19/07/2012
19/07/2012

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The Law Society have partnered with Westlaw UK to provide a fortnightly newsletter covering the latest legal updates which are of particular interest to legal professionals working in the Public Sector.

Below you will find a selection of the latest cases, legislation, news and articles which are relevant for local government, government and not for profit charities.

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19/07/12

CASES

FAMILY LAW

D (A Child), Re. 2012 WL 1555366. Court of Appeal (Civil Division) (CA (Civ Div)). Ward, L.J.; Elias, LJ; Stanley Burnton, L.J.. May 14, 2012

When determining the ordinary residence of a child in care, as a necessary step in fixing the ordinary residence of her baby who had also been taken into care, the Children Act 1989 s.105(6), by which periods of residence in care were to be disregarded, would not apply. Accordingly, where a child who had been taken into care by one local authority but was resident in another local authority’s area had her baby taken into care, the designated local authority responsible for the baby under s.31(8) of the Act was the authority where the child was currently resident and the baby was born.

Appeal dismissed.

Read full case on Westlaw UK

 

PLANNING

R. (on the application of Barnsley MBC) v Secretary of State for Communities and Local Government. 2012 WL 1854378. Queen’s Bench Division (Administrative Court) (QBD (Admin)). Foskett, J.. May 24, 2012

The Local Government Act 2000 was passed with a clear appreciation that the Local Government Act 1972 s.120 and s.121 remained in force with full effect, and s.2 of the 2000 Act was not intended to alter the situation in which land could not be acquired compulsorily by a local authority simply for the “benefit, improvement or development” of the local area. That could only be achieved by agreement.

Application refused.

Read full case on Westlaw UK

 

 

LEGISLATION

ADMINISTRATIVE LAW

The Community Right to Challenge (Expressions of Interest and Excluded Services) (England) Regulations 2012.
SI 2012/1313

The Stationery Office

These Regulations specify the requirements for expressions of interest submitted by relevant bodies using the community right to challenge provisions in the Localism Act 2011 Pt 5 Ch.2. They also specify services of a kind that are excluded from the community right to challenge.

In force: 27 June 2012

Links to the legislation:
Consolidated version on Westlaw UK
Free resource

 

ELECTORAL PROCESS

 The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2012.

The Stationery Office

These Regulations prescribe new forms and notices to be used at mayoral elections in England and Wales.

In force: 7 August 2012

Links to the legislation:
Consolidated version on Westlaw UK
Free resource

 

FURTHER READING ON WESTLAW UK

LOCAL GOVERNMENT

Update: local government. S.J. 2012, 156(22), 26-27,29. By Peter Hill; Rebecca Hazledine.

Discusses: (1) the community right to challenge provisions of the Localism Act 2011 and the grounds on which authorities can reject objections; (2) issues being considered by the committee scrutinising the Freedom of Information Act 2000; (3) the implications for local authorities of the presumption in favour of sustainable development in the National Planning Policy Framework published in March 2012; (4) statutory guidance on school exclusions published in April 2012; and (5) planned legislation on adoption, shared parenting, assessing and funding educational and care needs and electoral registration.

Read article here