One Source Dec 19 Deputy Director

Tower Hamlets Dec 19 Updated 600 3

Independent adjudicators, the Prison Rules and implied powers

A recent Divisional Court judgment is of interest to prison lawyers but also to public lawyers as it deals with important points of law in relation to the interpretation of the Prison Rules and the "implied powers" principle, writes Geeta Koska. Read more
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  NEWS

Dec 12, 2019

Birmingham landlord fined £20k after breaching housing regulations

A Birmingham landlord has been fined nearly £20,000 after pleading guilty to failing to obtain a House in Multiple Occupation (HMO) licence and to 13 breaches of HMO Management Regulations.
Dec 11, 2019

Court of Appeal dismisses appeal by council over bid to include cost of supervising driver conduct in fees for taxi and PHV vehicle licences

The Court of Appeal has dismissed a council’s appeal over whether it acted unlawfully when it resolved to fix the fees for vehicle licences for taxis and private hire vehicles at an amount which included recovery of all or part of the cost of supervising the conduct of drivers licensed to drive such vehicles.
Dec 02, 2019

Council secures £400k+ confiscation order against landlord over house in multiple occupation with 15 tenants

Joint action by Hillingdon Council’s planning enforcement and trading standards teams has seen a Hayes landlord ordered to pay more than £430,000 after she turned her property into an illegal House in Multiple Occupation (HMO).
Nov 29, 2019

Council submits £130m claims in High Court bid to recover costs under housing estate maintenance PFI

Camden Council has submitted claims to the High Court to recover costs from the contractor PFIC (Partners for Improvement in Camden) and its principal subcontractors, who previously had responsibility for refurbishment and maintenance of the Chalcots Estate, under a private finance initiative agreement.
Nov 28, 2019

Met Police agrees to delete information after referral of primary school age child under Prevent programme

The Metropolitan Police has agreed to delete information relating to a referral of a primary school age child under the government’s Prevent programme, and other referring authorities have also agreed to correct and delete the relevant records.
Nov 28, 2019

Resident fails in Court of Appeal challenge to anti-social behaviour injunction

A resident of a housing association in London has failed in a Court of Appeal challenge over an injunction restraining him from committing anti-social behaviour.
Nov 27, 2019

Battle over Cabinet decision to retro-fit sprinkler systems on tower blocks at cost of £19m heads to Court of Appeal

The Court of Appeal has given a local resident permission to appeal a High Court ruling on the lawfulness of a decision by the Cabinet at Birmingham City Council to fund – at a cost of £19m – the retro-fitting of sprinkler systems to all the tower blocks it owns.
Nov 26, 2019

Camden Council obtains first rogue landlord banning order in London

Camden Council is reported to have obtained London’s first rogue landlord banning order against a man who repeatedly placed tenants’ lives at risk through letting unsafe housing.
Nov 26, 2019

High Court judge says injunctions against street protests over teaching of “LGBT issues” at Birmingham school must continue

Injunctions restricting street protests over an infant and junior school’s teaching of “LGBT issues” should remain in place, a High Court judge has ruled.
Nov 25, 2019

Uber London “not fit and proper” to hold private hire operator licence, TfL concludes

Transport for London (TfL) has decided not to grant Uber London Limited (Uber) a new private hire operator's licence after concluding the company was “not fit and proper”.
Nov 22, 2019

Council in breach of Home Standard for fire and electrical safety, regulator finds

Runnymede Borough Council has breached the Home Standard for fire and electrical safety, the Regulator for Social Housing has said.
Nov 18, 2019

London council to take battle over borough-wide injunction and camping on open spaces to Court of Appeal next month

The Court of Appeal will next month (3 December) hear an appeal by Bromley Council over the High Court’s refusal to extend an interim injunction prohibiting camping on 171 open spaces and car parks in the borough.

