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NEWS
This week's edition of Local Government weekly highlights includes enhanced coverage on the Supreme Court judgment in The Father v Worcestershire CC, in which the father’s appeal against the care order placing his children in foster care, was dismissed, coverage of the Cabinet Office's final preparations for the Procurement Act 2023, which is set to go live on 24 February 2025 and expert analysis of the Court of Appeal judgment in Hussaini v Islington LBC. Case reports include the decisions in Sheffield CC v The Mother, on the Family Court's ruling that the child experienced significant harm due to parental neglect, meeting the threshold criteria under Section 31 of the Children Act 1989; (R (LR) v Coventry CC where the Court of Appeal quashed the local authority's support assessment for family, citing legal errors and failure to consider children's welfare; Tickle v The BBC concerning the Court of Appeal’s setting aside of an order anonymising judges in family proceedings due to lack of jurisdiction and procedural bias; R (MM) v SSHD in which the Administrative Court upheld the interim relief order for the claimant's accommodation and care support amid judicial review; IS v SSWP in which the Upper Tribunal upheld the decision on PIP entitlement, confirming no error in handling overlapping benefit claims; R (SARCP) v Stoke-on-Trent CC where the Court quashed the local authority's care home fee decision due to inadequate consultation and statutory breaches; Boffey v Dyer on the High Court’s ruling that property used solely for living accommodation remains liable for council tax; and DurhamCC v Stephenson where the High Court granted an interim injunction to prevent ongoing planning control breach in County Durham. The weekly highlights also includes further updates on Public procurement, Education and Healthcare.
NEWS
This week's edition of Local Government weekly highlights includes the launch of the new Local Government—horizon scanner, a forward-looking resource tracking upcoming legislation, significant appeals, consultations and wider sector developments affecting local government law. It also includes the latest developments on local government reorganisation (LGR), including Harlow Council commencing legal action over the Essex LGR plans, Stoke-on-Trent warning that city status could be lost without safeguards in the structural changes order, and the CQC setting out its regulatory approach during LGR. Case analysis includes Canham v Calderdale MBC, on the inapplicability of the apparent bias rule to planning enforcement decisions; Lochailort Kentford v West Suffolk Council, on the relationship between brownfield land register entries and local plan allocation decisions; and Guardians of Whitewebbs v Enfield LBC, in which planning permission for Tottenham Hotspur’s training centre was quashed due to failure to disclose disagreement on biodiversity net gain. Case reports include Adams v North Somerset Council, in which the High Court upheld the council’s parking charges despite a procedural error in consultation. It also includes further updates on Local government reorganisation, Planning, Highways, Social housing, Education, Children’s social care, Governance, Local government finance, Healthcare and Licensing.
NEWS
This week's edition of Local Government weekly highlights continues our coverage of the general election including bills passed during wash-up and guidance for civil servants ahead of the election. It also includes news of newly published guidance on the Procurement Act 2023 and regulations confirming the go-live date of the regime. Cases include Jennifer Dawes v SST on a decision granting development consent for an airport; Enfield LBC v Snell in which an injunction to prevent trespassing and causing nuisance on the local area was granted and lastly, dismissal of an appeal challenging the decision of the Financial Ombudsman to award compensation to an investor in Options UK Personal Pensions Llp v Financial Ombudsman Service Ltd. This weekly highlights also includes further updates on Governance, Education, Healthcare, Planning and Local government finance.
NEWS
This week’s edition of Local Government weekly highlights includes coverage of Northumbria Healthcare NHS Foundation Trust v Revenue and Customs Commissioners, in which the Supreme Court allowed an HMRC appeal, finding VAT chargeable on NHS Trust carparking services and case analysis of R (SK) v Royal Borough of Windsor and Maidenhead, in which the Court rejected the interim order requiring the LA to provide accommodation within 20 minutes travel of hospital due to tragic circumstances and Save Greater Manchester Green Belt Ltd v SSHCLG, confirming that the ‘exceptional circumstances’ test for Green Belt changes is a matter of planning judgment; expert analysis of the publication of Homes for London: A package of support for housebuilding in the capital by the government and Mayor of London and on the government announcement of a consultation on proposed reforms to the Local Government Pension Scheme; case reports on R (Gloria Elsy Rodriguez Robles) v Lewisham LBC, in which the Court upheld the LA’s housing allocation policy for overcrowded households; R (SAG) v Governing Body of Winchmore School, allowing an appeal against the dismissal of a JR claim challenging a school’s GDC decision to uphold a pupil’s permanent exclusion; S v Islington LBC, in which the Court rejected an application to prevent the LA from infant vaccination, rejecting the Article 8 challenge under ChA 1989; and Sidley Medical Practice v CQC, in which the FTT confirmed the suspension of a healthcare provider over regulatory breaches. It includes coverage of the commencement of the first phase of Awaab’s Law and MHCLG’s confirmation of local government reorganisation in Surrey subject to Parliamentary approval. It includes further updates on Healthcare, Social housing, Pensions, Education, Children’s social care, Social care, Public procurement, Governance, Planning, Licensing and Local government finance.
