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  NEWS

April 16, 2021

Secretary of State calls on councils to show pragmatism, avoid “overzealous interpretations” of rules on outdoor hospitality

The Communities Secretary has called on councils to ensure that that government guidance on outdoor structures is applied proportionately and consistently, to support businesses in their areas to reopen safely and to avoid overzealous interpretations of the…
April 16, 2021

Jackie Weaver and IT professionals join calls for continuation of virtual council meetings in England

The Chief Officer of the Cheshire Association of Local Councils, Jackie Weaver, and BCS, The Chartered Institute for IT, have together joined growing calls for the Government to make online council meetings lawful post after the expiry of emergency…
April 16, 2021

LLG invites students to apply for first legal talent work experience week

Students are being invited to apply from 19 April to take part in LLG’s first legal talent work experience week this summer.
April 15, 2021

Government consults on requiring care home workers to have Covid-19 vaccination

The Government has launched a five-week consultation on requiring care home providers, caring for older adults, to deploy only those workers who have received their COVID-19 vaccination.
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  FEATURES AND ANALYSIS

April 14, 2021

Remote meetings and the importance of ‘local choice’

The imminent High Court hearing over the ability of councils in England to continue to hold remote meetings after 6 May is about ensuring local choice, the leaders of the two organisations behind the legal proceedings tell Local Government Lawyer.
April 09, 2021

Vulnerable persons - participation and evidence in family proceedings

The following Family practice note from LexisNexis provides comprehensive and up to date legal information covering the participation of vulnerable people and evidence in family proceedings.
April 07, 2021

Dealing with Hoarding during the Coronavirus crisis

There has been some focus on the effects of anti-social behaviour upon neighbours but what about cases such as hoarding where the main person affected is the hoarder themselves and the property? Anna Bennett looks at the options.
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  WEBINARS AND PODCASTS

March 25, 2021

Covid Enforcement Restrictions

As the UK prepares for the relaxation of lockdown, barristers Zachary Bredemear, Richard Cherry and Conor Kennedy offer a reminder of the restrictions on bringing proceedings and enforcement that are still in force.
March 15, 2021

The LLG Grapevine 15th March

Deborah Evans, Dennis Hall and Helen McGrath from LLG discuss devolution, Judicial Review, GDPR, The CfGS's Governance Risk & Resilience Framework, gender equality, flexible working, Rule of Law and Test and Trace.

 

March 09, 2021

Hugh James' NPS Framework Fortnight: Lot 3 - Civil Litigation - Housing Management

Rebecca Rees gives ten tips for handling disrepair claims and Bethan Gladwyn provides an overview of the current rules and practice for possession claims.
January 20, 2021

Delivering leisure facilities in a post-covid world

The pandemic has introduced new hurdles in the provision of local authority led leisure services. Peter Ware, Catherine Rustomji and Alex Kynoch look at the different options available to councils, including establishing a charity.
November 19, 2020

Licensing v.2.0 – a system reboot post-Covid

Philip Kolvin QC considers possible reforms to the licensing system that he says, if made in the wake of the pandemic, might determine the future of our towns and cities over the next 25 years.
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  MORE NEWS

April 08, 2021

Government to support legal action over ability of councils to hold remote meetings

The Local Government Secretary, Robert Jenrick, has said the Government will support the High Court claim being brought by Lawyers in Local Government, the Association of Democratic Services Officers and Hertfordshire County Council over the ability of…
April 08, 2021

TfL given permission for appeal in Streetspace dispute

Transport for London has been granted the right to appeal against a High Court ruling that its traffic reduction policies were unlawful.
April 08, 2021

Hospitality industry in Wales crowd fund legal challenge over later reopening than non-essential retail

Hospitality industry figures in Wales are trying to crowdfund a legal challenge to the country’s policy on the reopening of venues as lockdown eases.
April 07, 2021

Court of Appeal gives permission for judicial review challenge over low traffic neighbourhood policy in Hackney

A local campaign group opposed to the London Borough of Hackney’s policy of closing streets to through traffic has been given leave for a judicial review at its third attempt.
April 06, 2021

