DEVOLUTION AND LOCAL GOVERNMENT REORGANISATION

July 11th, 2025 by James Goudie KC in Decision making and Contracts

Following the King’s Speech in July 2024 and the English Devolution White Paper in December 2024, on 10 July 2025 the long awaited, in the event 329 pages, ENGLISH DEVOLUTION AND COMMUNITY EMPOWERMENT BILL has been introduced in the House of Commons, and awaits Second Reading.

Part 1 ( Sections 1-19 inc ) relates to STRATEGIC AUTHORITIES for each are in England, including Combined Authorities, Combined County Authorities ( CCAs ) and Mayors.

Part 2 ( Sections 20-54 inc ) relates to the functions of Strategic Authorities and Mayors, including with respect to Mayoral Power of Competence; areas of competence, being Transport and Local Infrastructure, Skills and Employment Support, Housing and Strategic Planning, Economic Development and Regeneration, Health Improvement, and Public Safety; and extensions of functions.

Part 3 contains other measures about local government and Police & Crime Commissioners ( PCCs ). Chapter 1 of Part 3 ( Sections 55-59 inc ) relates to reorganisation, governance and elections , including single tiers of local government, executives effective neighbourhood governance, and voting changes for Mayors and PCCs, including ditching First Past the Post, and returning to the Supplementary Vote System. Chapter 2 of Part 3 ( Section 60 ) relates to community right to buy assets of community value and protection of sporting assets.

Part 4 ( Sections 61-70 inc ) relates to LOCAL AUDIT, including establishment of Local Audit Office, registration of local audit providers, new appointment arrangements, lead partners, Codes of Audit Practice, audit consultees, and paving the way for separation of LGPS accounts.

Part 5 ( Section 71 ) relates to commercial leases; and Part 6 ( Sections 72-79 inc ) contains final provisions, including as to interpretation, Regulations, and financial provision.

There are 31 Schedules.

 

 

TOURISM IN WALES

July 9th, 2025 by James Goudie KC in Environment, Highways and Leisure

The Senedd has enacted its Visitor Accommodation ( Register and Levy ) etc ( Wales ) Bill, to ( 1 ) give Councils the choice to introduce, from 2027, following Consultation, a small VISITOR LEVY on overnight stays by adults, in order to raise funds all of which are to be reinvested in local TOURISM related expenses, and ( 2 ) introduce a national statutory free to enter REGISTER for all VISITOR ACCOMMODATION PROVIDERS in Wales, in order to support  policy development and decision-making. The Levy is the first local tax designed and legislated for in Wales.

 

HOMELESSNESS

July 4th, 2025 by James Goudie KC in Housing

R ( AA ) v WALTHAM FOREST LBC ( 2025 ) EWHC 1625 ( Admin ) concerns a local housing authority’s duties under Section 189A of the HOUSING ACT 1996. This relates to assessments and personalised plan. If the authority are satisfied that an applicant is homeless ( or threatened with homelessness ) and eligible for ASSISTANCE then Section 189A (1) provides that the authority MUST make an ASSESSMENT of the applicant’s case. Section 189A (2) states what an assessment MUST include. The Judge rejects a submission that there is a remedy alternative to Judicial Review with respect to a challenge to a Housing Needs Assessment and/or Personal Housing Plan.

 

UNPAID COUNCIL TAX

July 4th, 2025 by James Goudie KC in Council Tax and Rates

R ( MORLEY ) v SURREY HEATH BC ( 2025 ) EWHC 1678 ( Admin ) is concerned with the collection of unpaid council tax pursuant to the LOGAL GOVERNMENT FINANCEACT 1992 and Regulation 34 of the COUNCIL TAX ( Administration and Enforcement ) REGULATIONS 1992 . It is held unlawful for the Council to issue a SUMMONS demanding, as a pre-condition for avoiding an Application to a Magistrates’ Court for a LIABILITY ORDER , payment of a sum derived from a calculation which included the costs of applying for Liability Orders.

 

 

CROSSOVERS

July 3rd, 2025 by James Goudie KC in Environment, Highways and Leisure

When an individual has applied, under Section 184 of the Highways Act 1980, to construct a crossover, there is no legal obligation upon the highway authority to consult an adjacent neighbour or obtain their consent before constructing the crossover. Nor is there any breach of ECHR Article 1/1. So held in ANWAR v EALING LBC ( 2025 ) EWCA Civ 813.

 

CONFIDENTIALITY

July 3rd, 2025 by James Goudie KC in Decision making and Contracts

LIME TECHNOLOGY LTD v LIVERPOOL CITY COUNCIL ( 2025 ) EWHC 1654 ( TCC ) relates to legitimate commercial concerns as to the risk of highly sensitive information being leaked and/or misused and the establishment of a Confidentiality Ring in proceedings challenging  a procurement decision by the Council in relation to a services provision contract. The Judge reviews the authorities and identifies points of importance.

 

PERSON MANAGING HMO

June 26th, 2025 by James Goudie KC in Housing

A “ person managing “a house in multiple occupation within the meaning of Section 263 of the Housing Act 2004 is subject to statutory duties in relation to licensing and management, and may be exposed to the risk of sanctions. CETIN v EPPING FOREST DC (2025) UKUT 196 (LC) considers the interpretation of the expression, and rules that it does NOT include a residential letting agent who was instructed on a “ let only “ basis to let a room in an HMO, and who had no further involvement with the property after receiving a single instalment of rent on the day of the letting.

 

ACCOMMODATION

June 24th, 2025 by James Goudie KC in Social Care

R ( AAM ) v BROMLEY LBC ( 2025 ) EWHC 1565 ( Admin ) holds, at para 142, that in deciding whether there are “ exceptional circumstances “ for the purposes of Section 24(A)(5) of the Children Act 1989 ( assistance may in exceptional circumstances be given by provision of accommodation ) an authority is NOT entitled to take into account the fact that a qualifying young person is being provided with, or might be provided with, NASS accommodation from the Secretary of State under Section 95 of the Immigration and Asylum Act 1999. That is a legally irrelevant consideration.

 

AIR QUALITY POLLUTION

June 18th, 2025 by James Goudie KC in Planning and Environmental

R ( CAFFYN ) v SHROPSHIRE COUNCIL ( 2025 ) EWHC 1497 ( Admin ) is a case about the approach taken by the Council as Local Planning Authority to the environmental effect of proposed intensive poultry units on a Shropshire farm. Fordham J finds in favour of the Claimant on some points and in favour of the Council on others. The decisions against the Council include that it was a material error to exclude from assessment post Air Pollution Information System projects subject to Environmental Permit but not planning decision.

 

HOMELESSNESS

June 17th, 2025 by James Goudie KC in Housing

The issue in NORTON v HARINGEY LBC (2025) EWCA Civ 746 was whether a local authority is precluded from determining the suitability of offered accommodation if it has not prepared a lawful assessment pursuant to Section 189Aof the Housing Act 1996. An assessment of suitability based on an unlawful or otherwise legally flawed assessment under section 189A is itself legally flawed, but what previous cases have not addressed is whether an authority is precluded from independently and lawfully assessing suitability in the absence of a Section 189A assessment or Personal Housing Plan. The Court of Appeal held that the authority was not precluded. The decision on suitability contained no legal flaw.

 

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