NEWS
This week's edition of Local Government weekly highlights includes enhanced coverage of the Supreme Court decision in D.E.L.T.A. Merseyside Ltd v Uber Britannia Ltd, clarifying operator liability under the PHV licensing regime and case analysis of Adriatic Land 5 Limited v Long Leaseholders at Hippersley Point on BSA 2022 and recoverability of service charges; R (Ellis) v SSJ on prisoner’s right to access education and Blackburn with Darwen BC v M, in which a Care Order was granted after findings of salt poisoning and shaking injury. Case reports include Wathen-Fayed v SSLUHC, in which the Supreme Court considered whether storing cremation ashes in memorial gardens is a ‘crematorium’ triggering restrictions on proximity to dwellings; R (Rights: Community: Action Ltd) v SSHCLG (The Office for Environmental Protection; Green Alliance and Essex Planning Officers' Association, intervening), in which the court found that the written ministerial statement did not unlawfully restrict LPAs under PEA 2008; Kent CC v The Mother, in which the court ruled that a 17–year-old has the right to make decisions about his accommodation and welfare and a DOL order was not in his best interests and would offend ChA 1989; and (Re H (Children) (Findings of Fact) in which the court set aside flawed factual findings in care proceedings due to procedural errors. It also includes coverage of the updated scope and remit document for the Public Procurement Review Service (PPRS); a formal letter issued to LAs on the local government reorganisation proposals with guidance as well as the establishment of an advisory group; revised CA 2014 statutory guidance; and the HCLG Committee report calling for council tax reform and greater fiscal devolution. It includes further updates on licensing, social housing, education, children’s social care, public procurement, governance, social care and local government finance.
NEWS
This week's edition of Local Government weekly highlights includes coverage of key local government announcements in the Autumn Budget, including £500m towards new affordable homes, a £22.6bn increase for DHSC to help ‘fix the NHS’, a £11.2bn increase in resource spending on the education system and £1.8bn to expand government-funded childcare. We also include expert analyses on the decisions in Oracle Security v Barts NHS Trust on limitation periods in public procurement challenges and Tindall v Chief Constable of Thames Valley Police where UKSC held that the police cannot be held liable for ‘making matters worse’ as well as on the ‘washing’ phenomenon and what UK businesses need to know. This weekly highlights also includes further updates on public procurement, governance, social housing, education, children’s social care, social care, healthcare and planning.
NEWS
This week's edition of Local Government weekly highlights includes expert analysis on candour and a secret policy as a response to a judicial declaration in XY v Secretary of State for the Home Department. Case reports include Querino v Cambridge City Council on failure to consider a Cafcass report in reviewing suitability of accommodation, and Barnsley Metropolitan Borough Council v EM and others in which the Council’s application for an order against the respondent father was allowed following his threatening and abusive letters to the court. The weekly highlights also includes further updates on Public procurement, Governance, Social Housing, Education, Children’s social care, Healthcare and Social care.
NEWS
This week's edition of Local Government weekly highlights includes: case analysis of Cifci v London Borough of Sutton, which found the appellant intentionally homeless for leaving long-term accommodation for short-term stay and Staffordshire CC v Jake's Grandmother, in which the High Court refused to continue a DoLs order where a Youth Offender Team was involved, plus expert analysis of four documents published by the government launching the new local plan-making system introduced by Levelling-up and Regeneration Act 2023 and parallel consultations on emergency measures to support housebuilding in London. It also includes further updates on Social housing, Children's social care, Planning, Public procurement, Governance, Education, Healthcare, Social care and Licensing.
