Oxfordshire Director of Legal

Homelessness and domestic violence

Andy Lane and Rowan Clapp look at the likely impact of government proposals of support for survivors of domestic violence who are facing homelessness. Read more
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  NEWS

Jun 25, 2020

Property owners found guilty over illegal sub-division of building after ten year battle with council

Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.
Jun 23, 2020

Court of Appeal to hear appeal over police use of automated facial recognition

The Court of Appeal will this week hear an appeal challenging police use of live Automated Facial Recognition (AFR) technology in public spaces.
Jun 16, 2020

Leaseholder pays social landlord £48k for unlawfully renting out his flat

A man who breached the terms of his lease by using his flat in Tower Hamlets as a holiday let has agreed to pay back social landlord EastendHomes nearly £50,000.
Jun 16, 2020

Council wins Upper Tribunal appeal over whether property was house in multiple occupation

The Upper Tribunal has allowed a borough council’s appeal over whether a property was a house in multiple occupation (HMO).
Jun 15, 2020

Court of Appeal upholds broad discretion of family courts in FGM cases

The Home Secretary has lost an appeal over a ruling that in the exercise of the family court's jurisdiction to make a female genital mutilation (FGM) protection order, the family court is not bound to take a previous assessment or determination of risk of FGM made by the Immigration and Asylum Chamber of the First-tier Tribunal in its determination of an asylum application based upon the risk of…
Jun 11, 2020

Council wins appeals over reduction of penalties for unlicensed flat rentals

The London Borough of Waltham Forest has won two appeals over reductions made by the First-Tier Tribunal to penalty notices for unlicensed flat rentals.
Jun 11, 2020

Upper Tribunal orders re-hearing in dispute over penalties imposed after fire safety inspections at flats

The Upper Tribunal (Lands Chamber) has overturned two penalties imposed by the London Borough of Croydon over fire safety inspections of private flats.
Jun 11, 2020

Survivors of Manchester Arena bombing in legal action to secure core participant status at public inquiry

Survivors of the Manchester Arena bombing are taking legal action to try to secure core participant status at the public inquiry into the atrocity.
Jun 08, 2020

Housemark data reveals increases in ASB, arrears and non-emergency repairs

Social landlords saw a 30%+ increase in reports of anti-social behaviour in April, COVID-19 impact monitoring by Housemark has suggested.
Jun 04, 2020

High Court judge hands down ruling on secure flexible tenancies and possession during fixed term

A landlord cannot determine a flexible tenancy prior to the expiry of its fixed term without a forfeiture clause even in the event of default by the tenant, the High Court has ruled.

  FEATURES AND ANALYSIS

May 28, 2020

Recent developments in additional and selective licensing

Tara O'Leary discusses some of the implications of the COVID-19 emergency for licensing litigation and summarises several important decisions which have emerged during a very productive period at the courts and tribunals.
May 20, 2020

Pubs and the lockdown regulations

A pub licence has been revoked at a summary review hearing for breaking lockdown regulations. Gary Grant reports.
May 12, 2020

Locking down anti-social behaviour - an introduction to Public Spaces Protection Orders

In the third instalment of her series on community safety law during the lockdown, Kuljit Bhogal discusses Public Spaces Protection Orders.
May 11, 2020

Unlicensed HMOs and liability

A London borough recently successfully defended two claims for judicial review of decisions it made against directors of property companies operating, and owners of property, in its area. Simon Kiely, Aleksandra Wolek and Christos Paphiti explain how the ruling will help local authority housing departments and prosecutors.
May 07, 2020

Anti-social behaviour - powers to control behaviour under the Anti-social Behaviour, Crime and Policing Act 2014

This LexisNexis Local Government guidance note, produced in partnership with Hardwicke Chambers, provides comprehensive and up to date legal information covering the powers available to control behaviour under the Anti-social Behaviour, Crime and Policing Act 2014
May 01, 2020

Anti-social behaviour - powers to close premises under the Anti-Social Behaviour, Crime and Policing Act 2014

This Local Government guidance note from LexisNexis provides comprehensive and up to date legal information outlining the powers available to local authorities to close premises where anti-social behaviour is taking place.
April 29, 2020

Locking down anti-social behaviour - COVID-19 and Community Protection Notices

In this video, Kuljit Bhogal explains how Community Protection Notices, served under the powers found in the Anti-Social Behaviour, Crime and Policing Act 2014, could be used to tackle anti-social behaviour during the lockdown.
April 27, 2020

Civil financial penalties – how much is too much?

