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JOBS OF THE WEEK: North Hertfordshire is hiring an Advisory and Litigation Lawyer and a Contracts Lawyer (£32,721-£44,136 pa). This is an exciting time to join the council, with the district set to grow.
Possession order "not needed to evict from Part VII accommodation"
Relief for local authorities as majority of Supreme Court say order not needed to evict those given interim accommodation while enquiries made. See also: Supreme Court rejects human rights challenge over rule on notices to quit Longstanding rule in Monk not incompatible with European Convention on Human Rights
Judge blasts lack of judicial resources to meet care proceedings timings
High Court judge refused to embark on final hearing in complex child care case, blames Parliament and Government for failure to provide judges with resources to meet new deadlines
Court of Appeal holds unlawful part of allocation scheme adopted by council
Setting of qualification criteria was subject to 'reasonable preference' duty
First full, three-way integration of councils gets green light from councillors
Legal and governance to be among first services to be shared
President of LLG stands aside pending outcome of appeal in employment costs
County council lost employment case brought by senior lawyer
Landlord ordered to pay £280k after breaching enforcement notices on flats
Defendant had built outbuilding and converted it into six small flats without obtaining planning permission
ALMO defeats challenge to increase in cost of discretionary leasehold services
Annual charge had been raised from £50 to £190 to cover costs
Judge rejects attack on planning permission for incinerator in London
High Court judge rejects claim that council erred in consideration of "very special circumstances" required by NPPF for grant of permission on Metropolitan Open Land
Environmental health team prosecutes unlicensed tattooist for inking 13-year-old girl
APPLY TODAY: The closing date for the role of Senior Solicitor - Planning & Environmental at Southampton is Monday, 17 November. There are other fantastic job opportunities at the moment:
INTERIM ROLES: Commercial Contracts Lawyer, Planning Solicitor, Childcare Lawyer, Newly Qualified Planning Lawyer and Adults Lawyer. To see all roles on LGL, click here.
MORE NEWS STORIES....
Tougher sentences proposed for health and safety, food safety offences
Sentencing Guidelines Council suggests fines of up to £20m for corporate manslaughter and £10m for fatal health and safety offences
Communities Secretary ends corporate governance intervention in council
Move comes now Doncaster Children's Services Trust is fully up and running
Consultation on light-tough regime for alcohol sales by community groups
Community and Ancillary seller's Notice would also apply to providers of overnight accommodation such as a B&B
City council rejects application by Wetherspoons to vary licence
Operator sought to reduce hours for as long as late night levy applies
Guidance published for litigation friends on workings of Court of Protection
Document was commissioned by Department of Health for IMCAs, RPRs, other non-legal advocates and family members or friends
Welsh Government consults on draft regulations for Welsh language students
First Minister hails "clear legal rights" in drive to improve services
Health Secretary breached equality duty in regulations for charging overseas visitors
Claimant would have qualified for Home Office support but for fact he was disabled, which meant support had to come from local authority
Law change so that 17-year-olds in police custody treated as minors
Campaign means 17-year-olds will be placed in local authority care, not in overnight detention
Inspectorates call for less bureaucratic approach to DoLS in Wales
DCLG to pursue deemed discharge of conditions despite council opposition
Housing association names four firms to £2.4m legal services framework
See all of our most recent news stories
EVENTS OF THE WEEK:
ADULT CARE LAWYERS: There is just a week left to complete our survey on the Care Act 2014. You can remain anonymous and you will be entered into a draw for a £50 John Lewis voucher. The survey takes no more than 15 minutes.
FEATURED SUPPLIER: Legal Document Translation provide you with a proven, trouble-free translation process. We work for local authority legal departments throughout the UK.
New articles on Local Government Lawyer
What is a “dwelling”?
Matt Hutchings and Nicola Margiotta discuss the recent Supreme Court decision on eviction from 'interim accommodation' provided under Part VII of the Housing Act.
A strict test for compliance: access to information requirements
The High Court has quashed planning permission for a wind turbine because the council involved failed to make information available beforehand, in breach of its legal obligations. Jon Baines reviews the case.
Highway agreements, adoption and liabilities
A Court of Appeal ruling has raised the significance of negotiating s. 38 highways agreements, writes Antonia Murillo.
The new Public Contracts Regulations 2015 look to codify the law on contract amendments. Katie Bray considers the provisions and principles.
Service charge consultation back on track
The Court of Appeal has handed down an important ruling on the obligation on landlords to consult tenants when proposing to carry out sets of 'qualifying works'. Ranjit Bhose QC analyses the judgment.
