Church appeals court orders demolition of nursery whose construction was funded by council
|MAKE YOUR MOVE: Join one of London’s most diverse and historically important boroughs at an exciting time - Tower Hamlets is hiring: Head of Commercial and Contracts (to £76,584), Principal Lawyers in Safeguarding - Adults, Safeguarding - Children and Enforcement (all to £64,422), Senior Lawyers in Safeguarding - Adults, Property & Regeneration, Planning, Enforcement, Contracts, Civil Litigation and Safeguarding - Children (all to £48,237), a Practice Manager (to £53,112) and a Practice Officer (to £31,764).
- Leicestershire: Planning & Highways Lawyer (to £44,082) and Commercial Lawyer (to £44,082; maternity cover)
- Portsmouth: Principal Lawyer/Team Leader - Projects, commercial, and procurement (to £56,396).
- Warrington: Senior Property Lawyer (to £46,622) and Enforcement & Regulatory Lawyer and Senior Compliance Lawyer (to £42,806 and £46,622 respectively).
- Wigan: Team Lawyer - People (to £39,961; Children’s social care, Education, Adult social care, Health and Contentious Housing), Lawyer - People (to £32,233), Information Governance Officer (to £32,233) and Trainee Solicitor (£17,724 - £19,718).
- Birmingham: Solicitor - Property (closing: 1 March) and Solicitor - Property (both to £41,846).
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Arches Court of Canterbury rules that nursery funded by London borough and built in 2013 must be demolished because it was built on consecrated ground with graves present; council's behaviour was seen as "reckless" but "just short of contumacious"
President of Family Division to produce guidance on applications for reporting restrictions orders
During hearing of journalist's successful appeal against an order, Sir Andrew McFarlane says he will draw up guidance on how applications about reporting restriction orders should be determined
Council pays damages to settle claims over eviction of pro-life charity from country show
London borough agrees to pay Life £5,000 to settle claims arising from removal of charity's stall from 2018 country show; council also apologises and undertakes not to repeat statements made on Twitter
Former taxi driver fined for failing to disclose prior convictions and revocation of licence
Former taxi driver pleads guilty to four offences of knowingly or recklessly making false statement or omitting material in application to council’s licensing team
Court of Appeal agrees to hear ‘second succession’ case
Court of Appeal gives permission for appeal in case over whether rules governing right to take over social housing tenancy when former tenant dies discriminate unlawfully between widows and divorcees contrary to Article 14 in conjunction with Article 8 ECHR; claimant arguing that High Court judge had been wrong to conclude that he had no status for purposes of Article 14, and did not properly consider the issues of legitimate aim and justification
Heirs of donor of land win Court of Appeal battle over proceeds from site sale
Heirs of donor who gave land for primary school more than 100 years win appeal over whether county council owes them money after disposing of sites and opening new school elsewhere; case concerned two grants of land under section 2 of the School Sites Act 1841, made in 1914 and 1928
MUST-READ IN TRADING STANDARDS: The definition of "commercial practice"
A recent Divisional Court ruling on unfair commercial practices will be of significant interest to trading standards teams across the country, writes Tony Watkin
The legal world’s “perfect” solution to paper-based working that is anything but!
In the legal world PDFs are often seen as the ideal replacement for paper-based systems. But as many have discovered digital workflows underpinned by PDFs come with their own set of challenges....(Sponsored editorial)
CALLING ALL COMMERCIAL, CONTRACTS & PROCUREMENT LAWYERS: There are some great roles:
APPLY TODAY: LGSS Law is hiring: Head of Adult Social Care and Litigation (to £70,000; 6-month FTC; closing: 25 February), Principal Lawyer - Planning & HIghways (to £50,519), Lawyer - Planning & HIghways, Lawyer - Property (both to £45,035), Lawyer - Children (to £44,300; Shefford), Lawyer - Children (to £44,300; Northampton), Lawyer - Adult Health and Social Care (to £43,035), Principal Paralegal - Children (to £35,186), Paralegal - Adult Health and Social Care (to £30,756) and Paralegal - Childcare (to £27,358; closing: 22 February)
Rules committee consults on enforcement of possession orders and aligning court procedures
Civil Procedure Rule Committee launches consultation on enforcement of possession orders and alignment of procedures in County Court and High Court
High Court extends car-cruising injunction for two more years
Injunction banning car cruising in Black Country to remain in place for further two years; after receiving evidence of its effectiveness, but also of continuing issues, judge said he was "entirely satisfied” that the injunction should be continued
Dispute over sale of right to buy property at undervalue heads to court
London borough to bring legal challenge against resident to whom it claims it sold right-to-buy flat too cheaply
Judge gives reasons for rejecting application for judicial review of consultation on SEND provision
High Court judge sets out his reasons for dismissing application for permission to bring judicial review of council's consultation on future of services for children and young people with special and educational needs and disabilities in its area; judge concludes there was no serious issue to be tried and that claim was brought prematurely
NHS procurement body names council-owned ABS to legal services framework
NHS Commercial Solutions appoints Essex Legal Services and 18 law firms to four-year legal services framework agreement following competitive tender procedure
BOOK NOW: FTB Annual Planning Forum - Francis Taylor Building - London - 25 March.
