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NEWS
This week's edition of Local Government weekly highlights includes coverage of the new Procurement Act 2023 draft regulations and guidance documents. It covers expert analysis on how routine redaction of names of junior civil servants is incompatible with the Duty of Candour in R (IAB & Others) v SoS Home Department & Another, as well guidance on how the Children’s Code Opinion on age assurance interacts with the Online Safety Act 2023 requirements in this regard. Case reports include the dismissal of council’s application for a deprivation of liberty order for a non-mobile and non-verbal child in Peterborough City Council v Mother; dismissal of judicial review of a planning inspector’s decision concerning land in the Green Belt in Ward v Secretary of State for Levelling Up, Housing and Communities and another; and the dismissal of an appeal against a judicial review claim of decision to make two development consent orders relating to offshore windfarms in Suffolk Energy Action Solutions SPV Ltd v Secretary of State for Energy Security and Net Zero. The weekly highlights also includes further updates on Public procurement, Governance, Social housing, Education, Children’s social care, Social care and Planning.
NEWS
This week's edition of Local Government weekly highlights includes the latest developments on local government reorganisation, including MHCLG setting out expectations for Surrey’s unitary transition and planned support arrangements for local government debt. Case analysis includes Leighton Middle School Governors v Independent Appeals Panel of Central Bedfordshire Council on judicial review challenges to school admissions appeal decisions and PZP v HS Academy; STW v IRP on lessons from Independent Review Panel decisions in school exclusion cases. It also includes key developments in education and childcare, including the DfE's request for a CMA review of the English early years childcare market, research on the school-based nursery programme and the Welsh Government plans to expand funded childcare provision. This edition also includes further updates on Local government reorganisation, Education, Governance, Social housing, Children’s social care, Adult social care and Pensions.
NEWS
This week's edition of Local Government weekly highlights includes coverage of the decisions in RHH Ltd v OG Ltd, which involved a judicial determination in a procurement dispute; EM v Havering Part LBC, in which Havering Council's housing decision was held to be unlawful; Howe v Brent LBC, where the Court of Appeal clarified qualification for the right to buy; A Local Authority v The child C where the Family Court made a best interest decision concerning the withdrawal of care proceedings; BC v Mother, where the court upheld care orders and restrictions; AC v SF, where the court balanced family contact and well-being in a best interest decision; Ibrahim v NMC, where the High Court overturned the panel's decision on misconduct and insight; ACC Ltd v Ealing LBC, where the Tribunal overturned Ealing Council's refusal of a dog day care licence. This weekly highlights also includes further updates on Public procurement, Social housing, Children’s social care, governance, Healthcare, Planning, and Licencing.
NEWS
This week's edition of Local Government weekly highlights includes expert analysis of the decision in R (on the application of Dr Marwa Karmakar) and another v Royal College of General Practitioners [2024] EWHC 2211 (Admin) where the High Court ruled that the Royal College of General Practitioners’ (RCGP) policy on disallowing re-sits for trainees diagnosed with a disability after failing exams was irrational and unlawful. This week's edition of Local Government weekly highlights includes expert analysis of the decision in Maisiri (EUSS; Zambrano; 'Realistic Prospect' policy) [2024] UKUT 00235 (AIC) concerning the Upper Tribunal’s ruling on the incorrect application of Home Office’s guidance regarding Zambrano carers and the rights to reside in the UK; R (on the application of LR (Afghanistan)) v Secretary of State for the Home Department (Ukrainian Family Scheme – discrimination, nationality) [2024] UKUT 00236 (IAC) concerning Upper Tribunal’s decision on the refusal of an Afghan national’s application under the Ukrainian Family Scheme and the Homes for Ukraine Sponsorship Scheme, addressing issues of direct discrimination based on nationality. This weekly highlights also include further updates on Judicial review, Education, Social care, Social care, Healthcare, Governance and Highways.
