January 22, 2025
Could this be the end for local authority-provided residential care?
Mike Clifford discusses the trend of local authorities selling or closing their residential care facilities and what it means for the future of adult social care.
January 21, 2025
Care proceedings, histopathological examination, and concurrent police investigations
Emily Verity analyses an important Family Division case regarding expert evidence in cases involving the death of a child and where there is a parallel police investigation.
January 21, 2025
“On a DoLS”
Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.
January 21, 2025
Errors with school exclusion processes
A recent school exclusions case has confirmed that ‘substance over form’ is key, writes Hayley O’Sullivan.
January 21, 2025
It’s all about the care plan
A couple of recent Court of Protection cases illustrate two key themes, writes Sarah Erwin-Jones. They are that the care plan is king – get that clear first, and that openness, transparency and compliance with court directions is essential for local authorities.
January 21, 2025
Changes to admissions
What does the new schools bill mean for admissions? Joanne Goddard explains.
January 21, 2025
With great power
Matthew Maynard and Tom Duggan consider the impact of a Court of Appeal ruling on the extent of the powers of the Family Court.
January 21, 2025
Disability discrimination or fair dismissal?
An autistic teacher was dismissed for sending abusive emails to colleagues. Alexandra Abbington looks at the Employment Appeal Tribunal’s ruling.
January 21, 2025
How should a school or trust approach a Data Subject Access Request?
More and more it is commonplace for schools and academy trusts to receive Data Subject Access Requests (DSARs) from parents, either for themselves or on the behalf of their child. Liam Ellwood explores what a DSAR might look like, and how a schools or trust should look to deal with it in the first instance.
January 21, 2025
Family law case update: January 2025
Caitlin Smithey summarises the latest public law family cases of interest to practitioners.
January 21, 2025
Court of Protection case update: January 2025
Sarah Hutchinson rounds up the latest Court of Protection judgments of interest to practitioners.
January 17, 2025
The Children’s Wellbeing and Schools Bill: an overview
Katharine Elliot, Claudia Hyde and Siân McGibbon set out the key provisions in the far-reaching Children’s Wellbeing and Schools Bill.
January 17, 2025
Defending decisions taken in line with adopted licensing policies
Last month a High Court judge handed down an important judgment on the approach to departures from licensing policy. Josef Cannon KC looks at the lessons from the ruling.
January 17, 2025
Securing special educational provision
The High Court has provided important guidance on the ‘absolute duty’ to secure special educational provision, writes Ollie Persey.
January 17, 2025
Navigating the future: A consultative approach to local government funding reform
Peter Ware considers the Government’s proposed approach to local authority funding reform through the local government finance settlement from 2026-27.
January 17, 2025
Mental capacity and expert evidence
The Court of Appeal recently overturned a capacity ruling in a complex case. The ruling highlights the need for careful consideration of expert evidence, writes Catherine Rowlands.
January 15, 2025
How green can be my development?
John Pugh-Smith looks at the steps needed to address the delivery of biodiversity net gain against the backdrop of the Government’s call for a surge in housebuilding.
January 15, 2025
2024: Signposts from right of way litigation
Gavin McLeod looks at the lessons to be learned from right of way disputes over the last 12 months.
January 15, 2025
‘All hail the Mayor’
Philip McCourt sets out some key considerations arising out of the English Devolution White Paper.
January 15, 2025
NPPF 77 and housing land supply
Josef Cannon KC and Ryan Kohli consider an important High Court case concerning paragraph 77 of the National Planning Policy Framework and housing land supply.
January 15, 2025
The Building Safety Act: 2024 in review
As we hit the ground running in 2025, Daniel Searle looks back at some of the key developments of the Building Safety Act (“BSA”) in 2024 and opines on where we may be headed in the future.
January 15, 2025
Removal of neighbourhood traffic schemes
A High Court judge has dismissed a judicial review claim against the decision of Tower Hamlets to remove so-called ‘Liveable Streets’. Saira Kabir Sheikh KC and Daisy Noble explain why.
January 15, 2025
The Right to Buy and the “tenant condition”
Chloe Rixon analyses the Court of Appeal’s recent dismissal of an appeal by a London borough over an entitlement to exercise the Right to Buy.
January 14, 2025
The importance of Jervis v Harris [1996] – a contractual self-help tool for landlords
James Mallery-Nelson analyses a 1996 High Court decision that established a key precedent, providing commercial landlords with a common law mechanism to enforce tenants’ repairing obligations under their leases.
January 14, 2025
Abandoning a Procurement – Is it time to jump ship?
Sally Stock, Beth Edwards and Shyann Sheehy discuss the process of abandoning a procurement process, as well as highlighting restrictions on when it can be done.
January 10, 2025
Devolution: the opportunities and the challenges
The Government’s proposals for reorganisation of local authorities in England are broadly welcome, writes Simon Goacher.