Binding communications about pay
Can an employer be contractually bound by the communications of an HR consultant? Yes, said the Employment Appeal Tribunal in a recent case involving a local authority, writes Michelle Bowen.
Holiday pay and overtime
The Employment Appeal Tribunal has handed down an important judgment on the calculation of holiday pay and whether it should include overtime payments. Sarah Lamont looks at the key points.
Revised s. 182 guidance from the Home Office
Andy Woods looks at the revised guidance issued by the Home Office under Section 182 of the Licensing Act 2003 and in particular in relation to cumulative impact policies.
The limits of paternalism
The Court of Protection team at 39 Essex Street look at the lessons from a High Court ruling in a case where a local authority sought declaratory relief sanctioning of a birth plan in respect of a vulnerable adult.
Demystifying State Aid
Local Partnerships has been working with a law firm to develop a state aid flow wall chart to assist public bodies. Rob Hann explains why.
Keeping the NHS in public hands
A group of bodies including NHS England has put forward proposals to meet an expected £8bn funding gap for the NHS. Jeanette Whyman analyses the plans.
New courses on Local Government Law TV
All courses are CPD-qualifying. Your first course is FREE.
|Whistleblowing in the Public Sector
||This presentation examines the effect of the law(s) intended to facilitate whistleblowing and to protect whistleblowers, and provides guidance to public authorities on how to prepare for and respond correctly to a disclosure.
|Overage - Preserving Value
||This webinar introduces the viewer to the concept and practice of overage, its pros and cons and compares its use with other methods of retaining an interest in the future value of property assets.
Departmental subscriptions from £249 + VAT for 12 months unlimited access (LLG members). Click here for details.
The latest blogs...
Supreme Court case may affect pre-application consultation by Angus Walker
This entry reports on the first Supreme Court case on consultation, which may have implications for pre-application consultation under the Planning Act 2008.
Walney wind farm gains consent as A160 breaks records
Been away? Features on Local Government Lawyer recently include:
Adult Social Services: Capacity and s. 117 MHA: now and in the future
Two county councils recently fought a High Court battle over capacity and s.117 MHA 1983. The Court of Protection team at 39 Essex Street
analyse the ruling and look at the future under the Care Act.
Children: Childcare proceedings, legal aid and proper representation
Last month the President of the Family Division said the state had "washed its hands" over a lack of legal aid for parents with learning disabilities who faced the removal of their child. Allan Norman
analyses the ruling.
Children: Food, Glorious Food
provides an update on new regulations on school lunches.
Community Safety: Anti-Social Behaviour – the new reforms
In this first of two articles Andrew Lane
looks at the new ASB “tools” introduced by the Anti-social Behaviour, Crime & Policing Act 2014.
Employment: Shared parental leave and pay
looks at the new statutory provisions on shared parental leave and pay, due to come into force on 1 December 2014.
Governance: Consultation – safe passage across the Grimpen Mire
The Supreme Court recently considered for the first time the public law principles in relation to consultation. Nicholas Dobson
examines the outcome.
Healthcare: The Nearest Relative and requests for discharge
The Court of Appeal has clarified important issues in relation to the service by a nearest relative of a request for discharge under the Mental Health Act, writes Michael Paget
Housing: Out of borough placements: Nzolameso v City of Westminster
The Court of Appeal recently rejected a challenge by a homeless mother to a London borough's offer of temporary accommodation near Milton Keynes. Ian Peacock
Licensing: Closing time?
reports on two important measures in the Anti-Social Behaviour, Crime and Policing Act 2014 that affect the licensing industry.
Litigation: Varying a Part 36 offer – All or Nothing?
The defendant in a recent personal injury case successfully varied its part 36 offer, but it is a risky strategy, writes Jamie Whaling
Planning: Ground (f) appeals and planning enforcement
The Court of Appeal has ruled on the scope of ground (f) appeals in planning enforcement appeals and of the deemed planning permission under s.173(11) in cases of under-enforcement. Landmark Chambers
summarises the case.
Procurement: Insights into evaluating tenders
A London council recently defended a procurement claim over a housing repairs and maintenance contract worth some £177m. Colin Ricciardello
analyses the Technology and Construction Court's ruling and considers the importance of careful debriefing.
Projects: The national planning policy for waste
and Philippa Plumtree-Varley
consider the outcome of the DCLG consultation on national waste planning policy.
Property: CIL: the clock is ticking
As new 'deadlines' approach for the introduction of the Community Infrastructure Levy, have councils given themselves a health check? Stuart Shortman
of nplaw explains.
Snap judgement: Do you expect to be employed within an ABS in five years' time?
Click here to vote now
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