Legal


Court rules adoption service ‘discriminated against’ couple 09/12/2019 A court has awarded a couple £120,000 in damages after their local adoption service turned them away because of their Indian heritage.
Councils could lose millions in utilities repayments after court ruling 04/12/2019 Local authorities could be facing repayments worth millions of pounds to council tenants in excess water charges, after a High Court ruling last week.
London council sues contractors for £130m over ‘fire safety failings’ 29/11/2019 Camden Council has launched legal action against a group of contractors over ‘multiple fire safety failings’ that led to the evacuation of the Chalcots Estate two years ago.
Council wins battle to ban anti LGBT protests 26/11/2019 Birmingham City Council has won a court battle to permanently ban anti-LGBT protests outside a local primary school.
Council secures ‘unusual’ legal order against home improvement firms 07/11/2019 Gateshead Council has used a little-used piece of legislation to take enforcement action against two home improvement agencies.
Councils spending more than £4m on SEN tribunals 28/10/2019 Local authorities spent £4.3m on handling and contesting special educational needs tribunals last year - an increase of nearly a quarter compared to the year before.
Ashford BC’s local plan ‘legally sound’, court rules 11/10/2019 The High Court has rejected a case brought against Ashford Borough Council’s local plan, which the court concluded was legally ‘sound’.
Home Office urged to review abortion clinic buffer zone decision 09/10/2019 Charities and medical bodies have today written to the Home Secretary to ask for an ‘urgent review’ of a decision taken last year not to install buffer zones around abortion clinics.
Glasgow faces legal battle over homeless services 03/10/2019 Shelter Scotland has launched a legal battle against Glasgow City Council over failures in its homelessness service.
Councils vs network operators? 01/10/2019 The Electronic Communications Code reduces red tape, but in doing so it cuts the potential revenue property owners stand to make and risks pitting local authorities against operators. Zoe Wright reports.
Biffa fined for £350,000 over contaminated China shipment 30/09/2019 Waste management firm Biffa has been fined £350,000 for trying to send contaminated household waste to China.
Facing up the future? 27/09/2019 Sue Chadwick urges local authorities to think hard before using Automatic Facial Recognition technology on publicly owned land and buildings.
Named person scheme dropped 20/09/2019 A mandatory named person scheme for every child in Scotland – underpinned by law – will not now happen, deputy first minister John Swinney has announced.
Funding boost for councils to crack down on illegal green belt development 13/09/2019 Councils will receive nearly £2m to help tackle illegal development on the green belt.
High Court overturns Highworth election result 09/09/2019 Swindon Borough Council has welcomed a High Court decision to overturn an election which saw the wrong candidate elected as a councillor.
Hackney to take developer to court 02/09/2019 A London borough is preparing to take legal action against a developer over fire safety fears in a block of flats.
Lawyers warn 100 local authorities over climate change plans 02/09/2019 Environmental lawyers have threatened legal action against 100 local authorities across England unless they introduce new climate change plans.
New rules to increase housing deal transparency 02/09/2019 Councils will be legally required to publish deals with housing developers after new rules were introduced.
Council accused of acting ‘unlawfully’ over housing of homeless people 20/08/2019 Glasgow City Council has been threatened with legal action over its failure to provide homeless people with temporary accommodation.
Council loses appeal to keep publishing fortnightly newspaper 09/08/2019 Hackney Council has lost its final legal appeal to keep publishing its fortnightly newsletter, Hackney Today.
Councils accused of ‘criminalising’ businesses over rates arrears 05/08/2019 Local authorities are ‘criminalising’ struggling businesses such as pubs and shops by taking them to court over non-payment of business rates, a real estate advisor claims.
Council tenant fined £100,000 for illegal sublet 30/07/2019 A council tenant has been fined £100,000 and evicted from his property by Westminster City Council after he illegally sublet his flat through Airbnb.
Court date set for councils' £2bn tax dispute with NHS trusts 08/07/2019 A court date has been set for the long-running legal dispute between councils and NHS trusts over rates relief.
Council apologises for misinforming homeless teenager about their rights 05/07/2019 Essex County Council has apologised for turning away homeless children from care following a judicial review and has committed to better train its social workers.
Councils 'failing' to prosecute rogue letting agents 04/07/2019 The association representing landlords has accused local authorities of failing to prosecute rogue letting agents.
One in three councils fear funding for legal duties will 'run out’ 02/07/2019 A third of councils fear they will run out of funding to provide statutory services, such as adult social care, by the end of this Parliament, survey reveals.
