Tele v Path (Local Authorities) Ltd and Another: EAT 20 Mar 1998
Judges: N Butter QC HHJ Citations: [1998] UKEAT 119 – 98 – 2003 Links: Bailii Employment Updated: 16 June 2022; Ref: scu.206289
Judges: N Butter QC HHJ Citations: [1998] UKEAT 119 – 98 – 2003 Links: Bailii Employment Updated: 16 June 2022; Ref: scu.206289
Judges: Mr Justice Lawrence Collins Citations: [2003] EWHC 2766 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Local Authorities Mutual Investment Trust v Customs and Excise VDT 27-Jan-2003 . . Cited by: Appealed to – Local Authorities Mutual Investment Trust v Customs and Excise VDT 27-Jan-2003 . . Lists of cited by … Continue reading Local Authorities Mutual Investment Trust v the Commissioners of Customs and Excise: ChD 21 Nov 2003
The authority complained at the intended use by the respondent of a performance assessment issued by a third party. The Audit Commision appealed. Held: The use of the third party assessment was proper where that body had the appropriate skills to make the assessment. Judges: Walker J Citations: [2005] EWHC 195 (Admin), Times 02-Mar-2005 Links: … Continue reading Ealing London Borough Council v The Audit Commission for Local Authorities and Another: Admn 17 Feb 2005
It had been the practice of planning authorities, acting through their officers, to tell applicants whether or not planning permission was necessary. A letter was written by the Council Engineer telling the applicants that no permission was necessary. The applicants acted on it. Held: The planning authority could not go back on it. Lord Denning … Continue reading Wells v Minister of Housing and Local Government: CA 1967
Regional Spatial Stategies, setting targets for new homes within regions, and governing planning consents were to be withdrawn by the respondent and replaced in due course by a new planning bill. The claimant objected that this could only be achieved by primary legislation, and that pending such it was wrong to allow the respondent to … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 10 Nov 2010
Local authorities were presently bound to plan future housing developments in accordance with Regional Spatial Strategies which the new government intended to abolish. The respondent had previously been told by the court that primary legislation was required, and that therefore a direction to ignore the current criteria was unlawful. The claimant now said that a … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government: Admn 16 Dec 2010
The complainant has requested information relating to an investigation being carried out by the council into activities at a property, near to where he lives, which he considers are breaching licencing requirements. The council refused the request on the basis that section 30(1)(b) of the Act applied (Investigations and proceedings conducted by public authorities). The … Continue reading Newcastle City Council (Local Government): ICO 4 May 2020
The complainant requested photographs of a neighbouring property taken by the Aylesbury Vale District Council (AVDC) when assessing whether it met with permitted development rules. He also requested copies of the notes written by officers assessing the development. He considers that the council may not have assessed the development properly. The council applied Regulation 12(4)(b) … Continue reading Aylesbury Vale District Council (Local Government): ICO 14 May 2020
The applicant, a gipsy had occupied land she had bought. Her occupation was in breach of planning control. The inspector found exceptional cirumstances for allowing her to continue to live there. The authority appealed. Held: The inspector had failed to take sufficient account of the unlawfulness fo her occupation. It was important that the concept … Continue reading South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and Linda Porter: CA 19 May 2003
The complainant requested information about looked-after children. Specifically, she asked to know about the number of instances where other local authorities had placed children in care in St Helens Council’s (SHC) area, and the number of instances where SHC had placed children in care in other local authority areas. SHC disclosed much of the information … Continue reading St Helens Council (Local Government): ICO 9 Jan 2020
The complainant requested information about care placements for looked-after children. Specifically, she asked to know about the number of instances where other local authorities had placed children in care in Sunderland City Council’s (SC) area, and the number of instances where SC had placed children in care in other local authority areas. SC disclosed some … Continue reading Sunderland City Council (Local Government): ICO 9 Jan 2020
