week's edition of Local Government weekly highlights includes coverage of public procurement, including case reports on the latest judgments in The New Lottery Company v Gambling Commission, in which the High Court found no manifest error in the National Lottery licence award and Mitie Care and Custody v Home Secretary, in which the High Court lifted the procurement suspension, as well as coverage on updated scope and remit documents. It includes expert analysis of KTS v Milby Primary School Governors, on the UT's approach to anonymity orders and the identification of schools in SEND appeals; Moran v Medway Council, on the Court of Appeal's clarification of TCPA 1990, s 70 and duplicate merits consideration; ABB v Home Secretary, in which the Court of Appeal awarded the claimant all of his costs in a judicial review challenging a visa decision; and NHS SW ICB v XY, on the scope of welfare deputy powers over internet and social media use. Case reports include the decisions in Chigwell Parish Council v Epping Forest DC, in which the High Court refused a challenge to a retirement scheme and held that no EIA was required; Heart of Wales Care Ltd v Swansea, in which the High Court found a council's care home fee uplift unlawful for failure to comply with the statutory code; and ZHB v Cardiff CC, in which the High Court upheld an age assessment challenge. It also includes expert analysis on biodiversity net gains reforms including consultation responses on smaller schemes and NSIPs and the brownfield exemption proposal, plus further updates on Public procurement, Education, Planning, Judicial review, Adult social care, Children's social care, Social housing, Governance, Local government finance, Healthcare, Highways and Pensions.
NEWS
This week's edition of Local Government weekly highlights covers new practical guidance on preparing for the Procurement Act 2023 which comes into force on 24 February 2025. It also includes expert analyses of the decisions in Calderdale MBC v Cheshire EBC which involved the courts determining the relevant local authority in care proceedings based on the child's ordinary residence; Hayes v Tower Hamlets, a judicial review challenge of the decision made by the Mayor of Tower Hamlets (MTH) to remove a neighbourhood low traffic scheme following a public consultation; and Re Jones v Wrexham County Borough Council where the Court of Appeal confirmed that there is no duty on local planning authorities in Wales to adopt a local development plan which an inspector upon examination has recommended for adoption. Case reports include One Medicare v NHS Northamptonshire ICB, concerning contractual and regulatory framework governing the provision of healthcare services and the responsibilities of NHS bodies in ensuring compliance with statutory duties; R (Ivory) v Welwyn Hatfield BC, where the Court of Appeal (Civil Division) allowed the claimant's appeal against a High Court decision that refused permission for judicial review of the Council's rejection of a homelessness application under section 183 of the Housing Act 1996; and Zurius v SSHSC, where the King's Bench Division addressed a claim alleging wrongful disclosure or negligent failure to prevent access to the claimant's private medical information at an NHS walk-in centre. The weekly highlights also includes further updates on Children’s social care, Governance, Social housing, Social care, Local government finance, Healthcare, Education, and Planning.
NEWS
This week's edition of Local Government weekly highlights includes latest developments on local government reorganisation, including Hertfordshire County Council's response to the four-unitary decision, Leicestershire County Council taking legal advice on a possible challenge and Rochford District Council supporting Essex County Council's judicial review as an interested party. It also features public procurement developments, including updated Cabinet Office guidance on contract valuation and payment reporting under the Procurement Act 2023 and case reports including Cornwall Council v SSHCLG, where the High Court upheld a funding clawback decision for procurement breaches; Prime Way Care v Southwark LBC on disclosure of rival bid evaluations in a procurement challenge; and Cyberfort v HMCTS where the High Court lifted an automatic suspension. Expert analysis includes R (Bano) v Waltham Forest LBC in which the Supreme Court held that the main housing duty ceases automatically on acceptance or refusal of a qualifying private rented sector offer and Thomas v Lewisham LBC on nominations agreements for purpose-built student accommodation schemes. It also includes further updates on Local government reorganisation, Public procurement, Social housing, Planning, Education, Governance, Local government finance and Adult social care.