Birmingham City Council and Amey reach £300m deal 01/07/2019 Birmingham City Council has reached an agreement with Amey which will allow the outsourcing company to buy its way out of its highways contract for £300m.
Council to appeal 'town hall Pravdas' ruling 14/06/2019 Waltham Forest LBC will appeal after a judge backed Government attempts to stop it publishing a council newspaper every two weeks.
London Councils welcome drug dealers being jailed in ‘landmark’ slavery case 15/05/2019 Three ‘county lines’ drug dealers have been sent to prison in a landmark case using the Modern Slavery Act.
Councils call for tougher punishments for fly-tippers 13/05/2019 People convicted of fly-tipping should be handed tougher sentences councils have argued, after figures show no-one has been given the maximum punishment allowed since new guidelines in 2014.
Fatal accidents and criminal liability 08/05/2019 Fatal accidents are usually preventable which leads to questions of responsibility and criminal liability. Guy Bastable and Tom McNeill seek to explain when organisations and individuals will be found criminally liable, for which offences, and with what sanction.
Court rules voting provision for blind people is 'unlawful' 07/05/2019 The way in which blind or partially sighted people are able to vote has been declared ‘unlawful’ in a successful legal challenge.
Security fears after candidate addresses published 02/05/2019 Security concerns have been raised after a loophole forced councils to publish the home addresses of candidates standing in the EU elections.
Heathrow runway clears High Court hurdle 01/05/2019 The High Court has dismissed arguments against Heathrow expansion and found that the Government is free to ignore the Paris Agreement on climate action until it forms part of UK law.
Research finds 'legal aid deserts' across the country 29/04/2019 More than half of councils in England and Wales have no housing legal aid providers in their area, research has revealed.
Vicarious liability 02/04/2019 Helen Snow, senior associate in the employment team at Geldards LLP, looks at how to mitigate against the rogue employee.
Councils must finalise air quality plans or face legal action, lawyers say 27/03/2019 Environmental campaigners have written to 38 local authorities warning them to finalise their air quality plans or face legal action.
Black Country ban on 'car cruising' upheld in court 25/02/2019 Wolverhampton council has welcomed a decision by the High Court to uphold the local authority’s injunction banning car cruising in the Black Country.
Bristol council misses second deadline for clean air plan 22/02/2019 Bristol City Council has missed its second deadline for publishing its clean air plan due to concerns it would have an ‘adverse impact’ on low income groups.
Council to take legal action over Storm Doris death 22/02/2019 A West Midlands council has confirmed that it will pursue legal action against the building management company of the Mander Centre for the death of Tahnie Martin.
Birmingham's winter of discontent 15/02/2019 With a series of one-day strikes to go ahead in Birmingham, Mark Whitehead explores what led to this long-running dispute over waste collection.
Union refused an injunction over ongoing bin dispute 15/02/2019 A series of one-day strikes by refuse collectors in Birmingham is set to go ahead next week after a legal challenge by the Unite union failed.
Carers win right to appeal in £400m sleep-in shift battle 14/02/2019 The Supreme Court has granted carers the right to appeal in the ongoing sleep-in shift legal battle with a the mental health charity Mencap.
Union seeks injunction against Birmingham in long-running bin dispute 07/02/2019 Unite is taking high court legal action against Birmingham City Council for operating refuse vehicles without safety critical role.
Council considers selling off venues to fund equal pay settlement 04/02/2019 Glasgow city councillors are expected to rubber stamp a multi-million pound package this week to settle the long-running dispute over equal pay for women employees.
Stevenage Borough Council seeks judicial review of delayed local plan 01/02/2019 Stevenage Borough Council has decided to take legal action over the Government’s decision to delay the authority’s local plan for over a year.
Call for power to ban councillors 30/01/2019 Council standards boards should have the power to ban councillors for up to six months without allowances, the Committee on Standards in Public Life has recommended.
Third district joins legal action against Bucks unitary plan 28/01/2019 A third council has announced it will be taking legal action against the proposed new unitary council for Buckinghamshire.
Buckinghamshire districts threaten legal action over unitary plan 21/01/2019 Two Buckinghamshire districts have written to the Government warning they could launch legal proceedings over plans to create a single county unitary.
Glasgow agrees equal pay deal to end long-running dispute 17/01/2019 Glasgow City Council has struck an agreement in principle to resolve historical claims for unequal pay.