NEWS
This week's edition of Local Government weekly highlights includes expert analyses of the Court of Appeal decision in Rahimi v City of Westminster on surrender of a joint tenancy by operation of law; Montano v Lambeth LBC on discretion in allocation processes and the duty of candour imposed on a public authority; Cotham School v BCC on an academy’s amendment to commons register to be reversed; Churchill v Merthyr Tydfil County Borough Council on non-court based dispute resolution; and the dismissal of a challenge concerning an inspector’s criticisms of site selection search in a solar appeal in Lullington Solar Park Ltd v SLUHC. Case reports include dismissal of an application for a psychologist to undertake a cognitive assessment of a mother in care proceedings in West Northamptonshire Council v The Mother. The weekly highlights also includes further updates on Public procurement, Social housing, Education, Children’s social care, Social care, Healthcare and Planning.
NEWS
This week's edition of Local Government weekly highlights includes case analysis of R (Lyrae) v Somerset Council concerning the recurring question of when a further ‘fresh’ homelessness application amounts to an application at all and Smithstone v Tranmoor Primary School on costs recoverability following split-liability Part 36 offers, with the addition of expert analysis on the Planning and Infrastructure Act 2025 implications for the energy sector. It includes case reports on Hampshire CC v GC concerning the local authority’s duty to maintain an EHCP during temporary relocation and R (Oliver Hawes) v Tower Hamlets LBC concerning the lawfulness of the mayor’s decision to revoke a Low Traffic Neighbourhood Scheme in Bethnal Green. It includes further updates on Social housing, Children’s social care, Education, Planning, Highways, Public procurement, Governance, Local government finance, Adult social care, Healthcare, Licensing and Environmental law and climate change.
NEWS
This week's edition of Local Government weekly highlights includes expert analysis of R (Grantchester PC) v Greater Cambridge Partnership, in which the court found an alleged oral assurance given by a local councillor did not give rise to a legitimate expectation and Bruce v SSE, in which the court considered teacher disciplinary proceedings in sexual misconduct cases and whether the teacher misconduct regulations are fit for purpose. Case reports include Rochdale MBC v Persons Unknown on an injunction renewal against persons unknown to prevent unauthorised encampments and fly-tipping; R (Tortoise Media Limited) v Conservative and Unionist Party, in which the Court of Appeal held that the Conservative Party was not exercising a public function under section 6 of the Human Rights Act 1998 when it elected Liz Truss as leader; R (AY) v Vale of Glamorgan CBC, in which the court considered the entitlement of a parent to be accompanied by a solicitor when attending an IDP review; and Bunyan (Valuation Officer) v Fridays Ltd in which the Court of Appeal considered the scope of the agricultural exemption from business rates. It also includes coverage of the national review of student suicide deaths in higher education, the Welsh government consultation on council tax discounts and exemptions, the new LGA guidance on council public health duties and £3.9bn grant allocation and the MHCLG consultation on reforms to planning committees. There are also further updates on Governance, Education, Local government finance, Planning, Healthcare, Social care, Social housing and Environmental law and climate change.
NEWS
This week's edition of Local Government weekly highlights includes case reports on Blackburn With Darwen BC v BM, where the court dismissed an application for a deprivation of liberty order; Bournemouth, Christchurch and Poole Council v The Mother, where the court refused Care Orders for the removal of children; R (LW) v Islington LBC, where the court rejected a judicial review challenge regarding an EHC Plan; Basingstoke and Deane BC v Loveridge, where the court renewed an injunction against unauthorised encampments; and Birch v Brookfield in which the court considered the legal issues around internal party discipline in local government and the interface with contract law. This weekly highlights also includes further updates on Children’s social care, Education, Governance, Local government finance, Social housing, Social care, Healthcare, Planning, Environmental law and climate change.
