Powys County Council v Hurst (2018) EWHC 1684 (Admin) was an appeal by way of case stated to a Divisional Court (Hickinbottom and Singh LJJ) against the decision of a District Judge (“DJ”) that the Council was required to consider proceeding under the Attachment of Earnings Act 1971 (“the 1971 Act”) as an alternative method of recovering unpaid council tax before applying to commit the Respondent to prison for non-payment of that tax. The DJ reached his decision on the basis that it was open to the Council to seek an attachment of earnings order in the County Court in respect of the Respondent’s pension. The main issue in the appeal was whether that course was open to a billing authority such as the Council as a matter of law. The Divisional Court held that it was not and allowed the appeal. Read more »
Council Resolutions
July 4th, 2018 by James Goudie KC in Human Rights and Public Sector Equality DutyR (Jewish Rights Watch) v Leicester City Council (2018) EWCA Civ 1551 concerns a non-binding Full Council Resolution on a controversial matter. The Council resolved “insofar as legal considerations allow, to boycott produce originating from illegal Israeli settlements in the West Bank until such time as it complies with International law an withdraws from Palestinian Occupied territories.” Jewish Human Rights Watch argued that the resolution singled out Israel for criticism, and that the Council failed to consider the effect of so doing on the Jewish community in the UK, and in particular in and around Leicester, in breach of the PSED. The Court of Appeal, upholding the judgment of the Divisional Court, held that on a reading of the Resolution, and of the transcript of the debate which preceded its adoption, it was clear that the Councillors had due regard to the matters set out in Section 149 of the Equality Act 2010 and had thus satisfied the PSED. Read more »
Publication
July 3rd, 2018 by James Goudie KC in StandardsIn Taveta v FRC (2018) EWHC 1662 (Admin) Nicklin J made a number of important observations, including:-
“37. The implied suggestion in the word “leaked” that there was something inappropriate in the media being told about the proceedings was wholly misplaced. Although, as a matter of practical expediency, urgent applications in the Administrative Court are routinely dealt with on paper, that does not in any way suggest that they are secret. The principle of open justice applies to these applications just as much to hearings in open court. As is clear from what is set out above, the Court has been astute to ensure that this matter has been conducted as far as possible in open court.”
Disclosure
July 3rd, 2018 by James Goudie KC in Judicial Control, Liability and LitigationDr B v GMC (2018) EWCA Civ 1497 is a “mixed data case”. The majority of the Court of Appeal has ruled that in such a case there is no presumption under the DPA of non-disclosure. Sales LJ said:-
Injunctions
July 3rd, 2018 by James Goudie KC in Judicial Control, Liability and LitigationIn North Warwickshire Borough Council v Persons Unknown (2018) EWHC 1603 (QB) the High Court granted an injunction prohibiting “street cruising” in a local authority area. The jurisdiction to make the injunction was as follows.
PSED and Planning
June 25th, 2018 by James Goudie KC in Human Rights and Public Sector Equality DutyR (Buckley) v Bath and North East Somerset Council (2018) EWHC 1551 (Admin) was a claim for judicial review of a decision by the LPA to grant outline planning permission for a residential development comprising the demolition of up to 542 dwellings and the provision of up to 700 dwellings. One of the grounds of challenge was alleged breach of the PSED. Did the PSED apply to the grant of outline planning permission. Lewis J said as to the applicability of the PSED:- Read more »
Complaint of Member Misconduct
June 21st, 2018 by James Goudie KC in StandardsIn Bennis v Stratford-on-Avon District Council, EA/2017/0220, the FTT said (para 29) that details of unsubstantiated complaints against Councillors ought not generally to be disclosed to the world at large under the provisions of FOIA. The proper approach to such information is to consider the rights of the councillor concerned as a data subject.
The FTT however did not consider exemptions under Section 36 of FOIA to prevail. The request for disclosure was of advice that the Council had received when considering the complaint that was not upheld. The advice had been provided to the MO by an Independent Person (“the IP”) under the Localism Act 2011. Given that the IP’s views would in any event have become public if a hearing had been directed, transparency prevailed over the risk of disclosure inhibiting the IP’s views.
HMOs
June 21st, 2018 by James Goudie KC in HousingMHCLG has issued detailed non-statutory Guidance for Local Housing Authorities, “Houses in Multiple Occupation and residential property licensing reform”, on the implementation of requirements set out in 2018 Statutory Instruments on the licensing of HMOs. The scope of mandatory licensing has been extended so that properties used as HMOs in England which house 5 people or more in two or more separate households will in many cases require a licence. The minimum size to be applied to rooms used for sleeping accommodation has been deferred. Requirements have been added relating to the provision of refuse disposal in licensed properties.
Chapter 2 of the Guidance relates to the extension of mandatory HMO licensing, including implementation and transitional provisions. Chapter 3 relates to new mandatory licence conditions, that is mandatory sleeping room sizes and waste disposal requirements, including sanctions.
Allocation and Homelessness
June 19th, 2018 by James Goudie KC in HousingThe Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2018, SI 2018/730, coming into force on 9 July 2018, amend the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 in order to make a new category of persons eligible for an allocation of social housing and homelessness assistance. They make provision for persons who have been transferred to the United Kingdom under the Immigration Act 2016 s.67 and have limited leave to remain under para. 352ZH of the Immigration Rules to be eligible for an allocation of social housing and homeless assistance if they are “habitually resident” in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
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Damages
June 15th, 2018 by James Goudie KC in HousingIn XPQ v Hammersmith and Fulham LBC (2018) EWHC 1391 (QB) Langstaff J held that Directive 2011/36/EU on Preventing and Combating Trafficking in Human Beings does not enable a trafficked person to claim damages for any failure by a local housing authority to provide accommodation that is safe and appropriate.