LOOKING FOR A TRAINING CONTRACT: Waltham Forest
(£25,746) and Wigan
(£17,724 - £19,718) are hiring.
Town council defeats legal challenge over discounted pitches for long-term traders
Town council successfully defends in court its right to offer discounted pitches to long-term market traders; claimant argued that there had been lack of consultation
Judge quashes decision of inspector to grant prior approval for agricultural barn change
High Court judge quashes decision of planning inspector to grant prior approval for changing agricultural barn into flexible commercial use, it is reported
Council settles case over treatment of five children at specialist school
Local authority offers to apologise and pay compensation to families of five children who were alleged to have suffered ill-treatment at specialist school, it is reported; however, there was no admission of liability
Attorney General kick-starts competition for London A, B and C panels for civil work
Attorney General plans to appoint new members to his London panels of junior counsel to undertake civil work for government departments; membership open to both barristers and solicitors with appropriate qualifications
See all of our most recent news stories
High Court judge grants permission for judicial review challenge over Oxford-Cambridge Expressway
Judge grants permission to wildlife trust for judicial review claim against government over Oxford to Cambridge Expressway; claimant seeking to challenge failure to commission Strategic Environmental Assessment or Habitats Regulation Assessment as part of process of selecting ‘Growth Corridor’ (within which Expressway and associated housing will be built)
Council ordered to pay £150k after wall collapse injures girl
Borough in Essex ordered to pay more than £150,000 in fine and costs after brick boundary wall it part-owned collapsed and seriously injured six-year-old girl
Council declines to review signage despite successful appeal over "confusing" bus gate signs
Essex County Council has no plans to review signage on bus gate despite driver winning appeal against penalty charge on grounds that signs were confusing
Ombudsman criticises council for standard of safeguarding investigation
Council’s safeguarding investigation “was not robust enough” after care workers did not follow emergency procedures to ensure vulnerable woman received correct medical attention, Local Government and Social Care Ombudsman finds
NHS procurement body names Essex Legal Services to framework agreement
Council to hire firm to advise on appointment of housing contractor
Attorney General kick-starts competition for London A, B and C civil panels
This week's analysis
Homelessness and the need to consider a “foreseeable future”
The Court of Appeal recently considered whether local authorities, when reaching homelessness decisions, must consider matters that can be determined with reasonable confidence as the “foreseeable future”. Aadhithya Anbahan
Improving ethical standards
, Estelle Dehon
and Dr Alex Williams
analyse five key recommendations from the Committee on Standards in Public Life's recent report on local government ethical standards in England.
Can I get my kids back?
examines the way a Family Court judge dealt with an application for the discharge of a care order.
Where does the inherent jurisdiction end?
The Court of Protection team at 39 Essex Chambers
analyse a bid to appeal an interim judgment on the inherent jurisdiction and the extent to which unwise decisions made by capacitous adults can and should be overridden by the courts.
London at night
Will London authorities buy into the London Night Time Commission report findings? Paddy Whur
looks at its key conclusions and recommendations.
Tackling vacant and derelict land in Scotland
examines proposals from the Scottish Land Commission that could help local authorities in Scotland take action over vacant and derelict land.
READ THE LATEST EDITION OF INSIGHT:
This issue, which can be viewed here
- The challenges to local authorities posed by the shortage of mid-level lawyers, and the strategies teams can adopt in response.
- An interview with Suki Binjal, President of Lawyers in Local Government , on her varied career at public sector organisations across the country and how LLG has evolved.
- How local government lawyers can make the most of management roles.
- Hilary Irving on the reasons why the first ABS in the North of England, First North Law, was set up.
The first area under the spotlight in this issue is Child Protection
. Julien Foster
looks at the pitfalls in public law proceedings and how local authorities can avoid them, while Graham Cole
calls for action as more and more child care lawyers suffer from stress, anxiety and burnout.