It was argued that the Secretary of State should have called in a planning application so as to avoid the risk of the local planning authority acting incompatibly with article 6. Held: The court considered the obligations of the Secretary of State: ‘The Secretary of State’s obligation under section 6 of the Human Rights Act … Continue reading Adlard and Others, Regina (on the Application Of) v Secretary of State for Transport, Local Government and Regions and others: CA 24 Apr 2002
The court had to decide to which of two local authorities, responsibility for supervising a care order should be assigned. The child had moved to live with his grandparents. Held: The judge had been correct to find that family circumstances might justify not following the rules in Northamptonshire and Plymouth, but the case was not … Continue reading H (Child), Re (Care Order: Appropriate Local Authority): CA 18 Nov 2003
Pill LJ considered the adoption of screening opinions by local planning authorities: ‘Mr Maurici [for the Secretary of State] accepted that screening decisions will usually be made at an early stage of the planning process. However, if a council came to the belief during the course of making the decision that the proposed development might … Continue reading Loader, Regina (on The Application of) v Secretary of State for Communities and Local Goverment and Others: CA 29 Jun 2012
The complainant has requested information held by Brighton and Hove City Council concerning any actions and decisions it has taken to ensure that the FOIA legislation is implemented correctly, and information held by the Council which concerns the number of investigations conducted by the ICO into its handling of requests for information compared with similar … Continue reading Brighton and Hove City Council (Local Government): ICO 10 Oct 2018
The court was asked to consider the decision to merge two health authorities. Ouseley J discussed what need to be made available to support the consultation: ‘What needs to be published about the proposal is very much a matter for the judgment of the person carrying out the consultation to whose decision the courts will … Continue reading Devon County Council and Another v Secretary of State for Communities and Local Government: Admn 21 Jun 2010
The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an allegation of indecent assault on the applicant’s daughter and of an earlier allegation of abuse when … Continue reading Regina v Local Authority and Police Authority in the Midlands ex parte LM: 2000
The parents appealed against an adoption order saying that the authority had made an error in the procedure. The court at first instance had said that the error had been remedied by the effect of the hearing before him. Held: The appeal succeeded. It was vital that adoption authorities comply with the requirements of the … Continue reading MJ (Mother) and LB (Father) v Local Authority and others: CA 17 Jul 2008
The complainant requested information obtained by the Local Government Ombudsman (LGO) describing action taken by public authorities to comply with recommendations made by the LGO. The LGO refused to disclose this information, citing the exemption provided by section 44(1)(a) of the FOIA. The Commissioner’s decision is that the LGO applied the exemption provided by section … Continue reading Local Government Ombudsman (Decision Notice): ICO 5 Dec 2011
The complainant has requested a copy of an agreement between local authorities and Peel Group relating to Durham Tees Valley Airport Ltd. Darlington Borough Council withheld the information under the exemption for commercial interests (section 43(2) of the FOIA) and, following the Commissioner’s involvement, revised its position, withholding the information under the EIR exception for … Continue reading Darlington Borough Council (Local Government (Borough Council)): ICO 27 Nov 2017
The court considered the meaning of ‘maladministration’ in the section. Held: Lord Denning MR said: ‘It will cover ‘bias, neglect, inattention, delay, incompetence, ineptitude, perversity, turpitude, arbitrariness and so on.’ It ‘would be a long and interesting list’ clearly open-ended, covering the manner in which a decision is reached or discretion is exercised; but excluding … Continue reading Regina v Local Commissioner for Administration for the North and East Area of England ex parte Bradford Metropolitan City Council: CA 1979
Mr Sharp was the local land registrar with statutory duty to maintain the local registry, issuing certificates in response to search requests. A clerk who had been seconded by another Council to assist him negligently issued an inaccurate certificate to a prospective purchaser of land, omitting any reference to a claim to reimbursement of compensation … Continue reading Ministry of Housing and Local Government v Sharp: CA 1970