Covid-19 status certification likely to have significant implications for councils: LGA

The Local Government Association has urged the Government to work closely with councils on any proposals for Covid-19 status certification.
April 06, 2021

Housing Ombudsman forecasts increase in enquiries and complaints during 2021/22 as a result of pandemic

The Housing Ombudsman has predicted that the volume of enquiries and complaints the service receives will continue to rise in 2021/22, and that there will be a growing number of more complex complaints requiring investigation of a landlord’s actions in the…
March 29, 2021

Family President asks Court of Appeal judge to consider how to achieve efficient return to court, but predicts some form of remote working likely to foreseeable future

The President of the Family Division, Sir Andrew McFarlane, has asked Lord Justice Baker to examine how the most efficient return to court can be achieved over the coming months.
March 26, 2021

Dismay among councils as Government confirms there will be no extension to emergency legislation regarding virtual council meetings

Emergency legislation regarding virtual council meetings in England will not be extended, the Ministry of Housing, Communities and Local Government (MHCLG) has confirmed.
March 24, 2021

High Court to resolve next month issue of ability of councils to hold meetings remotely after 6 May deadline

LLG (Lawyers in Local Government) and ADSO (the Association of Democratic Services Officers) have – along with Hertfordshire County Council – been given permission to expedite their claim for a declaration in the High Court which will provide certainty for…
March 24, 2021

Department of Health and Social Care issues ‘roadmap regulations’

MPs will vote tomorrow (25 March) on the Government's ‘roadmap regulations’ setting out its proposed next phase of ‘easements’.
March 23, 2021

HMCTS rolls out on-site rapid testing at four more courts

HM Courts & Tribunals Service (HMCTS) will from this week offer voluntary on-site rapid testing at four courts to people who attend scheduled hearings and are not showing symptoms of COVID-19.
March 18, 2021

ADSO and LLG issue claim in High Court in bid to extend local authority remote meetings beyond 6th May

The claim brought by ADSO (the Association of Democratic Services Officers) and LLG (Lawyers in Local Government), along with Hertfordshire County Council, to allow for the continuation of local authority remote meetings beyond the 6th May 2021 has been…
March 18, 2021

Café owners with “complete disregard” for Covid rules ordered to close, lose licence

A café has been ordered to close by Manchester Magistrates' Court for three months and had its licence revoked by Manchester City Council for a similar length of time after its owners were found to be serving customers in breach of Covid-safety rules.
March 17, 2021

Lord Chief Justice calls for increase in attendance in person in the courts

Over the next few weeks and months as the number of people who have been vaccinated against Covid increases and restrictions begin to ease across England and Wales, it will be “possible and desirable” to increase attendance in person in the courts where it is…
March 16, 2021

Council investigation sees traders fined for selling alcohol without a licence via Just Eat website

Three traders in Milton Keynes have each been found guilty of selling alcohol and late-night refreshments without a licence via the Just East website and app.
March 16, 2021

Counsel General for Wales says efforts to explain coronavirus restrictions shows need for more work to make law accessible in “normal” times

The significant amount of time and resources needed to help explain the coronavirus restrictions has highlighted how more accessible law can be achieved even in the most difficult circumstances, the Counsel General for Wales has said.
March 16, 2021

National Audit Office warns on delays to completion of 2019/20 audits of local bodies

Fewer than half of local councils, local police and local fire bodies’ 2019-20 audits were completed by the revised deadline of 30 November 2020, despite this having been pushed back to take account of the impact of the COVID-19 pandemic, the National Audit…
March 15, 2021

Punch Taverns founder and Night-Time Economy Adviser for Greater Manchester issue pre-action letter over different reopening times for non-essential retail and indoor hospitality

The founder of Punch Taverns, Hugh Osmond, and the Night-Time Economy Adviser for Greater Manchester, Sacha Lord, have sent a pre-action letter to the government over the decision to allow non-essential retail to open at least five weeks before indoor…
March 15, 2021

High Court judge finds councils have power during pandemic to accommodate rough sleepers with no recourse to public funds

