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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Local Government - From: 1990 To: 1990

This page lists 9 cases, and was prepared on 02 April 2018.

 
Regina v Harrow London Borough Council ex parte D [1990] Fam 133
1990

Butler-Sloss LJ
Local Government, Children
The court discussed the legal status of the Child Protection Register. Butler-Sloss LJ: "The case conference has a duty to make an assessment as to abuse and the abuser, if sufficient information is available. Of its nature, the mechanism of the case conference leading to the decision to place names on the register and the decision-making process, is unstructured and informal. It is accepted by Mr Scrivener that it is not a judicial process. It is part of a protection package for a child believed to have been the victim of abuse. Unlike other areas of judicial review, the considerations are not limited to the individual who may have been prejudiced and the tribunal or organisation being criticised. In this field, unusually, there is a third component of enormous importance – the welfare of the child which is the purpose of the entry in the register. In proceedings in which the child is the subject, his or her welfare is paramount.
In balancing adequate protection for the child and fairness to an adult, the interest of an adult may have to be placed second to the needs of the child. All concerned in this difficult and delicate area should be allowed to perform their task without looking over their shoulder all the time for the possible intervention of the court." and
"The nature of the information recorded, the machinery by which it has been inserted and the limited purpose for which it is included must be recognised. Having said that, I do not consider such an entry is in any way a finding of fact, even less a finding of guilt, nor should it be seen as such."
1 Citers


 
Dance v Welwyn Hatfield Distrrict Council [1990] 1 WLR 1097
1990
CA
Lord Justice Nourse
Housing, Local Government
The secure tenants had claimed to exercise their right to buy; the local authority admitted their right and proposed a price which was accepted. The authority offered a partial mortgage which was accepted and by reference to which they had exercised their statutory right to elect deferred completion. The authority then notified them of its intention to demolish the property and contended that, because prior to their exercise of the right to buy it would be entitled to an order for possession on that basis, it was no longer obliged to complete the sale. Held: The authority's appeal was unsuccessful. Lord Justice Nourse held that in the words of s138(1) of the Act, the right to buy had been established and all matters relating to the grant and to the amount to be left outstanding or advanced on the security of the property had been agreed. Once such a right had been established and all such matters had been agreed, the tenants had become entitled under s. 138(3) to enforce completion of the sale and had thus acquired an equitable interest in the property. On any view the tenants had already exercised their right to buy and so the local authority would not remain entitled to an order for possession.
Housing Act 1985
1 Citers


 
Hazell v Hammersmith and Fulham London Borough Council [1990] 2 QB 697
1990
QBD

Local Government

1 Citers


 
Regina v Secretary of State for the Environment ex parte North Tyneside Borough Council [1990] COD 195
1990


Local Government
The Secretary of State was entitled in his rate support grant each year to adopt for the population of an area the figure estimated by the Registrar General, rather than determining the figure itself. That was not regarded by the court as an unlawful delegation of part of the Secretary of State's statutory task.
1 Citers



 
 Smith v Swansea City Council; HL 1990 - [1990] 1 WLR 1453

 
 Jones v Swansea City Council; CA 1990 - [1990] 1 WLR 54

 
 Regina v Portsmouth City Council, Ex parte Gregory and Mos; QBD 1990 - [1990] 2 Admin LR 681
 
Hazell v Hammersmith and Fulham London Borough Council [1990] 2 QB 697
2 Jan 1990
CA
Sir Stephen Brown P
Local Government
The authority entered into interest rate swap agreements, whose validity was challenged. The court considered what were the functions of a local authority within the Act. "We agree with the Divisional Court that in [section 111(1)] the word 'functions', which is accompanied by no statutory definition, is used in a broad sense, and is apt to embrace all the duties and powers of a local authority: the sum total of the activities Parliament has entrusted to it. Those activities are its functions. Section 111(1) confirms that, subject always to any contrary statutory provision, a local authority has power to do all the ancillary things requisite for carrying out those activities properly. This construction accords with the codifying purpose for which the subsection was enacted."
Local Government Act 1972 111
1 Cites

1 Citers



 
 Regina v Secretary of State ex parte Hammersmith and Fulham London Borough Council; HL 4-Oct-1990 - [1990] 3 WLR 898; [1991] 1 AC 521; [1991] UKHL 3
 
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