NEWS
This week's edition of Local Government weekly highlights leads with the announcement of the General Election for 4 July 2024. It includes expert analysis on the decision in Pickford v Sandwell MBC on the suitability of B&B accommodation for homeless applicants. Case reports include Campbell v Ealing London Borough Council an unsuccessful appeal against dismissal of judicial review of the local authority’s decision to withdraw temporary accommodation funding; Ealing London Borough Council v AH on withdrawal of care proceedings concerning child with serious medical complications; National Council for Civil Liberties v SSHD on a judicial review claim against strengthened police powers concerning protests; Adam v Cheshire East Council on failure to comply with an injunction order to cease use of land for residential purposes; and finally dismissal of an appeal against planning permission for construction of a crematorium in the Green Belt in Wathen-Fayed v SSLUHC. This weekly highlights also includes further updates on Social housing, Healthcare, Education, Children's social care, Governance, Judicial Review, Public procurement, Planning and Licensing.
NEWS
This week’s edition of Local Government weekly highlights includes: a case analysis of the Supreme Court case of C G Fry & Son Ltd v Secretary of State for Housing, Communities and Local Government, confirming national planning policy cannot override rights granted by outline planning permission and that regulation 63 of the Habitats Regulations applies to later planning stages; Friends of the Lake District v Lake District National Park Authority, affirming a balanced approach to conservation and planning judgment in National Parks; and The Mayor and Burgesses of the London Borough of Wandsworth v Young (by his litigation friend the Official Solicitor), in which the Court of Appeal dismissed an appeal against a possession order, stating that Parliament has laid down specific requirements in section 193 of the Housing Act 1996 regarding cessation of the main housing duty and that section 184 notification requirements did not apply in such cases. News includes: DfE has published updated guidance for local authorities on the children in need census for 2025–2026; publication of the Post-16 Education and Skills White Paper, outlining reforms to address skills gaps; MHCLG guidance on Awaab’s Law for timely social housing repairs; draft regulations to direct data centres into the NSIP regime; and CCS updates on SME support, supplier relationship management and anti-slavery procurement guidance. It also includes further updates on Planning, Social housing, Children’s social care, Education, Public procurement, Governance, Healthcare, Social Care and Environmental law and climate change.
NEWS
This week's edition of Local Government weekly highlights includes expert analysis on post-adoption contact in Re S (Placement Order Contact), the planning implications of the English Devolution Bill and Welsh housing policy reforms. It also covers key case law developments, including Waltham Forest v John on civil penalties under licensing schemes and R (on the application of Sarah Moakes) v Canterbury City Council and another on JR in AONB decisions, together with Appeal trackers on Test Valley Borough Council v Fiske and R (on the application of Sabhya Bano) v Waltham Forest LBC. Updates span Ofsted’s renewed inspection framework, CQC enforcement, childcare payment eligibility, NHS manager regulation, housing eligibility changes linked to international evacuations, cladding remediation deadlines, social security exemptions, teacher pay orders, devolution rollout and the cabinet Office’s 100 million pounds innovation squads initiative. It further includes updates on children’s social care, planning, social housing, education and licensing.
NEWS
This week's edition of Local Government weekly highlights includes expert analyses on the decision in Bain v Secretary of State for Transport concerning a judicial review of the approval for the A38 Derby Junctions project. Case reports include the decision in Roche Diagnostics Ltd v Greater Glasgow Health Board where the Court ruled on judicial review claim against decision to abandon procurement process; the decision in Lumb (SSB) v NHS Humber and North Yorkshire ICB where the court determined whether the standard authorisations of property and affairs deputyship included management of direct payments from a personal health budgetin Sing Tze Moh v Rimal Properties Ltd which concerned the date and time of a defence in a rent repayment case; and the decision in R (on the application of the Welsh Language Commissioner) v National Savings and Investments which involved the Court’s ruling on a judicial review of Welsh language scheme withdrawal. This weekly highlights also includes further updates on Education, Healthcare, Social housing, Social care and Governance.