Local authorities have powers during the Covid pandemic to provide accommodation for rough sleepers with no recourse to public funds (NRPF), a High Court judge has ruled.
March 10, 2021

Ministry extends ban on bailiff-enforced evictions

The Government has extended the ban on bailiff-enforced evictions in all but the most serious circumstances and the requirement for landlords to provide six-month notice periods to residential tenants before they evict until at least 31 May.
March 05, 2021

Bevan Brittan hails performance in core markets as it confirms staff pay rise and ‘thank you’ bonus

Law firm Bevan Brittan has confirmed a 3% staff pay rise, to take place in March, plus an additional 3% ‘thank you bonus’ for staff to be applied to the last six months and paid now.
March 03, 2021

Budget 2021: reaction from the sector

Local Government Lawyer looks at the reaction of the sector to Chancellor Rishi Sunak’s Budget.
March 02, 2021

Final report from Public Law Working Group set up by Family President makes 47 core recommendations

The Public Law Working Group (PLWG) set up by the President of the Family Division, Sir Andrew McFarlane, has this week published its final report, which contains some 47 core recommendations.
March 01, 2021

Welsh Government consults on draft Bill putting partnership working on formal footing

The Welsh Government has launched a consultation on a new Bill intended to put partnership working on a formal footing to improve work in Wales.
March 01, 2021

Night-Time Economy Adviser for Manchester eyes legal battle over roadmap approach to hospitality compared to non-essential retail

The Night-Time Economy Adviser for Greater Manchester, Sacha Lord, has revealed that he is discussing his options with his legal team “regarding the lack of evidence to justify the delay of the reopening of hospitality compared with non-essential retail”.

  MORE FEATURES

April 07, 2021

Too much, too soon

A High Court judge recently allowed an appeal against a decision of a Circuit Judge to dismiss a claim that an asylum seeker who had been accommodated by a local authority under the “Everyone In” scheme did not have an arguable case that he had been granted a secure tenancy. Justin Bates explains why.
March 26, 2021

Procurement obligations and Covid

What do the Westminster and Good Law Project cases tell us about the courts’ attitude to procurement post-Covid? Léonie Cowen explains.
March 26, 2021

Vaccination – looking at all the relevant circumstances

Alex Ruck Keene analyses a Court of Protection ruling on whether a 31-year-old man with a learning disability should be vaccinated against Covid-19.
March 15, 2021

The LLG Grapevine 15th March

Deborah Evans, Dennis Hall and Helen McGrath from LLG discuss devolution, Judicial Review, GDPR, The CfGS's Governance Risk & Resilience Framework, gender equality, flexible working, Rule of Law and Test and Trace.
March 09, 2021

Hugh James' NPS Framework Fortnight: Lot 3 - Civil Litigation - Housing Management

Rebecca Rees gives ten tips for handling disrepair claims and Bethan Gladwyn provides an overview of the current rules and practice for possession claims.
March 08, 2021

Planning and the way out of lockdown for leisure, hospitality and attractions

Richard Harwood OBE QC looks at the Local Government Secretary's recent comments on Covid planning and pavement licensing measures for the hospitality and leisure industry, and propooses some other changes that would help.
March 08, 2021

Covid testing in schools and data protection

Neil Murphy examines the data protection issues that arise with the return to school and the prospect of on-site tests for Covid.
March 05, 2021

Late publication of contracts

David Mitchell examines a recent ruling that the late publication of coronavirus contracts by the Department of Health and Social Care was unlawful.
March 02, 2021

The pitfalls of relying on s21 during the pandemic

Master Dagnall recently gave judgment in a case which considered several issues regarding the pandemic and possession proceedings which are worthy of note as the stay on evictions has again been extended, writes Jane Talbot.
March 01, 2021

The LLG Grapevine 1st March

This week Deborah Evans, Dennis Hall and Helen McGrath discuss Covid Procurement Transparency, Local Authority Pension Investment, Emergency Legislation during Covid, Working Time and being 'On Call', News from Wales, Schools, Fly-tipping and Dismissal for Not Wearing a Face Mask.
February 26, 2021