Howard Lederman considers the principles which apply to the amount of penalties local housing authorities can impose for relevant housing offences, following recent guidance by the Upper Tribunal.

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  MORE NEWS

Jun 01, 2020

Leader calls for council to be given more powers to implement local lockdown

The Leader of Brighton & Hove City Council has called for the local authority to be given more powers to implement a local lockdown in the area.
May 22, 2020

Licensing sub-committee revokes premises licence for breach of lockdown regulations

The Statutory Licensing Sub-Committee at City of Wolverhampton Council has revoked the premises licence of a pub for breaches of the Health Protection (Coronavirus) Regulations 2020.
May 07, 2020

Judge upholds decision by council to issue community protection notice against pro-life campaigner erecting anti-abortion poster

A district judge has upheld a council’s decision to issue a community protection notice against the leader of a group of pro-life demonstrators erecting a picture of an aborted 24-week foetus in a town centre.
Apr 29, 2020

Scottish Police Authority selects nine firms for £3.84m panel

The Scottish Police Authority has appointed nine law firms to a legal services framework worth an estimated £3.84m.
Apr 22, 2020

Council fails in appeal over power to issue mother with community protection notice regarding anti-social behaviour of son

Justices in Staffordshire were right to conclude that on the proper construction of section 43 of the Anti-Social Behaviour, Crime and Policing Act 2014, a council had no power to issue a Community Protection Notice (“CPN”) in the name of a mother concerning the conduct of her child, the Divisional Court has ruled.
Apr 20, 2020

Met Police agrees to review role of police in schools following legal action

The Metropolitan Police has agreed to review its governance of its Safer Schools Officers across London amidst concerns that their presence could have “disproportionately negative consequences” for black and minority ethnic groups, it has been reported.
Apr 06, 2020

Councils want to keep parks open, but people need to follow social distancing, says Local Government Association

The government has called on councils not to close parks unless it is impossible to maintain social distancing in them.
Apr 06, 2020

Council launches judicial review over government decision not to renew city-wide landlord licensing scheme

Liverpool City Council has launched a judicial review challenge of the government’s decision not to renew its landlord licensing scheme.
Apr 02, 2020

Met Police hit with legal challenge over governance of safer schools officers

The Metropolitan Police face a judicial review over the governance of its safer schools officers and whether their presence could have disproportionately negative consequences for black and minority ethnic (BAME) groups.
Apr 01, 2020

Families of disabled children threaten legal challenge over government limit on outdoor exercise

A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.
Mar 31, 2020

High Court says Black Country car cruising injunction should continue in force

An order prohibiting car cruising in the Black Country continues to fulfil the purposes for which it was granted, and appears to be operating satisfactorily, the High Court has said.
Mar 27, 2020

Housing association gains injunction against social gathering

Manchester housing association Mosscare St Vincent’s has been granted an urgent injunction against a tenant who continued to ignore government guidelines on social distancing by hosting parties for up to twenty people.
Mar 17, 2020

Council defends challenge over provision of secure accommodation for children at risk of being detained by police

Judges have dismissed a legal challenge over an alleged systemic failure by a London council to provide adequate secure accommodation for children at risk of being detained in police cells in circumstances where normal local authority accommodation would be unsuitable to meet the risks they pose to the general public.
Mar 13, 2020

Equality watchdog demands suspension of use of automated facial recognition and predictive algorithms in policing

The Equality and Human Rights Commission (EHRC) has called for the suspension of the use of automated facial recognition (AFR) and predictive algorithms in policing in England and Wales, “until their impact has been independently scrutinised and laws are improved”.
Mar 11, 2020

Supreme Court refuses permission to appeal in row over Public Spaces Protection order and abortion clinic ‘buffer zone’

The Supreme Court yesterday refused an application for permission to appeal in a dispute over the lawfulness of a Public Spaces Protection Order (PSPO) that created a ‘safe zone’ around an abortion clinic.
Mar 05, 2020

Met Police to be able to apply for knife crime prevention orders from next month

The Metropolitan Police will be able to apply for Knife Crime Prevention Orders (KCPOs) under a pilot scheme beginning next month, the Home Office has announced.
Feb 26, 2020

Attorney General gives undertaking to Grenfell Tower Inquiry on oral evidence from individuals and future prosecutions

The government has confirmed that the Attorney General, Suella Braverman, has given an undertaking to the Grenfell Tower Inquiry meaning that no oral evidence provided by individuals during modules 1, 2 and 3 of phase 2 will be used against the individual in any criminal proceedings.
Feb 26, 2020

