Following its review of disabled children’s social care law, a Law Commission final report concludes that the area of law has become increasingly complex, inaccessible, outdated, and potentially unfair. It recommends: a simplified and unified legal framework for disabled children’s social care law, sitting within the Children Act 1989; a single, comprehensive piece of statutory guidance on disabled children’s social care law, setting out the rights and responsibilities of disabled children, families, and local authorities; an updated definition of disability; a single duty to meet the social care needs of disabled children, subject to national eligibility criteria; a right to independent advocacy for disabled children; a statutory requirement that planning for disabled children to make the transition to adulthood should start by the age of 14; clarification of the dividing line between health and social care; and a fair, accessible, independent and effective system for resolving disputes about social care for disabled children.
CONTEMPT OF COURT
September 12th, 2025 by James Goudie KC in Judicial Control, Liability and LitigationIn MACPHERSON v SUNDERLAND CITY COUNCIL ( 2025 ) EWCA Civ 1159 the Court of Appeal emphasizes that the fact that someone profoundly disagrees with a Court Order does not entitle them to choose not to comply with it : paragraph 33. A sentence of immediate imprisonment was “ plainly right “ , “ proportionate “ and “ appropriate “ , having regard to “ serious and repeated “ flouting of the Order: repeated breaches of Orders will “ almost inevitably lead to custodial sentences being passed “ : para 37.
COUNCIL TAX ADMINISTRATION
September 12th, 2025 by James Goudie KC in Council Tax and RatesThe LGA has published its Response to the MHCLG Consultation on the administration of council tax, including council tax collection practises.
RATES
September 11th, 2025 by James Goudie KC in Council Tax and RatesHM Treasury has published an Interim Report on TRANSFORMING BUSINESS RATES. The Government aims to provide a further update in the AUTUMN BUDGET on its plans to update the system.
PERMITTED DEVELOPMENT RIGHTS
September 5th, 2025 by James Goudie KC in Planning and EnvironmentalIn R ( RICKARDS ) v EAST HERTS DC ( 2025 ) EWHC 2238 ( Admin ) the Court states, at para 68, that crucially, with permitted development rights, the principle of development is already established by statute, and that what is left to consider is how that development should be implemented. At para 72 the Judge adds, in relation to lightness of touch, there is a distinction to bedrawn between considering whether permitted development rights apply and the details of the development subject to which those rights are exercised.
BACKGROUND PAPERS
September 5th, 2025 by James Goudie KC in Decision making and ContractsSee R ( Wild Justice ) v Pembrokeshire Coast National Park Authority ( 2025 ) EWHC 2249 ( Admin ) in relation to background papers for a Council Report : at para 58 for what constitute background papers; at paras 59-61 on whether non-publication is unlawful; and at para 62 on whether there is a breach of procedural fairness.
HOMELESSNESS
September 4th, 2025 by James Goudie KC in HousingR ( AN ) v BARKING AND DAGENHAM LBC ( 2025 ) EWHC 2265 ( Admin ) is one of many judicial review claims which raises issues on the adequacy in difficult circumstances of efforts by a local housing authority ( LHA ) to provide housing assistance to a homeless family. The Court stresses ( para3 ) the importance of LHAs carrying out “ proper and informed assessments “ of the housing needs of homeless persons, and ( para 4 ) that where the only housing accommodation they have yet been able to offer to a family with children is temporary bed & breakfast accommodation that “ continues no longer than necessary.” There were two grounds of challenge. Ground 1 concerned the lawfulness of the LHA’s Housing Needs Assessment. That succeeded. Ground 2 was that the LHA’s “ Temporary Accommodation Placement Policy “ was unlawful. That failed.
ANNIVERSARY
September 3rd, 2025 by James Goudie KC in Human Rights and Public Sector Equality DutyThe Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms ( the ECHR ) came into effect on 3 September 1953, implementing rights stated in the Universal Declaration of Human Rights. The ECHR was incorporated into UK domestic law by the Human Rights Act 1998, promoted by Lord Chancellor Irvine, on 2 October 2020.
AARHUS CONVENTION
September 2nd, 2025 by James Goudie KC in Planning and EnvironmentalPublic interest in the protection of the environment is firmly established. The AARHUS CONVENTION requires that party states, including the UK, ensure that members of the public have access to challenge acts and omissions which contravene provisions of its national law relating to the environment. To that end, the AARHUS COSTS REGIME is designed to ensure that environmental claims are not prohibitively expensive AND that there is REASONABLE PREDICTABILITY. In GREEN LANE ASSOCIATION LTD v CENTRAL BEDFORDSHIRE COUNCIL ( 2025 ) EWHC 2251 ( Admin ), concerned with Traffic Regulation Orders, the Court says, at para 14 : “ The rules place clear demands on both parties. Claimants must claim the Aarhus costs protection at the very beginning of a claim and must supply the relevant financial information at the inception of a clai. Defendants must notify any disagreement or desire to vary the costs cap at their earliest opportunity, namely the filing of the AoS form. It is the incumbent on the Court to make an early decision on the dispute before more significant costs are incurred. The rules are strict so as to ensure reasonable predictability at an early stage. “
From para 36, the Court addresses the question of the test for assessing whether or not a claim falls within Aarhus. The claim was found to fall within the regime.
INTERIM INJUNCTIONS
September 2nd, 2025 by James Goudie KC in Planning and EnvironmentalThe Judgment of the Court of Appeal in SOMANI HOTELS LTD v EPPING FOREST DC, the Bell Hotel case, is now available at ( 2025 ) EWCA Civ 1134. The Court of Appeal addresses the statutory duty and engagement of the Secretary of State at paras 50-87 inc, and the approach to interim injunctions from para 88. At para 122, the Court referred to the desirability of preserving the STATUS QUO, saying ( emphasis added ) “ Both as a matter of planning law ( because an enforcement notice cannot be used to prevent an anticipated future breach ) and as a matter of general AMERICAN CYANAMID principles there is a GREAT DIFFERENCE BETWEEN AN APPLICATION TO PREVENT A CHANGE OF USE WHICH HAS NOT YET OCCURRED AND AN APPLICATION WHERE THE ALLEGED BREACH HAS BEEN GOING ON, INTERMITTENTLY< FOR SEVERAL YEARS.”