Health and Care White Paper: opportunities for local authorities

Kirtpal Kaur Aujla considers what the Government's Health White Paper means for local authorities.
February 19, 2021

Extended halt on evictions (again, again): exemption applications; warrants and extensions

Amy Kelly considers the latest extension of the prohibition on enforcement of some possession orders in England and Wales.
February 19, 2021

The COVID-19 vaccine and employees

Can employers require employees to be vaccinated? Joanne Bell and Louise Bloomfield consider some o the legal issues.
February 12, 2021

Covid-19 and Specific Changes in Law

Amy Callahan-Page sets out the key points from a recent High Court ruling on risk allocation between a council and a leisure centre operator.
February 12, 2021

Closing gyms during lockdown

Sarah Clover recently supported a city council in closing down a gym which opened persistently in contravention of Coronavirus Regulations and the lockdown restrictions. She explains what this involved.
February 12, 2021

The Covid-19 vaccine and capacity

A senior judge recently ruled that it was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son. Jennifer Swan analyses the judgment.
February 05, 2021

Community Treatment Orders: does seeing patients remotely suffice?

Jonathan Auburn and Lucy McCann assess whether decision-making as to community treatment orders requires physical attendance.
February 05, 2021

Challenging the Streetspace Plan

The High Court recently quashed the Mayor of London's Streetspace Plan and TfL’s Bishopsgate Traffic Management Order. David Matthias QC and Charles Streeten explain why the black cab drivers succeeded.
January 29, 2021

Coronavirus (COVID-19) - Governance Tracker

This tracker from LexisNexis Local Government intended to be used to track the most recent key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) local authority governance, where relevant to local government lawyers.
January 29, 2021

Leisure centre losses during the pandemic

Louis Sebastian analyses a High Court dispute between a council and a leisure centre provider over where losses arising from closure of facilities during the current coronavirus pandemic fall.
January 20, 2021

The Office: District Judge rules on Covid-19 Summary Review

An experienced district judge has issued the first fully reasoned judgment on a Covid-19 summary review. Gary Grant analyses the ruling.
January 20, 2021

Delivering leisure facilities in a post-covid world

The pandemic has introduced new hurdles in the provision of local authority led leisure services. Peter Ware, Catherine Rustomji and Alex Kynoch look at the different options available to councils, including establishing a charity.
January 15, 2021

Changing safeguards for children in care: the Article 39 case

David Gregory looks at a powerful recent Court of Appeal judgment on the consultation undertaken by the Government on changes to the delivery of children's services during the pandemic.
January 14, 2021

The halt on evictions (again)

Amy Kelly analyses the latest prohibition on enforcement of some possession orders in England and Wales.
January 08, 2021

Covid-19 Regulations – the enforcement role of local authorities

Horatio Waller looks at defining the enforcement role of local authorities and best practice on ‘designating’ officers for enforcement purposes.
January 08, 2021

Remote meetings: planning for permanence

Ed Hammond looks at the benefits of remote meetings and the likelihood the arrangements facilitating them will be put on a permanent footing.
January 04, 2021

NAHT calls for school closures: the right to education during the second wave of Covid-19

Khatija Hafesji considers the Department for Education’s latest school closure and mass testing decisions and their implications for the right to education.
December 22, 2020

New local authority Covid enforcement powers

Gary Grant analyses the new enforcement tools that allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
December 20, 2020

The Tier 4 Regulations: impact on businesses

Gary Grant sets out the key points for businesses from the Government's regulations implementing the new Tier 4.
December 18, 2020

Running elections in 2021 - What's changing?