Regulations specifying the tolls for the Humber Bridge did not mention a charge for large buses. Held: The same rules had to be applied in construing statutory instruments as applied in construing statutes. The explanatory note issued with the Regulation made it clear beyond peradventure that the ommission was a clerical error, and the Regulation … Continue reading The Confederation of Passenger Transport UK v The Humber Bridge Board and the Secretary of State for Transport Local Government and the Regions: CA 25 Jun 2003
The material considerations to be allowed for by the local authority in exercising its planning functions are considerations of a planning nature, ‘all considerations relating to the use and development of land are considerations which may, in a proper case, be regarded as planning considerations’. Though a private individual may not have any right of … Continue reading Stringer v Ministry of Housing and Local Government: 1970
Maladministration includes bias, neglect, inattention, delay, incompetence, inaptitude, perversity, turpitude and arbitrariness in reaching a decision or exercising a discretion, but that it has nothing to do with the intrinsic merits of the decision itself.Lord Donaldson of Lymington MR set out the correct view of the relationship between a local authority and the Ombudsman: ‘There … Continue reading Regina v Commissioner for Local Administration ex parte Eastleigh Borough Council: CA 1988
Local authorities involved in care proceedings will infringe the rights of parents and other individual parties to them under both Article 6 and Article 8 of the Convention unless they conduct themselves with integrity, transparency and inclusiveness so as to satisfy the family’s rights, necessarily to be construed in a wide sense, to a fair … Continue reading Re M (Care: Challenging Decisions by Local Authority): FD 2001
Pyx Granite had the right to quarry in two areas of the Malvern Hills. The company required permission to break fresh surface on one of the sites. Held: Conditions attached to the planning permission relating to such matters as the times when machinery for crushing the stone could be used and the control of dust … Continue reading Pyx Granite Co Ltd v Minister of Housing and Local Government: CA 1958
No action in tort lay against highway authorities for a failure to repair a highway. They were no more liable than were the local inhabitants.Lord Halsbury said: ‘We are to consider the scope and purpose of the statute, and in particular for whose benefit it is intended. Now the object of the present statute is … Continue reading Cowley v Newmarket Local Board: HL 1892
While it is not for the courts to interfere with the formulation or administration of the Minister’s planning policies, the Minister is not able to dictate the exercise of discretion on the basis of a policy mandate. Judges: Willis J Citations: [1970] 1 WLR 1231, [1970] 3 All ER 871 Cited by: Cited – Ealing … Continue reading Lavender v Minister of Housing and Local Government: 1970
The appellant was a head teacher at a primary school, of which the second respondent was the governing body, until she was summarily dismissed for gross misconduct in May 2011. The reason for her dismissal was that she had failed to reveal to the school authorities that a male, IS, with whom she was in … Continue reading A v B Local Authority and Another: CA 19 Jul 2016
ECJ Judgment – Reference for a preliminary ruling – Public contracts – Articles 49 TFEU and 56 TFEU – Directive 2004/18/CE – Medical transport services – National legislation authorising regional health authorities to entrust medical transport activities to registered voluntary associations fulfilling the legal requirements, directly and without advertising, by means of reimbursement of the … Continue reading Casta And Others v Azienda Sanitaria Locale di Cirie, Chivasso e Ivrea and Others: ECJ 28 Jan 2016
The court was asked: ‘what are the consequences for a decision which has been made on the back of an unlawful decision? In the case of these claimants from the Traveller and Gypsy community, the Secretary of State for Communities and Local Government (‘the Secretary of State’) made directions to recover (or call in) their … Continue reading Mulvenna and Smith v Secretary of State for Communities and Local Government and Another: Admn 4 Dec 2015
ICO Local government (County council) The complainant has requested records held by the council about his father whilst in care in a private nursing home and any details it holds about him. The council applied section 14(1) and 14(2) (vexatious and repeated requests). It said that the complainant had made a number of similar requests … Continue reading Kent County Council (Local Government (County Council)): ICO 5 Jan 2015
The complainant has requested information relating to Corby Parkland’s Gateway Car Park and the ‘Operational Guidance to local authorities: parking policy and enforcement’. The Commissioner’s decision is that Northamptonshire County Council has correctly applied the vexatious provision at section 14(1) of the FOIA. He does not require any steps to be taken. FOI 14: Not … Continue reading Northamptonshire County Council (Local Government (County Council)): ICO 8 Sep 2015
