INFORMATION COMMISSIONER

September 18th, 2026 by James Goudie KC in Non Judicial Control

The INFORMATION COMMISSIONER’S OFFICE has updated its GUIDANCE on the PUBLIC INTEREST TEST , used by local and other public authorities when deciding whether or not to withhold information under a QUALIFIED FREEDOM OF INFORMATION  exemption.

 

CONTAMINATED LAND

September 16th, 2026 by James Goudie KC in Land, Goods and Services

A letter from the Chair of the Welsh Affairs Committee to the SoS for Wales, published on 15 September 2026, has urged the Government to enforce a COORDINATED APPROACH to TESTING contaminated land in FORMER INDUSTRIAL ARAEAS for environmental and health consequences.

 

 

CARE ACT ASSESSMENT

September 16th, 2026 by James Goudie KC in Social Care

The principal issue arising on the appeal in R ( TDB ) v HARINGEY LBC ( “)”^ ) EWCA Civ 1184 is whether the local authority is required to carry out an assessment of the appellant’s capacity under the Mental Capacity Act 2005 BEFORE completing its Care Act assessment. The answer ( para 91 and following ) is “ Yes “, “ whenever there is reason to doubt the capacity of a person “ whose needs for care and support are being assessed. The capacity assessment is to be carried out by an appropriately qualified professional.

 

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.

 

 

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