  FEATURES AND ANALYSIS

November 29, 2019

Powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014

This guidance note provides a comprehensive and up to date overview of powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014, Reform of anti-social behaviour powers (2014), Part 1 Civil Injunctions and Part 2 Criminal Behaviour Order (CBO).
November 29, 2019

Facing the future

Rowan Clapp looks at the key points from the Information Commissioner’s opinion on live facial recognition technology, law enforcement and privacy.
November 14, 2019

Spent convictions, underlying conduct and the 'fit and proper person' test

James Findlay QC and Riccardo Calzavara report on an Upper Tribunal ruling on spent convictions and the ‘fit and proper person’ test for holding a property licence under the Housing Act 2004.
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October 04, 2019

Exploring the limits of public authority’s liability for children

Duncan Fairgrieve and Jim Duffy, barristers at 1 Crown Office Row, examine the Supreme Court’s decision in Poole Borough Council v GN and another that the respondent local authority did not owe a common law duty of care to exercise its functions under the Children Act 1989 to protect the appellants, who were children of a family which it had housed, from harm at the hands of anti-social…
October 04, 2019

Taxi licences, hearsay evidence and risk assessment

A private hire driver has unsuccessfully appealed after a council refused to renew his licence following the receipt of anonymous hearsay evidence. Matt Lewin explains why.
September 13, 2019

Public Space Protection Orders, abortion clinics and buffer zones

The Court of Appeal has upheld the legality of the UK’s first ‘buffer zone’ outside an abortion clinic. Ranjit Bhose QC, Kuljit Bhogal and Tara O'Leary explain why.
September 06, 2019

Automated facial recognition, privacy and data protection law

The Divisional Court has found that police use of automated facial recognition was a justified privacy intrusion. Robin Hopkins sets out the key findings in a landmark case.
August 13, 2019

Responding to the 'Building a safer future' consultation

Andrew Millross sets out the key points from Anthony Collins Solicitors' response to the 'Building a safer future' consultation.
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  MORE NEWS

Nov 06, 2019

Upper Tribunal rules on spent convictions and 'fit and proper person' test for property licence applications

The Upper Tribunal has handed down a significant ruling on spent convictions and the ‘fit and proper person’ test for holding a property licence under the Housing Act 2004.
Nov 04, 2019

Resident secures funding for legal challenge over impact of public space protection order on homeless

A local resident campaigning for the scrapping of a public space protection order (PSPO) introduced by Poole Borough Council last year over its impact on homeless people has secured enough funding to launch a legal challenge.
Nov 04, 2019

Charges dropped against man praying outside abortion clinic covered by Public Spaces Protection Order

The Crown Prosecution Service has dropped charges against a man who was arrested when he was praying outside an abortion clinic that is covered by a Public Spaces Protection Order (PSPO).
Nov 01, 2019

Councils unable to enforce against unlicensed taxi/PHV drivers because of outdated laws, LGA warns

Outdated legislation and new technology have meant that councils are unable to take enforcement action against the rising number of unlicensed drivers operating in their area, the Local Government Association has warned.
Nov 01, 2019

Landlord ordered to pay £25k+ over unsafe, unlicensed HMOs

A landlord who operated five unlicensed houses in multiple occupation (HMOs) has been ordered to pay more than £25,000 after a prosecution by the London Borough of Redbridge.
Oct 31, 2019

Information Commissioner issues first ‘Opinion’ under Data Protection Act

The Information Commissioner, Elizabeth Denham, has issued her first Commissioner’s Opinion under the Data Protection Act 2018, setting out her advice and recommendations on the police’s use of ‘live facial recognition’ (LFR).
Oct 28, 2019

Property owners fail in challenge to refusal by tribunal to hear appeal over financial penalties for unlicensed HMOs

The Upper Tribunal has rejected an appeal by two property owners over the First-Tier Tribunal’s refusal to consider an appeal brought out of time against financial penalties imposed on them by a London borough for running unlicensed houses in multiple occupation (HMOs).
Oct 25, 2019

ECHR finds ‘bedroom tax’ discriminates against victims of domestic violence

The so-called ‘bedroom tax’ unlawfully discriminates against vulnerable victims of domestic violence, the European Court of Human Rights (ECHR) has ruled.
Oct 23, 2019

Council defeats appeal by driver over refusal of taxi or PHV licence for false declaration about pending convictions

A court has upheld a decision by Telford & Wrekin Council not to grant a convicted man a licence to drive a taxi or private hire vehicle (PHV).
Oct 22, 2019

Woman with involuntary vocalising medical condition given permission to bring judicial review over noise abatement notice

