ARTICLE 5

September 15th, 2026 by James Goudie KC in Human Rights and Public Sector Equality Duty

In SALFORD CITY COUNCIL v AR (2026) EWCOP 45 (T2) the Court of Protection summarises the MULTIFACTORIAL APPROACH to assessing whether someone has been DEPRIVED OF THEIR LIBERTY within the meaning of ECHR Article 5, as established in Attorney General for Northern Ireland’s Reference (2026) 2 WLR 1037.

 

RTB

September 15th, 2026 by James Goudie KC in Housing

A House of Commons Library Brief, published on 14 September 2026, discusses RTB in England.

 

GREEN BELT

September 15th, 2026 by James Goudie KC in Planning and Environmental

A House of Commons Library Briefing published on 14 September 2026 discusses Planning Policy for Green Belts and reforms under the NPPF.

 

EMPTY HOMES

September 15th, 2026 by James Goudie KC in Housing

A House of Lords Briefing Paper published on 14 September 2026 examines empty homes in England.

 

OUTCOMES

September 15th, 2026 by James Goudie KC in Decision making and Contracts

A MHCLG Policy Paper published on 14 September 2027 sets out an update to the LOCAL OUTCOMES FRAMEWORK.

 

HOMELESSNESS

July 20th, 2026 by James Goudie KC in Housing

R ( GRIFFITHS-FOWELL ) v BIRMINGHAM CITY COUNCIL ( 2026 ) EWCA 920 holds at para 109 that Section 193(6)(d) of the HOUSING ACT 1966 applies to a case where a person voluntarily ceases to occupy as his only or principal home accommodation which has been made available to him in accordance with Section 102, that is accommodation which is “ suitable “ for him. If the accommodation is UNSUITABLE then it has not been made available in accordance with Section 206 and the duty under Section 193 ( 2 ) is not discharged by virtue of Section 193 ( 6 ) ( d ).

 

PSED

July 20th, 2026 by James Goudie KC in Human Rights and Public Sector Equality Duty

The EHRC has on 16 July 2026 published GUIDANCE for Councillors in WALES on  EQUALITY IMPACT ASSESSMENTS.

 

 

ASSETS OF COMMUNITY VALUE

July 20th, 2026 by James Goudie KC in Land, Goods and Services

VALIANT PUB CO LTD v NEWCASTLE CITY COUNCIL (2026) UKFTT 683 (GRC) holds that, for the purpose of determining whether a building or land was an ACV, the term “ community “ in Section 88(1) of the LOCALISM ACT 2011 is not limited to the vicinity of thre premises, but extended to groups with a SUFFICIENTLY PROXIMATE CONNECTION with them.

 

SUBSIDY CONTROL

July 20th, 2026 by James Goudie KC in Capital Finance and Companies

THOMAS v DURHAM COUNTY COUNCIL (2026) CAT 47 holds that under Section 70(1) of the SUBSIDY CONTROL ACT 2022 an APPLICATION FOR REVIEW OF A SUBSIDY DECISION might be made only once the authority had taken a FORMAL FINAL DECISION to give a subsidy ( or to provide assistance which the applicant considered to be a subsidy, even if the authority disputed that characterisation). Section 70(1) did NOT grant the Tribunal jurisdiction to review any earlier decision in the decision-making process , such as a provisional or “ in principle “ decision.

 

LOCAL GOVERNMENT REORGANISATION

July 17th, 2026 by James Goudie KC in Local Authority Powers

A MHCLG Statement on 16 July 2026 sets out the Government’s DECISIONS on LGR, following consultation on the proposals taken to consultation in February 2026. The Statement details the UNITARY PROPOSALS TO BE IMPLEMENTED, subjrct to Parliamentary approval ( and Judicial Review challenges ).