The complainant requested information relating to money borrowed by Thurrock Council (the Council) from other local authorities and information relating to the amount lent by the Council to other local authorities. The Council refused to provide the requested information citing sections 43 (commercial interests) and 36 (prejudice to effective conduct of public affairs) of the … Continue reading Thurrock Council (Local Government) FS50894976: ICO 14 Jul 2020
ICO The complainant submitted a request to the public authority for information in relation to the future plans for Durham Tees Valley Airport. The public authority confirmed that it held a number of financial reports prepared by independent financial advisors to assist the authority along with five other local authorities in making a decision regarding … Continue reading Stockton On Tees Borough Council (Local Government (Borough Council)): ICO 22 Jul 2015
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011
The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition. Held: The challenge was rejected. Whether an EIA was required for a … Continue reading Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010
The respondent had circularised local authorities to say that when assessing future local housing needs a proper material consideration was the proposed Localism Bill which would lead to the replacement of ‘Regional Spatial Strategies’ on which such decisions would presently rest. The claimant appealed against rejection of its argument that that the letter was unlawful. … Continue reading Cala Homes (South) Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: CA 27 May 2011
The applicant had sought to quash a refusal of its plannng application. An order had been made for the service of evidence, and the judge had set down an order which was expressed to be of more general application. The Secretary of State now appealed saying that the order had been ultra vires the judge. … Continue reading Secretary of State for Communities and Local Government v Bovale Ltd and Another: CA 11 Mar 2009
Dyson LJ considered the interaction between race relations law and planning permission in the context of gypsy encampments. He looked at section 71 of the 1976 Act and said: ‘In my judgment, it is important to emphasise that the section 71(1) duty is not a duty to achieve a result, namely to eliminate unlawful racial … Continue reading Baker and Others, Regina (on the Application of) v Secretary of State for Communities and Local Government and Others: CA 28 Feb 2008
The complainant has requested information regarding financial assessments of local authorities. The Ministry of Housing, Communities and Local Government (MHCLG) refused the request under the exemption for prejudice to commercial interests (section . .
Claimant local authorities sought judicial review of the defendant’s decision to make statutory instruments. The claim sought to quash some provisions of the statutory instruments relating to houses in multiple occupation. The Councils, all of whom . .
The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .
A local authority which permitted children in care to remain at home with their mother was not providing accommodation within the meaning of section 23(1)(a) of the Children Act 1989 and accordingly section 105(6)(c) did not apply. The court . .
ICO The complainant has requested information relating to the successful contractor who won a tender for the provision of the Kent Public Service Network, a shared ICT platform to deliver services to a large . .
16 local authorities joined together to challenge the bringing in of the community charge, and of rules giving central government a greater say over management of local finance by local authorities.
Held: Acts which are essentially political . .
A bank, having made payment under an void interest rate swap agreement to a local authority, was entitled to recover the payments made under the equitable doctrine of restitution. It would be wrong to allow the local authorities to enjoy an unjust . .
Claim for judicial review of the decision by the Minister for Disabled People to close the Independent Living Fund with effect from 30 June 2015, and to transfer funding to the devolved administrations in Scotland and Wales, and to local authorities . .
The court considered the proper approach on the award of costs on enforcement proceedings taken by local authorities seeking payment of unpaid council tax. . .
Lord Widgery, Lord Chief Justice, discussed extending the concept of estoppel saying: ‘There has been some advance in recent years of this doctrine of estoppel as applied to local authorities through their officers, and the most advanced case is the . .