We also look at current issues around Place
, including analysis by Cornerstone Barristers’ Matt Hutchings QC
of the role of local authorities in housing supply, and Chris Plumley
of Trowers & Hamlins on what can be done to unlock stalled development sites.
Click here to access Insight. Also available to download as a pdf
Catch up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: The thinnest of legal ice – restricting contact and the MCA
Adult Social Services: The inherent jurisdiction, deprivation of liberty and conditional discharges
A recent court case highlights the risks to public bodies seeking to restrict contact without the authority of the court, writes Alex Ruck Keene.
Adult Social Services: MCA breaches: paying the price?
, Paul McGough
and Sarah Woods
look at the lessons to be learned from a High Court case where breaches of the Mental Capacity Act led to the award of more than £20,000 in damages.
analyses a case that considered whether the High Court’s inherent jurisdiction can be used to authorise a deprivation of liberty of a patient with capacity who is subject to a conditional discharge under the Mental Health Act 1983.
Careers: A chance to make a difference
Hesitant about taking on management responsibilities? V. Charles Ward
explains how it gave a real boost to his career, and gives some pointers for those taking their first steps.
Children: Sibling groups and care proceedings
highlights important recent guidance - called Beyond Together or Apart
- that considers the approach to be taken in care proceedings towards sibling groups.
Children: Local authorities and s.38(6) assessments
The Court of Appeal has issued a timely reminder in a case where a judge had ordered a local authority to fund a s.38(6) assessment, writes Rebecca Cross
Children: s20: Some welcome guidance from the Supreme Court
analyses the Supreme Court’s guidance on s20 of the Children Act provided by its decision in Williams v London Borough of Hackney. (on Public Law Today
Children: Taking the strain?
Local authority child care lawyers are being overwhelmed by the rise in care proceedings and a crisis could be looming. Graham Cole
calls for more to be done on staff well-being. (on Public Law Today
Community Safety: Gang injunctions, human rights and standards of proof
Dispute Resolution: The scope of litigation privilege and ‘purely commercial discussions’
The Court of Appeal recently rejected a legal challenge brought on human rights grounds over a gang injunction obtained by Birmingham City Council. Jonathan Manning and Ayesha Omar explain why.
‘Purely commercial discussions’ within an organisation regarding settlement of a dispute prior to litigation are not protected by litigation privilege, the Court of Appeal has clarified. Nicola Hollick c
onsiders the implications.
Dispute Resolution: Not so taxing after all
The Court of Appeal has held that additional hours provided by a university by way of reasonable adjustments for disabled students should be included in consideration of exemption from Council Tax. Catherine Meenan
analyses the judgment.
Dispute Resolution: Recent developments with Part 36
Part 36 is the provision that keeps on giving - or taking away…, writes John Appleyard
Education: SEN update
There have been a number of important decisions regarding children with Special Educational Needs (SEN) likely to be of interest to schools and colleges. Erin Smart
provides a helpful summary.
Education: Ofsted and its complaints procedure
Ofsted has successfully appealed a ruling that its complaints procedure was unfair for some schools. Katie Michelon
looks at the lessons to be learned.
Education: Home schooling in England and Wales
Legal changes are afoot in relation to home schooling. Dr David Sykes
and Dr Samantha Davey
look at the issues for local authorities and analyse what is in store.
Employment: Good Work Plan – some legal changes confirmed
The Government has now published the draft legislation which will bring some of the commitments made in the Good Work Plan into force. Phil Allen
explains the key points.
Employment: Good Work Plan - changing employment law
The Good Work Plan moves us a step closer to the implementation of the reforms recommended in last year's Taylor Review. Phil Allen
explains what is involved.
Employment: Serious misconduct: undertaking an effective conduct investigation
provides some top tips for an effective conduct investigation concerning serious misconduct.
Governance: Three ways through the labyrinth of functions and responsibilities
considers how local authorities can best review their approach to functions and responsibilities under the Local Government Act 2000.
Governance: Not just back to the future
analyses the key findings in the Committee on Standards in Public Life’s report on local government ethical standards.
Governance: Practical tips for local government re-organisation
Local government re-organisation and the transition from two tiers of local government in to a single tier unitary authority is a big undertaking, which necessitates looking at numerous practical considerations. Karl Edwards
looks at some of the practical considerations to consider when looking at moving to a unitary model.