NEWS
This week's edition of Local Government weekly highlights includes the latest developments on local government reorganisation (LGR), with five Leicestershire councils issuing a pre-action letter preserving their right to challenge the government's preferred LGR proposal for Leicester, Leicestershire and Rutland, and the County Councils Network setting out priorities for the government's review of the LGR programme. Public procurement developments include expert analysis of Involve v DWP, on re-moderation, causation and conflicts management in procurement, a claim concerning the National Heritage Memorial Fund's award of a contract to Workday, and the Cabinet Office's updated Sourcing Playbook financial viability risk assessment tool. Further case analysis includes Girdler v Caerphilly CBC, in which the High Court upheld the council's library closure decision, confirming the court's reluctance to interfere with strategic local authority choices where relevant statutory duties and guidance have been conscientiously addressed. Further updates include Governance, Education, Highways, Planning, Environmental law and climate change and Local authority prosecutions.
NEWS
This week's edition of Local Government weekly highlights includes the Cabinet Office’s announcement of 28 October 2024 as the provisional go-live date for the new procurement regime. Expert analyses include R (Re: AK) v Westminster City Council on legality of a local authority’s housing policy, and in Low Carbon Solar Park 6 Ltd v SSLUHC & Uttlesford DC, an unsuccessful challenge to a planning inspector’s refusal of permission for a solar park. Case reports include a successful appeal against a financial penalty imposed concerning failure to comply with improvement notice where the notice was not in fact received in Tabassam v Manchester City Council); case report of the decision in TTT v X Michaela Community School Trust which dismissed the claim that refusal to allow prayer on school premises breached the claimant’s rights under Article 9 of the European Convention on Humans Rights; Re: A (A Child) (Fact-Finding: Head Injury) in which the parents’ appeal was allowed following fact finding in case concerning abusive head injury the child; the case of a capacity assessment to make decisions on residence, sexual relations and marriage in Local Authority A v ZZ; dismissal of the defendants’ application to strike out a claim against them alleging negligence concerning duties of care in Lukes v Kent and Medway NHS & Social Care Partnership Trust; and lastly, the dismissal of an appeal of members of public sector pension schemes on new schemes replacing legacy schemes being classed as employee costs in British Medical Association v HMT; The Fire Brigades Union v HMT. This weekly highlights also includes further updates on Public procurement, Social housing, Education, Children's social care, Social care, Healthcare, Local government pensions, Licensing and Planning.
NEWS
This week's edition of Local Government weekly highlights includes case reports on the decision in Barker v Shokar on challenging a rent repayment order made by the FTT on the basis that the house is not an HMO; dismissal of an appeal against a prohibition order prohibiting from teaching indefinitely in Hart v Secretary of State for Education; an injunction being granted in Richmond-upon-Thames LBC v Trotman preventing the anchoring of a vessel within three metres of Thames riverbanks; the Supreme Court granting permission to appeal in R (Spitalfields Historic Building Trust) v LBTower Hamlets; and the dismissal of an appeal regarding the proposed development of an onshore element of a windfarm in R (on the application of Substation Action Save East Suffolk Ltd) v Secretary of State for Energy Security and Net Zero and others. The weekly highlights also includes further updates on Social housing, Education, Public procurement, Social care, Governance and Planning.
NEWS
This week's edition of Local Government weekly highlights includes expert analysis on the decision in YVR v Birmingham CC on a discrimination challenge over a social care charging policy. Case reports include DJ v Barnsley Metropolitan BC on an appeal on the decision that the local authority was vicariously liable for abuse suffered in care with relatives; the dismissal of a father’s application to re-open fact findings involving the death of a child in parents’ care in BM v A Local Authority; All Saints Academy v Ofsted on dismissal of an academy’s Judicial Review on its Ofsted rating and, finally, Tallington Lakes Ltd v South Kesteven District Council on dismissal of an appeal on payment of license fee under the Caravan Sites and Control of Development Act 1960. The weekly highlights also includes further updates on Social care, Children’s social care, Education, Public procurement, Governance, Social housing and Licensing.