NEWS
This week's edition of Local Government weekly highlights includes: case analysis of Norton v London Borough of Haringey, in which the court considers whether an LHA can determine the suitability of offered accommodation if it has not prepared a lawful assessment under HA 1996, s 189A(1) and Surrey CC v R (BC), in which the Court of Appeal provides an overview of the time frames involved for bringing a claim for judicial review, confirmation of when an LA is duty-bound to accommodate a child under ChA 1989, s 20 and clarity on the alternative methods that can be employed to children not deemed a ‘child in need’ and not requiring accommodation. Case reports include Mother v LA (ALC and CoramBAAF intervening), in which the court ruled that it was not in the child’s best interest for the court to make sibling contact order while granting a placement for adoption order for the younger child as it might deter potential adopters; X and Y v BBC, in which the court found BBC’s application for access to documents from care proceedings to be aimed at issues outside scope of court’s functioning and should be pursued through other mechanisms; Anwar v Ealing LBC, in which the court affirmed that construction of a crossover outside the appellant property under HiA 1980, s 184(11) was lawful as statutory provisions do not require consent of adjacent affected property owners; and Smith v Great Yarmouth Magistrates Court, in which the court dismissed an appeal against obstruction of a highway under HiA 1980, s 137 with the central issue being whether land adjacent to Vauxhall Bridge constituted a public highway under HiA 1980, s 31. It also includes latest coverage on the implementation of Awaab’s Law including the government’s consultation response and draft guidance. It includes further updates on Social housing, Public procurement, Education, Local government finance, Social care, Licensing and Planning.
NEWS
This week's edition of Local Government weekly highlights covers publication of the first Procurement Act templates. It also includes expert analyses on the decision of best interests and medical treatment options in North Central London ICB v AA; the quashing of a planning inspector’s ‘special measures’ decision in Uttlesford in Weston Homes v SSHULC and the decision in Clark v Chief Constable of Derbyshire Constabulary on what makes an occupational pension scheme. Case reports include Deane v Newham LBC in which an appeal against the FTT’s refusal to reinstate an appeal against a financial penalty for having control of an unlicensed HMO was allowed; Oxfordshire CC v M on a LA’s application for care order for a child with low cognitive ability parents to remain with foster carers and The Local Authority v B on a LA’s application for DOL provision for a teenager with a history of crime and drugs. This weekly highlights also includes further updates on Public procurement, Governance, Social housing, Children’s social care, Judicial review, Social care, Healthcare, Planning, Local government finance and Environmental law and climate change.
NEWS
This week's edition of Local Government weekly highlights includes the latest developments on local government reorganisation (LGR), including Newcastle-under-Lyme, Lincolnshire and Nottinghamshire councils issuing pre-action protocol letters over LGR decisions affecting their areas, and Harlow Council calling for Essex LGR to be halted while joining Essex County Council's judicial review. It also includes public procurement developments, including Apasen v Tower Hamlets LBC, where the High Court refused to strike out a Procurement Act 2023 claim seeking to set aside direct award contracts, and Cabinet Office plans to modernise the Find a Tender Service. Case analysis includes City of London v 48th Street Holdings, on why pure rate-mitigation ‘box-shifting’ does not amount to occupation for non-domestic rating purposes. Further updates include Local government finance, Governance, Social housing, Education, Children's social care, Adult social care, Licensing and Pensions.
NEWS
This week's edition of Local Government weekly highlights includes the latest developments on local government reorganisation, with the English Devolution and Empowerment Bill receiving Royal Assent and MHCLG publishing letters on next steps for East Sussex, Brighton and Hove and West Sussex, including plans for a further consultation on potential modifications to existing proposals. It includes expert analysis on the legal implications of proposed SEND reforms, on how the government can join up the delivery of its SEND reforms and on key planning points in the English Devolution and Community Empowerment Act 2026. Case analysis includes Ocean One Hundred v New Forest National Park Authority, where the Court of Appeal held that revocation of a certificate of lawfulness was tainted by apparent bias and Jaks Bars v SSHCLG on the overlap between planning and licensing in noise control. Case reports include FYE v Middlesbrough CC; GPZ v Sunderland CC, in which the Upper Tribunal upheld findings that tenancies were contrived to take advantage of the housing benefit scheme. It also includes further updates on Local government reorganisation, Public procurement, Education, Planning, Children’s social care, Adult social care, Social housing, Governance, Local government finance, Licensing and Healthcare.