The High Court has granted a woman who suffers from a medical condition which results in her involuntarily vocalising sounds, words or phrases permission to bring a judicial review challenge over a council’s decision to serve her with a noise abatement notice.
Oct 22, 2019

Rights Watch (UK) launches judicial review of appointment of Lord Carlile as Independent Reviewer of Prevent programme

Charity Rights Watch (UK) has issued judicial review proceedings challenging the Home Secretary’s appointment of Lord Carlile as the Independent Reviewer of Prevent and what it described as “overly confined” terms of reference.
Oct 21, 2019

Government commits to introduction of statutory duty on councils to support victims of domestic abuse

The Government has confirmed that it will press ahead with the introduction of a new statutory duty on local authorities to deliver support to survivors of domestic abuse.
Oct 18, 2019

Number of referrals by councils of potential child victims of modern slavery jumps by 800% in just five years

Referrals of potential child victims of modern slavery made by councils in England have risen by 800% in five years, the Local Government Association has warned.
Oct 07, 2019

North West council defeats legal challenge over revocation of nightclub licence

Oldham Council has successfully defended a decision by its licensing panel to revoke a town centre nightclub after several incidents of disorder.
Oct 07, 2019

Ministry issues further resources to help councils enforce against rogue landlords, letting agents

The Ministry of Housing, Communities and Local Government has published further resources for a toolkit that aims to help local authorities enforce against rogue landlords and letting agents.
Oct 01, 2019

City council secures £40k fine over dangerous and unlicensed House in Multiple Occupation

City of Lincoln Council has secured the imposition of its second largest fine on a rogue landlord, after a defendant was found guilty of letting out a dangerous and unlicensed House in Multiple Occupation (HMO).
Sep 25, 2019

Police and PCCs in Surrey and Sussex to procure supplier for £9.8m legal services framework

The Police and Crime Commissioners (PCCs) for Surrey and Sussex and Surrey and Sussex Police are jointly to procure a supplier of legal services worth an estimated £9.8m over four years.
Sep 18, 2019

Claim councils are "recruiting sergeants" for "county lines" provokes angry response from directors of children’s services

Councils bear an inadvertent responsibility for the growth of ‘county lines’ drugs gangs by placing looked after children outside their home area, a report has claimed.
Sep 17, 2019

Home Office sets out terms of reference for review of Prevent programme

The Government has published the terms of reference for the independent review of the Prevent programme, which is meant to safeguard people from being drawn into terrorism.
Sep 13, 2019

Nearly half of letting agents inspected in London failing to comply with law, says trading standards body

More than 46% of 1,922 letting agents inspected in the 15 months up to June 2019 by local council trading standards officers were non-compliant with either the Consumer Rights Act and/or the legislation on redress scheme membership, London Trading Standards (LTS) has revealed.
Sep 13, 2019

Councils welcome confirmation Domestic Abuse Bill will be in Queen’s Speech

The Local Government Association has welcomed the Prime Minister’s confirmation that the Domestic Abuse Bill will be part of the Queen’s Speech.
Sep 05, 2019

Divisional Court dismisses legal challenge over police use of automated facial recognition

A Divisional Court has dismissed a challenge to police use of Automated Facial Recognition (AFR) in what is thought to be the first time any court in the world has considered the technology.
Aug 30, 2019

Charity threatens legal action over appointment of Lord Carlile as independent reviewer of Prevent

A human rights charity has threatened a legal challenge over the Government’s appointment of Lord Carlile of Berriew as the independent reviewer of the Prevent programme that is intended to safeguard vulnerable people from being drawn into terrorism.
Aug 21, 2019

Council defeats Court of Appeal challenge over ‘safe zone’ around abortion clinic

The Court of Appeal has dismissed an appeal over a High Court ruling that a public spaces protection order (PSPO) made by Ealing Council and establishing a safe zone outside a Marie Stopes abortion clinic was lawful.
Aug 19, 2019

Home Office names independent reviewer of Prevent programme

The Government has appointed Lord Carlile as the Independent Reviewer of the Prevent programme that is intended to safeguard vulnerable people from being drawn into terrorism.
Aug 16, 2019

ICO to investigate legality of landlord’s use of facial recognition technology

The use of facial recognition technology at an office, leisure and retail development in King's Cross is to be investigated for compliance with data protection rules, the Information Commissioner has said.
Aug 14, 2019