Governance: Through the looking glass
Rosalee Dorfman Mohajer
looks at the implications of the Cliff Richard judgment against the BBC and South Yorkshire Police for local authorities when they share information with the press. (on Public Law Today
Health: NHS Trusts and apologies
The Care Quality Commission has fined a NHS Trust for failing to apologise. Jake Richards
considers the lessons from the case.
Health: The NHS Long Term Plan - Procurement and Competition
The NHS Long Term Plan raises some interesting issues for anyone involved in procurement and bidding in the health sector, writes Mary Mundy
. (on Public Law Today
Housing: Assessing the impact of the Homes (Fitness for Human Habitation) Act 2018
New legislation provides a further reason for a raft of disrepair claims, write Matthew Wilson
and Sian Evans
Housing: Finding a national housing policy – Shelter from the storm?
considers the key findings of the Shelter Commission's report on social housing and examines two key policy areas that need addressing.
Housing: Damages and Article 8
The High Court has dismissed a claim for damages in respect of accommodation provided under section 17, Children Act 1989 which was alleged to be in breach of Article 8. Clare Cullen
Information Law: Making GDPR British
New regulations set out the UK’s post Brexit data protection landscape. Ibrahim Hasan
sets out the key points.
Information Law: Revised s.45 Code of Practice under FOI
highlights the key points from the new version of the s.45 FOIA Code of Practice.
Licensing: The High Court on the Uber app and plying for hire
The High Court has held that use of the Uber app does not amount to plying for hire. Philip Kolvin QC
explains why a council's appeal was rejected.
Licensing: Cross-border hiring
Philip Kolvin QC
examines Uber’s successful appeal against Brighton and Hove City Council's refusal of a licence.
Licensing: Limited life licences: the verdict
Philip Kolvin QC
reports on the outcome of a case where a licensing sub-committee decided to grant a licence for a shorter period than the applicant had requested.
Management: Striking out in a new direction: Setting up an ABS
What does it take to set up a legal services alternative business structure? Hilary Irving
of North Yorkshire County Council outlines the risks and rewards. (on Public Law Today
Planning: What to do about poor air quality?
The Court of Appeal recently decided that the Communities Secretary was not obliged to call in a planning application for a development that might affect air quality. Simon Ricketts
analyses the ruling.
Planning: PDRs and telephone kiosks
The High Court has clarified the extent of permitted development rights for telephone boxes. Saira Kabir Sheikh QC
and Mark Westmoreland-Smith
explain the significance of the ruling.
Planning: Viability: speed of delivery matters
examines a planning inspector's decision on the weight to be given to the Draft London Plan and whether a late stage review was justified.
Planning: Self-builds, CIL and commencement notices
A council has won a High Court ruling over whether a self-builder was liable to pay the Community Infrastructure Levy. Hashi Mohamed
Procurement & Contracts: Ups and downs
and Tim Care
examine a recent case where the court ruled that an automatic suspension in relation to a contract award should remain in place.
Procurement & Contracts: What does a 'deal' or 'no deal' mean for you?
and Juli Lau
consider the practical steps contracting authorities should consider taking in preparation for Brexit, 'deal' or 'no-deal'.
Projects: What's next for UK projects?
, Nicola Sumner
and Roseanne Serrelli
look at the ramifications of the Chancellor’s decision to bring an end to PFI and PF2.
Projects: State aid and regeneration projects
identifies some solutions to the key issues around state aid and local authority regeneration projects.
Projects: The importance of Place and revenue growth for local government
and David Hutton
outline how local authorities can - and must - utilise their Place-making roles to ensure their future financial viability. (on Public Law Today
Property: Tied up in knots
Japanese knotweed is an invasive problem - and legal headache - for local authorities and other large landowners in the public sector, writes Chris Moss
Property: Unlocking stalled development sites
Regulatory: A valuable alternative to prosecution: the Environment Agency and civil undertakings
explores some of the most common traps in relation to stalled development sites and suggests some effective solutions. (on Public Law Today
Property: A market snapshot
and Clive Pearce
look at the lessons to be learned from recent topical legal cases and other changes in the real estate market of relevance to local authorities. (on Public Law Today
Property: Rating ATMs and similar facilities
Steven Gasztowicz QC
analyses a recent Court of Appeal ruling on the rating of ATMs and similar facilities - or whether ‘Holes in the Wall’ give free money to government.
Civil sanctions in environmental law: what are they and why do they matter? Tim Green
and Gus Baker
Transport & Highways: Transferring interests in highways
The Supreme Court has handed down a ruling in a dispute between two London councils and Transport for London on the extent of the transfer of a 'highway'. David Elvin QC
explains the outcome.