There was no general onus on Local Authorities to give reasons for their decisions in the absence of any explicit or particular duty. Citations: Independent 13-Jun-1995, (1995) 28 HLR 94 Jurisdiction: England and Wales Cited by: Cited – Hasan, Regina (on the Application of) v Secretary of State for Trade and Industry CA 25-Nov-2008 The … Continue reading Regina v Kensington and Chelsea London Borough Council Ex Parte Grillo: CA 13 Jun 1995
Local Authority may cease to provide any care of a particular class if alternative voluntary arrangements can be made available. Citations: Gazette 06-Sep-1995, Times 29-Jun-1995 Statutes: Community Care Act 1990 1, National Assistance Act 1948 Jurisdiction: England and Wales Citing: Appeal from – Regina v Wandsworth London Borough Council Ex Parte Beckwith QBD 21-Apr-1995 A … Continue reading Regina v Wandsworth London Borough Council Ex Parte Beckwith: CA 29 Jun 1995
A Local Authority could reclaim overpaid Housing Benefits even though it had failed to follow precisely the required procedures for such a recovery, provided that it could demonstrate that the failing was immaterial, and that the failure caused the defendant no injustice. Judges: Rich, Otton, Pill LJJ Citations: Times 03-Jun-1999, [1999] EWCA Civ 1491, (2000) … Continue reading Haringey London Borough Council v Awaritefe, Secretary of State for Social Security Intervening: CA 3 Jun 1999
The University applied to have struck out the claim by the claimant for damages alleging negligence in its teaching leading to a lower class degree than he said he should have been awarded. Held: Strike out on the basis that the claim was bound to fail was refused. Nor was the claim bound to fail … Continue reading Siddiqui v University of Oxford: QBD 5 Dec 2016
The claimants were members of the defendant trades union which settled their claims for sex discrimination against local authorities. They said that the union had entered into a settlement which still discriminated against them, and that therefore the union was itself guilty of indirect sex discrimination. Held: The claimants’ appeal succeeded, and the matter was … Continue reading Allen and others v GMB: CA 16 Jul 2008
Applications were made to challenge closure of care homes by local authorities, based on arguments that the human rights of the residents would be infringed by a requirement to move. Judges: Sedley, Toulson LJJ Citations: [2009] EWCA Civ 1290 Links: Bailii Jurisdiction: England and Wales Local Government, Human Rights Updated: 20 December 2022; Ref: scu.381582
The court considered the powers of the court in care proceedings where it did not approve the authority’s proposed care plan. The judge had made supervision orders in relation to both children coupled with an injunction restraining the mother from removing the children from the foster home in which the local authority had placed them. … Continue reading Re S and D (Child Care Powers of the Court ): CA 1995
(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant claimed that the local authorities were responsible for the accident at the tip and for … Continue reading Oneryildiz v Turkey: ECHR 18 Jun 2002
Children sought damages from police and local authorities. They were taken into care when police suspected sexual abuse by their mother. The police continued with the case after it had been made clear to them that the suspicion was groundless, and failed to disclose the facts to others involved or the parents, and indeed continued … Continue reading GD and BD (Children) (Rev 1): FD 20 Dec 2016
The court was concerned to interpret s122(4) of the 1999 Act relating to ‘essential living needs’. Basic support and basic essential needs by reference to non-disabled asylum seekers would be provided by the Secretary of State under the 1999 Act, but that any additional support needed as a result of disabilities would be provided by … Continue reading Regina (on the application of Ouji) v Secretary of State for the Home Department: 2002
In three linked cases, unaccompanied asylum-seeking children had had assistance with housing from the local social services authorities. They claimed entitlement to support as former relevant children under section 20. The local authorities argued that they had provided accommodation under section 17 rather than section 20 of the 1989 Act. Held: Once the section 20 … Continue reading H and others v London Borough of Wandsworth and others: Admn 23 Apr 2007