Landlord licensing scheme “could breach EU law” over accreditation requirement, claims landlords group

The Residential Landlords Association has claimed that Coventry Council’s landlord licensing and accreditation scheme is potentially unlawful and could breach European law.
Aug 14, 2019

Council defeats Crown Court appeal by private hire driver over revocation of licence

North Somerset Council, represented by Roy Light of St John’s Chambers, has defeated a Crown Court appeal brought by a driver over its licensing committee’s decision to revoke their licence with immediate effect.
Jul 31, 2019

Salford drops swearing ban from new Salford Quays PSPO

Salford City Council has dropped its controversial ban on swearing in the Salford Quays area with the publication of a new Public Spaces Protection Order (PSPO) for the locality.

  MORE FEATURES

July 19, 2019

PSPOs and legal aid

Liberty has failed to secure legal aid for a challenge to a public spaces protection order. Kuljit Bhogal explains why.
July 05, 2019

Applying for without notice injunctions

Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans.
June 21, 2019

Deprivation of liberty – the limits of the inherent jurisdiction

A High Court judge recently rejected the use of the court’s inherent jurisdiction to protect 17-year-old gang member. The Court of Protection team at 39 Essex Chambers explain why.
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May 31, 2019

Sharing data and law enforcement

The High Court has issued an important ruling on sharing data for law enforcement purposes. Alessandra Gettins, Hugh Giles and Andrew Latham look at the lessons for police forces and their partner agencies.
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May 10, 2019

Avoiding adverse costs orders

How can local authorities avoid adverse costs orders in the First-tier Tribunal? Robin Stewart sets out the lessons from a case where a council failed to revoke an emergency prohibition order over a property.
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April 18, 2019

Bermondsey Beer Mile appeal dismissed

A district judge has considered whether it was proper for a council, when deciding to refuse a licence varation, to take into account evidence of cumulative impact of a 'beer mile', even though the area might not be subject to a formal cumulative impact policy. Gary Grant analyses the ruling.
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March 25, 2019

Know the facts: Homes (Fitness for Habitation) Act

Neil Brand sets out the key considerations for local authorities and landlords arising out of the Homes (Fitness for Habitation) Act.
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February 22, 2019

London at night

Will London authorities buy into the London Night Time Commission report findings? Paddy Whur looks at its conclusions.
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February 08, 2019

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.
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October 19, 2018

A matter of discretion

Alexander Campbell considers the lessons to be learned from a High Court decision on a social landlord's appeal over the refusal to grant a possession order.
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October 05, 2018

Houses in Multiple Occupation and licensing reform

Significant changes have been introduced to the licensing regime for houses in multiple occupation. Kate O'Brien and Matthew Watts report.
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August 31, 2018

Possession, disability and proportionality

Jane Talbot examines a recent High Court decision on possession orders and disability discrimination.
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August 17, 2018

Game of Drones the Law - Season Two

There have been a number of recent developments in the law and regulation of drones. Paul Feild sets out the key points for local government lawyers.
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August 17, 2018

Warrant suspension applications

The Court of Appeal has handed down a significant ruling on the Equality Act 2010 and proportionality defences in relation to warrant suspension applications, writes Baljit Basra.
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June 15, 2018

Serving surveillance evidence

When should surveillance evidence be served? Catherine Burt looks at the lessons from a recent appeal involving a city council.
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June 01, 2018

Gang injunctions, human rights and standards of proof

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.
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June 01, 2018

Laying informations and time limits

Edmund Walters discusses a recent case in which he successfully appeared in the Divisional Court on a point concerning the laying of informations and doing so before the six-month time limit expires.
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June 01, 2018

Dealing with incursions

Wendi Batteson of Basingstoke and Deane Borough Council sets out some of the lessons learned from a recent planning enforcement case.
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March 29, 2018

Agents of Change

Will the introduction of an Agent of Change principle in planning succeed in protecting live music venues? The operation of other regimes in relation to licensing and statutory nuisance means this is far from certain, writes Michael Greig.
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March 16, 2018

Selective licensing and conditions

Jonathan Manning analyses an important Court of Appeal ruling on selective licensing and the power of local authorities to impose conditions.
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