Elections are now likely to take place in May 2021. What are the challenges facing returning officers and their staff, running elections in a coronavirus (COVID-19) environment and what is being done to address them? Mark Heath explains.
December 11, 2020

Coronavirus restrictions and interim steps appeals

Birmingham Magistrates’ Court has this week (10 December 2020) dismissed appeals against interim steps taken by Birmingham City Council on summary reviews of two premises licences that arose out of trading in breach of restrictions imposed on the hospitality sector as part of the response to the Coronavirus pandemic. Charles Holland explains why.
December 07, 2020

All Reasonable Measures: tidying up the Coronavirus, Restrictions Regulations and the law of unintended consequences

Charles Holland looks at how a “tidying up” amendment in the new All Tiers Regulations has removed an important obligation on the operators of a significant class of premises in Tier 3.
December 03, 2020

Coronavirus (COVID-19) – implications for property

The following Property practice note from LexisNexis provides comprehensive and up to date legal information covering the implications for commercial and residential property of the Coronavirus (COVID-19) pandemic.
November 27, 2020

Vaccinations for children

When it comes to vaccinations for children, what happens when there is disagreement either between parents or between parents and the local authority? Sophia Stapleton looks at the legal background.
November 20, 2020

Coronavirus (COVID-19) - Managing the Workplace

The following LexisNexis Employment practice note provides comprehensive and up to date legal information covering the management of workplaces during the Coronavirus pandemic.
November 09, 2020

Care and support for disabled and elderly people during ‘Lockdown 2’ in England - key legal considerations

Steve Broach and Sian Davies consider the implications of the second lockdown for people in need of care and support and the families and professionals involved in their lives.
November 06, 2020

DHSC care home visiting guidance

The Department for Health and Social Care has published its eagerly awaited care home visiting guidance for England. Alex Ruck Keene sets out the key points.
November 06, 2020

For COVID’s sake, get me to the polls on time!

Timothy Straker QC and Katharine Elliot analyse current law regarding local authority change of governance referendums, including in light of the COVID-19 pandemic.
November 04, 2020

The Lockdown 2 Regulations

Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.
October 30, 2020

The effect of the pandemic on local authority governance

The Centre for Governance and Scrutiny has been keeping a watching brief on the way that councils are managing the pressures on governance arising from the pandemic, writes Ed Hammond.
October 26, 2020

Key considerations for stock transfer deals during the COVID-19 pandemic

With large numbers of homes expected to change hands over the coming 12–18 months, Susie Rogers and Wilson Tang consider what housing providers need to do to factor the current COVID-19 pandemic into their planning process.
October 23, 2020

Winter Plan: Impact on the deprivation of liberty safeguards

In the third in a series of articles by barristers at 39 Essex Chambers on the Winter Plan, Neil Allen considers whether the government's guidance on self-isolation constitutes a deprivation of liberty for those with reduced capacity.
October 22, 2020

Coronavirus (COVID-19) - Social Care Tracker

This LexisNexis tracker is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to COVID-19, where relevant to social care lawyers.
October 22, 2020

Coronavirus: Regulation of business & enforcement of the three tier system

In this webinar, David Comb examines the National Three Tier system of regulating business activity in response to the Coronavirus pandemic, including enforcement of the regulations.
October 19, 2020

The 3-Tier Covid Regulations: Impact on Licensed Premises

Gary Grant and Charles Holland summarise the new system brought in through the 3-Tier Covid Regulations and focus on its impact on licensed premises.
October 16, 2020

Getting off the hook

Parishil Patel QC and Katherine Barnes provide a guide to securing release from contractual obligations and varying public contracts in light of COVID-19. [1]
October 16, 2020

The Winter Plan and the right to family life

In the second of a three-part series from 39 Essex Chambers on the Government’s Adult Social Care: COVID-19 Winter Plan 2020-2021, Steve Broach looks at the implications for the right to respect for private and family life.
October 09, 2020

Enforcement of self-isolation

Alex Ruck Keene looks at another minefield to navigate in the capacity context - how new requirements on self-isolation apply to those with impaired decision-making capacity.
October 09, 2020

Department for Health and Social Care Winter Guidance: issues for local authorities

Siân Davies provides an overview of the Department of Health and Social Care (non-statutory) guidance issued on 18 September 2020.
October 02, 2020

Data protection challenges of remote working

Samantha Smith looks at how organisations can handle the data protection challenges of remote working.
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