DWP’s interpretation of Universal Credit regulations ‘unlawful’, court rules 11/01/2019 The High Court today has ruled that the way the Department for Work and Pensions interprets Universal Credit regulations is ‘unlawful’.
Roles and responsibilities 08/01/2019 Tiffany Cloynes and Martyn Davies explore how councils can best manage roles in local authority companies.
Campaigners continue legal battle over two-child benefits 19/12/2018 Poverty campaigners are continuing their legal battle over the Government's two-child benefits policy in the Court of Appeal this week.
Brokenshire proposes specialist housing court 13/11/2018 The communities secretary has announced he is considering establishing a specialist housing court to deal with disputes between landlords and tenants.
Council prosecuted over Legionella case 08/11/2018 Tendring District Council has confirmed it is being prosecuted for failing to manage the risk of Legionella at its leisure centre sites.
Council's 'core offer' still leaves £33m deficit 05/11/2018 East Sussex CC’s chief executive Becky Shaw has laid out a ‘core offer’ that could risk the council’s ‘ability to meet statutory guidance and deadlines’.
Council hits back at 'illegitimate' loan claim 31/10/2018 Newham LBC has denied claims that decisions to enter into controversial high-interest loans were illegitimate.
Liberty to bring legal challenge against Legal Aid Agency 23/10/2018 A civil liberties group will take the Government to court over its refusal to provide legal aid to those wishing to challenge councils over their use of anti-social behaviour legislation.
A missed opportunity? 12/10/2018 The Mental Health (Amendment) Bill should soften financial and operational pressure on local authorities, but it will still leave them open to legal exposure, argues Morris Hill.
Government acted ‘unlawfully’ over Dubs Amendment 04/10/2018 The Court of Appeal ruled yesterday that the Government acted ‘unlawfully’ in not giving reasons to children refused entry to Britain under the Dubs Amendment.
Welfare support has 'collapsed' for many in England 19/09/2018 One in six top-tier councils are not providing vital welfare services devolved to them just as the sector’s budget cuts hit hard.
Court rules bereavement benefit restrictions breaches human rights 30/08/2018 Denying bereavement benefits to unmarried, cohabiting partners with children is incompatible with human rights law, court rules.
Council recovers housing benefit payments from rogue landlord 30/08/2018 In a landmark case, Thurrock council has successfully recovered housing benefit from a landlord who forced a tenant to live in appalling conditions.
Council first to use new legal powers to demand Brexit clarity 29/08/2018 The leader of Plymouth City Council is hoping to force the Government to reveal the impact Brexit will have on the city through the use of new legal powers.
Council secures injunction against travellers 17/08/2018 Bromley Council has been granted an interim High Court injunction to prevent illegal travellers from setting up in the borough.
Northamptonshire library closures ruled ‘unlawful’ 15/08/2018 The decision to close 21 council-run libraries in Northamptonshire was made unlawfully, a court has ruled.
Christchurch refused permission to appeal reorganisation judgement 13/08/2018 Christchurch Borough Council has been refused leave to appeal the judgement about local government reorganisation.
Council faces legal action over pothole death 10/08/2018 Warwickshire County Council is facing possible legal action after delays in repairing a pothole led to the death of a cyclist.
Unison appeals against reversal of £400m sleep-in shift ruling 08/08/2018 Unison has lodged an official appeal against the ruling that social care providers will no longer be required to pay £400m in backpay to carers doing sleep-in shifts.
Warning that more councils could cut services to bare minimum 07/08/2018 An increasing number of councils could be forced to cut services to the legal minimum, financial experts have warned.
Councils begin judicial review against Heathrow expansion 07/08/2018 Five London councils, Greenpeace and the mayor of London have started judicial review proceedings against the expansion of Heathrow airport.
Christchurch reorganisation challenge defeated 07/08/2018 Christchurch BC may launch an appeal after a High Court judge today refused its challenge to local government reorganisation plans.
Court rules £5m of special needs cuts ‘illegal’ 06/08/2018 Bristol City Council has said it is ‘disappointed’ by a court ruling that found the authority had acted illegally by cutting £5m from the budget for children with special needs.
Councils seek judicial review of Heathrow runway decision 20/07/2018 London councils have notified the secretary of state for transport they will be seeking a judicial review of the decision to support third Heathrow runway.
Councils sue Barclays over controversial LOBO loans 16/07/2018 Barclays are being sued by 14 local authorities over allegations it committed fraud over loans to councils.
Court reverses £400m sleep-in shift ruling 13/07/2018 Council leaders have welcomed the Court of Appeal ruling that social care providers will no longer be required to pay £400m in backpay to carers doing sleep-in shifts.