The court set out authoritative guidance as to the scope of a reviewing court’s power to interfere on the ground of the insufficiency of inquiry by a local authority to whom a homelessness application had been made. Neill LJ said: ‘(1) The duty to make inquiries is to make such inquiries as are necessary to … Continue reading Regina v Royal Borough of Kensington and Chelsea ex p Bayani: 1990
The local authority sought to use its powers under the Act to enforce planning control over gypsies. Citations: [1988] 1 WLR 246 Statutes: Local Government Act 1972 222 Jurisdiction: England and Wales Cited by: Cited – Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle … Continue reading Waverley Borough Council v Hilden: 1988
A social worker arranged for L, a seriously troubled young person who had been evicted from her mother’s home, to live for a few days in an hotel. Held: As she had previously been looked after by the local authority for some time, this would be sufficient for her to become a relevant child under … Continue reading L, Regina (on the Application of) v Nottinghamshire County Council: Admn 26 Sep 2007
The tenant applicant said that the authority had a power to make a discretionary housing payment to cover arrears of rent incurred after an increase. Citations: [2008] EWHC 663 (Admin) Links: Bailii Statutes: Child Support, Pensions and Social Security Act 2000, Discretionary Financial Assistance Regulations 2001 Jurisdiction: England and Wales Cited by: Appeal from – … Continue reading Gargett, Regina (on the Application of) v London Borough of Lambeth: Admn 8 Apr 2008
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant asserted bias on the part of the head of the housing needs and resources of … Continue reading Feld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster: CA 18 Oct 2004
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the … Continue reading Dover District Council v CPRE Kent: SC 6 Dec 2017
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
Healthcare provider Turning Point has signed an undertaking committing the organisation to take action after the loss of three service users’ files during an office relation. Five local authorities have signed undertakings to comply with the seventh data protection principle, following incidents where the councils failed to take appropriate steps to ensure that personal information … Continue reading Turning Point (Undertakings): ICO 18 Jan 2012
On a challenge as to the adequacy of the reasons given for a planning decision: ‘I hope I am not over-simplifying unduly by suggesting that the central issue in this case is whether the decision of the Secretary of State leaves room for genuine as opposed to forensic doubt as to what he has decided … Continue reading Clarke Homes Ltd v Secretary of State for the Environment: CA 1993
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003
The claimants succeeded in their applications for asylum, and then applied for housing assistance. They now appealed refusal of such assistance. The issue was how the authority had treated their medical evidence in the review process. Mrs Shala was receiving treatment for depression. Held: The appeal succeeded. Housing authorities should be careful not to hide … Continue reading Shala and Another v Birmingham City Council: CA 27 Jun 2007
An employee was suspended, but complained of race discrimination. A settlement was reached. When applying for another job, the reference given mentioned only one side of the dispute. Held: A reference had to be viewed as a whole, and to be seen to be fair, but that in this case it was. The claimant had … Continue reading Bartholomew v London Borough of Hackney and Yeboah: CA 23 Oct 1998
The general aim of regulations imposed by local authorities on traders was to ensure the good conduct and efficiency of the various trades and activities for the benefit and protection of the citizens in the burgh. Judges: Lord Avonside Citations: 1966 SC 137 Jurisdiction: Scotland Cited by: Cited – Stewart v Perth and Kinross Council … Continue reading Reid v Mini-Cabs: SCS 1966
If accommodation is not reasonable for a person to occupy, it is not suitable for him. Arden LJ said: ‘homelessness is a large social problem directly and substantially affecting the lives of many people in the UK, and those who depend on them, including young children. The causes are no doubt manifold: they include not … Continue reading Birmingham City Council v Aweys and others: CA 7 Feb 2008
Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was provided accommodation by NASS, but was unhappy with it and sought … Continue reading Regina (on the Application of Mani) v London Borough of Lambeth: CA 9 Jul 2003
Application for judicial review of the decision of the defendant Borough Council to serve a notice pursuant to section 11 of the London Local Authorities Act 1995 requiring the claimant to remove an advertisement hoarding Judges: Blake J Citations: [2009] EWHC 129 (Admin) Links: Bailii Statutes: Town and Country Planning (Control of Advertisement) (England) Regulations … Continue reading Jcdecaux UK Ltd, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Jan 2009
The company appealed an order refusing review of a decision requiring it to take down advertising hoardings. Citations: [2007] EWCA Civ 1328 Links: Bailii Statutes: London Local Authorities Act 1995 11, Town and Country Planning (Control of Advertisement) Regulations 1992 (SI 1992/666) SCh 3 Jurisdiction: England and Wales Citing: Appeal from – Clear Channel UK … Continue reading Clear Channel UK Ltd, Regina (on the Application of) v London Borough of Southwark: CA 13 Dec 2007
The complainant has requested from Highways England (HE) the names of the local authorities with litter clearing responsibilities it intends to issue a briefing note to. The Commissioner’s decision is that, on a balance of probabilities, HE does not hold information within the scope of the request. The Commissioner does not require HE to take … Continue reading Highways England (Central Government): ICO 22 Jul 2019
The Council sought to challenge proposals by the Commission for re-organisation of its boundaries. The Secretary of State had asked the Commission to see if there was any proposal which might lead to a unified authority but which also met the criteria identified in Breckland. The council said that the consultation should be all in … Continue reading East Devon District Council v Electoral Commission (the Boundary Committee for England): Admn 8 Jan 2009
The applicant sought to leave to appeal against refusal of his challenge to the registration of land as a green. Held: The 1965 Act did not limit the registration of greens to those which were registered by 3 January 1970. The Commons Commissioners have no jurisdiction in a dispute arising under section 13. The 1969 … Continue reading Whitmey, Regina (on the Application of) v the Commons Commissioners: CA 21 Jul 2004
Judges: Wilkie J Citations: [2002] EWHC 1961 (Admin) Links: Bailii Statutes: London Local Authorities Act 1990 38(1)(a) Jurisdiction: England and Wales Crime, Licensing Updated: 14 November 2022; Ref: scu.241522
A homeless gypsy caravan dweller applied for housing. The authority offered temporary bed and breakfast accomodation. She complained that she had an aversion to living in bricks and mortar. Held: The authority had discharged its function. The duty of the authority was to secure the availability of suitable accommodation within a reasonable period of time, … Continue reading Codona v Mid-Bedfordshire District Council: CA 15 Jul 2004
Where a local authority entered into a loan agreement outside its powers, the agreement was void ab initio, not merely voidable, and all moneys paid could be reclaimed. Citations: Gazette 18-Mar-1998, Gazette 01-Apr-1998, Times 02-Mar-1998, [1998] EWCA Civ 294, [1998] 2 All ER 272, [1999] QB 215 Links: Bailii Jurisdiction: England and Wales Cited by: … Continue reading Guinness Mahon and Co Ltd v Kensington and Chelsea London Borough Council: CA 2 Mar 1998
Thorpe LJ said: ‘The interdisciplinary character of the family justice system emphasises the co-operation that should exist between the court and public authority. It is, from my perception, inconceivable that there should not be reciprocal respect between the court and public authority for their differing functions and differing views. Manifestly, the statutory responsibility post-care order … Continue reading C-H (a Minor) (care or interim order): CA 1998
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants. Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court … Continue reading Kilby v Basildon District Council: Admn 26 Jul 2006
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003
Challenge to Permanent Traffic Orders Judges: Mr Justice Eyre Citations: [2022] EWHC 2809 (Admin) Links: Bailii Statutes:
Dispute as to which council had obligation to support a young disabled man. Judges: Beatson J Citations: [2012] EWHC 3739 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21 24 32 Jurisdiction: England and Wales Cited by: Appeal from – Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Others … Continue reading Cornwall Council, Regina (on The Application of) v Wiltshire Council and Others: Admn 21 Dec 2012
The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the authority, and the guardian, wanted a stranger adoption, but the authority and the family … Continue reading Cheshire County Council and others v DS (Father) and others: CA 15 Mar 2007
FTTTx Value Added Tax – Taxable person – Local authority – Provision of off-street car parking – Impact of exemption on relevant market – Distortion of competition – Whether local authorities taxable persons in respect of provision of such parking – Questions referred to ECJ for determination – Application of ruling of ECJ (Case C-288/07) … Continue reading Isle of Wight Council and Others v Revenue and Customs: FTTTx 12 Oct 2012
The court confirmed the continued right of private prosecution. Watkins LJ set out section 6 of the 1985 Act and observed: ‘These provisions clearly envisage that persons other than the Director may institute proceedings and prosecute. As Mr Lawson said, and I accept, it would indeed be surprising if that were not so. One has … Continue reading Regina v Stafford Justices ex parte Customs and Excise Commissioners: 1991
A Local Authority is only vicariously liable for the negligence of a social worker to a child in care. Judges: The Master Of The Rolls (Lord Woolf) Lord Justice Evans Lord Justice Schiemann Citations: Times 22-Apr-1997, [1999] 3 WLR 79, [1997] EWCA Civ 1330 Jurisdiction: England and Wales Citing: Cited – X (Minors) v Bedfordshire … Continue reading Barrett v London Borough of Enfield: CA 25 Mar 1997
A Local Authority involved in a boundary change has power to make a deal with a neighbouring authority over land. Citations: Gazette 05-Mar-1997, Times 25-Feb-1997 Statutes: Local Government Act 1972 68 Jurisdiction: England and Wales Citing: Appeal from – Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council QBD 14-Dec-1995 … Continue reading Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council: CA 25 Feb 1997
The social worker arranged for D, unable to live with her father because he was violent towards her, to live with his fomer partner. The court was asked whether the local authority had simply facilitated a private fostering arrangement, in which case they had no duty to maintain the child, or whether they had accommodated … Continue reading Southwark, London Borough of v D: CA 7 Mar 2007
The claimants sought damages for professional negligence, in having failed to pursue a claim for professional negligence against a previous firm of solicitors who had acted for the claimant. Judges: The Honourable Mr Justice Eady Citations: [2003] EWHC 1091 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Swain v Hillman CA 21-Oct-1999 Strike … Continue reading William Browning, Maureen Browning v Messrs Brachers (A Firm): QBD 15 May 2003
The applicants sought damages after they had had placed with them for adoption a child who proved to be destructively hyperactive. Held: The authority might be liable where they failed to disclose to adoptive parents known characteristics of a child. A person exercising a particular skill might owe a duty of care where its negligent … Continue reading A, B v Essex County Council: QBD 18 Dec 2002
The Housing Associations Act 1985 empowered a local authority to give guarantees in relation to registered housing associations. A local authority guaranteed a bank loan for an unregistered housing association. Held: A Local Authority had no power to guarantee a loan to an unregistered housing association. Section 111(1) of the 1972 Act could not be … Continue reading London Borough of Sutton v Morgan Grenfell and Co Ltd Morgan Grenfell and Co Ltd v Mayor and Burgesses of London Borough of Sutton London Borough of Sutton v Morgan Grenfell and Co Ltd Wellesley Housing Association Ltd: CA 24 Oct 1996
The applicants were asylum seekers, but also had disabilities, and sought housing assistance from the local authorities. The authorities replied that they had no duty to provide housing because of the Immigration Act. Held: The 1948 Act provided care where no other was available. The need for rehousing here arose in part from the applicant’s … Continue reading Regina (Mani) v Lambeth London Borough Council, Regina (Tasci) v Enfield London Borough Council, Regina (J) v Same: Admn 18 Apr 2002