NEWS
This week's edition of Local Government weekly highlights includes coverage of the parliamentary process, wash-up and manifesto pledges ahead of the 2024 General Election. It also includes expert analysis on the decision in Wilkinson v Enfield on the local authority’s entitlement to agree to grant a football club a lease of part of a park and the Supreme Court’s decision in Manchester Ship Canal Company Ltd v United Utilities Water Ltd No 2 allowing the appeal against the decision that sewerage undertaker could not be made responsible for unauthorised discharges of untreated water unto canal. Case reports include the dismissal of an appeal concerning competitive tender procedure dispute in Lancashire CC v Brookhouse Group Ltd; a Scottish public procurement dispute concerning loss by unlawful means in Roche Diagnostics Ltd v Greater Glasgow Health Board and Abbot Laboratories Ltd; The LA v The Mother on a care and placement order for transition into ‘stable and enduring placement’ for the subject child; Kirklees MC v A mother on a final care order to protect children from serious physical harm; dismissal of an application for judicial review of a decision to revoke a care home operator’s licence to sponsor skilled migrants in One Trees Estates Ltd v SSHD; CG Fry & Son Ltd v SSLUHC concerning dismissal of appeal against failure to discharge conditions; LIDL Great Britain Ltd v East Lindsey DC in which the grant of planning permission by the council for development of new retail foodstore was quashed; TAN Ltd v SST on challenge to a decision to reduce funding for investment in active travel schemes and finally Shvorob v ICO on dismissal of an appeal against a decision notice issued by the ICO concerning requests to the local authority for information. This weekly highlights also includes further updates on Governance, Public procurement, Children’s social care, Social care, Planning, Environmental law and climate change and Highways.
NEWS
This week's edition of Local Government weekly highlights includes expert analysis of the Supreme Court's landmark decision in A Reference by the Attorney General for Northern Ireland, which departs from the Cheshire West ‘acid test’ for deprivation of liberty and overrules the leading authority in this area. Further analysis includes AA v Waltham Forest, on the limits of personal housing plans and social housing allocation; Richard Dixon v Wakefield MDC, on heritage harm and planning judgment in a solar farm challenge; Huang Binbin v Vale of White Horse DC, on local planning authorities’ discretion not to take enforcement action and the final-form draft regulations and statutory guidance on the national scheme of delegation of planning functions. Case reports include Alice v Devon CC, in which the Court of Appeal upheld the closure of a mental health service, finding that Care Act target duties were not mandatory considerations. This edition also includes further updates on Adult social care, Social housing, Planning, Children’s social care, Local government finance and Healthcare.
NEWS
This week's edition of Local Government weekly highlights includes: case analysis of G (A Child: Scope of Fact-Finding), in which the Court of Appeal considered when a fact-finding hearing is necessary to inform a risk assessment and Saravanamuthu v SSCHLG on a challenge to the validity of a compulsory purchase order. Case reports include Somani Hotels Ltd v Epping Forest DC in which the court lifted the injunction on the use of hotels for asylum seekers and allowed the SSHD to join proceedings as an intervenor; R (Paul Knights) v South Norfolk DC, in which the Administrative Court quashed planning approval for ignoring key evidence; Mole Valley DC v SSHCLG in which the High Court rejected the Green Belt challenge and the application for judicial and statutory review was deemed unarguable; R (SK) v Royal Borough of Windsor and Maidenhead in which the court set aside an interim mandatory injunction in finding that the claimant did not establish a strong case that the current accommodation was unsuitable simply due to one of the child’s temporary inpatient stays in hospital which impeded frequent visits; and Iqbal v Listing Officer Epsom, which upheld the decision that the Class G council tax exemption did not apply to the dwelling in question. Further developments include MHCLG’s launch of consultation on measures to streamline infrastructure planning process and response to the LGSCO Triennial Review declining to make use of revised Complaint Handling Code mandatory; the Cabinet Office’s update of Model Services Contract and Guidance for buyers under PA 2023; DfE notices to improve, guidance on Terrorism Act compliance for the education sector and consultation response on unregistered alternative provision standards. It includes further updates on Social housing, Social care, Education, Healthcare and Governance.
NEWS
This week's edition of Local Government weekly highlights includes: expert analysis on the decision in Welsh Language Commissioner v National Savings and Investments, where the Welsh Language Commissioner challenged the decision to withdraw its Welsh language scheme despite the Commissioner's recommendation. Case reports include the decisions in QA v SOS for FCDO, where the High Court quashed the SOS’s decision on Afghan resettlement due to bias concerns; ZHB v Cardiff City Council, in relation to age assessment; A Local Authority v W, where the Family Court ruled on the threshold criteria for infant's care proceedings despite the mother's pre-birth death; South Tyneside Council v E, where the Family Court granted special guardianship to the maternal uncle in UAE despite the challenges; the Court of Appeal’s decision in Sashi Shashikanth v NHS Litigatin Authority, on the adjudicator's decision on NHS contract dispute; Wallis v North Northamptonshire Council, where the High Court dismissed the out-of-time judicial review claim against planning permissions; and SOS for Work and Pensions v Versnick, where the Court of Appeal upheld a EU national’s right to rely on spouse’s benefit for universal credit. This weekly highlights also includes further updates on Social care, Social housing, Healthcare, Public procurement and Governance.