Councils sue one in six businesses over rate arrears figures reveal 13/07/2018 Nearly 190,000 companies were taken to court last year by councils over non-payment of business rates, a new investigation has revealed.
Council’s boycott of illegal Israeli settlements ‘legitimate’, court rules 05/07/2018 The Court of Appeal has ruled that Leicester City Council’s decision to boycott illegal Israeli settlements is both ‘temperate and legitimate’.
Court upholds abortion clinic safe zone 03/07/2018 Ealing Council has welcomed what it described as a ‘landmark decision’ by the High Court to uphold its right to establish a safe zone around abortion clinic.
Council staff drop multi-million legal claims against Birmingham City Council 26/06/2018 A multi-million pound raft of legal claims over sex discrimination have been dropped by Birmingham City Council workers without explanation.
Council facing £5m equal pay bill 26/06/2018 Fife Council has been warned it could face a £5m bill from a new round of equal pay claims.
Council’s legal challenge to Dorset reorganisation to proceed to High Court 22/06/2018 Christchurch Borough Council has been given permission to take its case against local government reorganisation in Dorset to the High Court.
Council fines 'try before you buy’ sex toy shop 19/06/2018 A local authority in the north east has fined a sex doll company £10,000 for operating without a licence.
London council to take legal action over fortnightly newsletter 06/06/2018 Waltham Forest council has confirmed it will launch a legal battle over a government instruction to stop publishing its fortnightly newsletter.
Councils take over 1,000 people to court for ‘social care debt’ 04/06/2018 Local authorities have taken more than 1,000 people to court for social care debt over the past two years, according to GMB.
Fitzgerald resigns from Liverpool ahead of crunch meeting 14/05/2018 Liverpool City Council’s chief executive, Ged Fitzgerald, is understood to have resigned days before an independent panel was due to consider his future.
London council secures £1.6m fine against Tesco over safety failings 11/05/2018 Tesco has been fined £1.6m for health and safety failures following a successful prosecution by Ealing Council.
Council to take pay dispute to Supreme Court 10/05/2018 Nottingham City Council is to take a dispute with its staff over incremental pay rises to the Supreme Court.
Council's pay freeze is ruled unlawful by Court of Appeal 23/04/2018 Nottingham City Council was wrong to impose a freeze on incremental pay rises, the Court of Appeal has ruled.
Scrutinising care provision 03/04/2018 The Court of Appeal has ruled that personal injury awards cannot be considered in the provision of after-care services. Morris Hill and Ken Slade explore what impact this judgement will have on local authorities.
North Yorkshire launches council-owned law firm 21/03/2018 North Yorkshire County Council has become the first local authority in the North to trade its legal services.
Court grants council powers to tackle ‘unauthorised’ traveller encampments 22/02/2018 The High Court has granted a council powers to help it crack down on ‘unauthorised’ traveller encampments.
Court rules councils cannot use selective licensing to impose safety standards 22/02/2018 The Court of Appeal has today ruled councils cannot use selective licensing conditions to impose new standards on private rented homes.
Care England wins right to intervene in sleep-in care case 20/02/2018 Care England has been granted the right to intervene in the Court of Appeal’s sleep-in-shift case raising hopes the care sector’s impending £400m financial crisis can be averted.
Council to sue Highways England for £7m in bypass costs 16/02/2018 A Yorkshire council is planning on suing Highways England in an effort to recover Selby bypass repair costs.
Council faces legal action over outstanding equal pay awards 13/02/2018 Fife Council is facing fresh legal proceedings over the non-payment of equal pay awards, a trade union has warned.
Powers of local authority lawyers 12/02/2018 Tiffany Cloynes argues that new guidance from the Solicitors Regulation Authority will not stop local authorities from sharing legal services.
EXCLUSIVE: Funding red flags raised 06/02/2018 One in 10 council bosses fear their local authority will not have enough funding to fulfil their statutory duties in 2018/19, an exclusive survey has found today.
Rogue landlords forced to pay back ‘racketeering’ proceeds 02/02/2018 Brent has become the first council in the country to use the Proceeds of Crime Act (POCA) against slum landlords for breaches of licensing conditions.
Help for under-pressure local authority deputyship teams 11/01/2018 Latest figures estimate that over 130,000 people living in the community aged 65+ have suffered financial abuse at some point since turning 65. This, it would appear, is only the tip of a largely unreported financial abuse iceberg.

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