January 10, 2025
The scope of S73 TCPA and Local Planning Authorities’ general power to impose conditions
Sara Hanrahan and James Burton examine a recent Court of Appeal judgment that clarifies some key points of legal principle concerning restrictions on the use of s.73 of the TCPA (Town and Country Planning Act) and has implications for LPA (Local Planning Authorities)’ power to impose conditions generally.
January 10, 2025
Saving shadow licences
Philip Kolvin KC looks at the lessons to be learned for those holding shadow licences from a recent High Court ruling involving a London nightclub.
January 10, 2025
Applications for a liability order enforcing CIL
Christopher Cant looks at the procedure for enforcing outstanding Community Infrastructure Levy (CIL) liabilities.
January 10, 2025
The dilemma of document integrity and the complexity of age determination
Tricia Lawlor and Shannon Wheeler look at the outcome of a recent challenge to an age assessment carried out by Kent County Council, in which the claimant was seeking to rely on a tazkira, an Afghan national identity document.
January 09, 2025
Interpretation of private sector housing enforcement policy
The Upper Tribunal has clarified the FTT’s limits on policy interpretation in a dispute over a financial penalty imposed on a letting agent by a local authority. Riccardo Calzavara analyses the ruling.
January 09, 2025
Enforcement against HMOs used to house asylum seekers
A Divisional Court recently upheld a district judge’s decision in a case over licensing of houses in multiple occupation (HMO) used for asylum seekers. The decision is of significant public importance concerning the enforcement of housing standards in HMOs, write Stephanie Harrison KC and Tim Baldwin.
January 09, 2025
Stock transfer agreements and the ability to enter transactions
A High Court judge has coined a new legal stock phrase in a judgment about the meaning of a stock transfer agreement. Matt Hutchings KC explains the ruling.
January 09, 2025
The Remediation Acceleration Plan and RPs
David Firth and Mathieu Quenin set out the key implications for Registered Providers and developers from the Government’s Remediation Acceleration Plan.
January 09, 2025
Only or principal home…as a tenant?
A recent Court of Appeal case raises interesting questions of statutory construction and housing policy, writes Andrew Lane.
January 09, 2025
Phasing-out of petrol and diesel cars for 2030: Comments and observations
Fred Groves and George Mclellan provide their views on the recent DfT consultation into phasing out petrol & diesel vehicles by 2030.
January 08, 2025
Employment Appeals Tribunal rules that a charity trustee was not precluded from bringing a whistleblowing claim
David Leach and Brianna Hall provide an update on a recent case from the Employment Appeals Tribunal, in which a charity trustee was not prevented from bringing a whistleblowing claim.
January 02, 2025
A shift in policy – More focused and cautious approach to legal reform nearly 4 years after Brexit?
Elizabeth Withers and Sally Stock provide insight into the decision not to enact Section 6 of the Retained EU Law Act.
January 02, 2025
Summary of the English Devolution White Paper
Rachel Murray-Smith, Beth Edwards and Freddie Farrell provide an overview of the white paper on devolution intended to increase powers of local authorities.
January 02, 2025
Summary of the Clean Power 2030 Action Plan: A new era of clean electricity
Steve Gummer and Freddie Farrell summarise the Clean Power 2030 Action Plan, covering the steps it takes to increase 'homegrown' energy production.
December 20, 2024
Bold ambitions
Amardeep Gill and Paul McDermott analyse the government’s English Devolution White Paper.
December 18, 2024
Best interests, wishes and feelings
Alex Ruck Keene KC (Hon) looks at a recent Court of Protection ruling that provided a worked example in an imperfect world.
December 18, 2024
Lies in family law proceedings
Avaia Williams analyses a recent Court of Appeal judgment which provides insight into the handling of lies and credibility in family proceedings. The case clarifies the treatment of lies in family courts, particularly as it relates to fact-finding in child welfare cases and the distinction between the criminal and family courts.
December 18, 2024
Children law update - December 2024
Michael Jones KC rounds up the latest children law cases of interest to practitioners.
December 18, 2024
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Alex Ruck Keene KC (Hon) analyses the latest Court of Appeal judgment to consider the issue of capacity to engage in sexual relations.
December 18, 2024
Revocation of adoption orders
Joanna Moody considers whether, and if so in what circumstances, an adoption order can ever be revoked.
December 18, 2024
Adoption and contact: where do go from here?
Mark Senior reviews recent developments in relation to adoption and contact, and considers what will happen next.
December 18, 2024
Adoption records – PLWG best practice: a guide
In a second article on the Public Law Working Group’s recommendations for best practice for adoption, Avaia Williams considers Chapter 2, which covers the crucial issue of access to adoption records.
December 18, 2024
Post adoption contact – PLWG best practice: a guide
In this first article in a series covering the Public Law Working Group’s recommendations for best practice for adoption, Avaia Williams delves into Chapter 1 of the PLWG report, which addresses a pivotal topic for professionals and families involved in adoption proceedings: post-adoption contact.
December 18, 2024
A guide to Transparency Orders
Claudia Saxton provides a simple breakdown guide in relation to transparency orders; who may be granted a transparency order and what may they report on.