Appellant fails in challenge to closure order barring him from accessing his flat

An appellant has lost his appeal over a closure order under the Anti-social Behaviour, Crime and Policing Act 2014 that meant he was barred from accessing his flat.
Feb 24, 2020

Government to consult on new duty requiring owners and operators to protect public spaces and venues from terror

The Home Office will consult this spring on a proposed “Protect Duty” which would require owners and operators of public spaces and venues to put in place measures to keep the public safe from a terrorist attack.
Feb 20, 2020

Resolve launches ASB week dedicated to highlighting impact of Anti-Social Behaviour on communities

The UK’s first official week dedicated to tackling antisocial behaviour (ASB) is being launched in March.
Feb 18, 2020

ICO says Metropolitan Police have complied with Gangs Matrix enforcement notice, following removal of 374 people.

The ICO has recently said that it is satisfied that the Metropolitan Police Service (MPS) has complied with its 2018 enforcement notice concerning the Gangs Matrix, following the deletion of 374 entries on the database.
Feb 12, 2020

Housing Ombudsman issues guidance for landlords on responding to complaints

The Housing Ombudsman has published new guidance notes aimed at assisting landlords with policies and in responding to complaints.
Jan 27, 2020

Lambeth reaches “first of its kind” memorandum of understanding with all housing associations in borough

Lambeth Council has reached a joint agreement with all ten housing associations operating in the borough, with the ‘memorandum of understanding’ said to be the first of its kind in London.
Jan 27, 2020

Government to set up new regulator for oversight of high-risk buildings

The Government has unveiled plans for a new regulator to oversee the design, construction and occupation of high-risk buildings.
Jan 21, 2020

Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments

The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.

  MORE FEATURES

April 27, 2020

Rent repayment orders by local authorities

Howard Lederman explores the consequences of procedural defects when local authorities seek rent repayment orders.
April 15, 2020

Possession proceedings - and alternatives - to counter Anti-Social Behaviour during COVID-19 lockdown: Should you stay, or should they go?

Peter Marcus explores the options that social landlords have to enforce against anti-social conduct committed in rented residential property, given the last month of impromptu legislation, guidance and procedural changes.
April 09, 2020

Coronavirus restrictions: local authority enforcement powers

The powers of local authority officers to enforce restrictions during the coronavirus outbreak are narrower than you might think, argues Horatio Waller.
April 03, 2020

Coronavirus and Police use of drones

Ibrahim Hasan looks at the significant issues arising out of the police's use of drones during the coronavirus outbreak.
March 26, 2020

COVID-19 and social landlords: updated

Angela Hall, Elizabeth England and Tristan Salter provide an update for social landlords on the changes taking place as a response to the pandemic.
March 24, 2020

Enforcing the lockdown

The government is once again using s.45C of the Public Health (Control of Disease) Act 1984 to impose distancing measures, writes Charles Holland, as new measures are introduced in Wales.
March 23, 2020

Closing restaurants, cafes and pubs during COVID-19

Charles Holland analyses the regulations issued by the government for the closure of restaurants, cafes, pubs and other leisure venues during the coronavirus outbreak.
March 06, 2020

Tackling the increase in modern slavery

Tiffany Cloynes sets out how local authorities can help prevent modern slavery, including through the actions and approaches that they take as purchasers of services, and looks at the latest Government initiatives to tackle the problem.
February 25, 2020

A matter of respect

The Upper Tribunal has reinstated 'generous' penalties for Housing Act 2004 licensing offences. Dean Underwood examines its ruling.
February 14, 2020

Coronavirus, public health and coercive powers

The UK Coronavirus regulations contain legal powers to control a public health crisis. David Lawson looks at the key elements.
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February 07, 2020

Councils express concern at prospect of witnesses at Grenfell Inquiry securing immunity from use of evidence in later prosecutions

The Local Government Association has said it is “extremely concerned” that some witnesses to the Grenfell Inquiry could be granted immunity from having any evidence they give used in subsequent prosecutions against them.
February 07, 2020

Green Space borough-wide preventative injunctions: the view from the Court of Appeal

Steven Woolf examines the Court of Appeal's recent decision and guidance on Green Space borough-wide preventative injunctions.
January 29, 2020

New pre-action protocols for disrepair and possession claims

New pre-action protocols will bring clarity for disrepair and possession claims, writes Sian Evans, setting out the key changes.
January 29, 2020

Securing approval for selective licensing

David Smith considers the lessons to be learned from the Government's most recent decisions in relation to selective licensing schemes.
January 29, 2020

Multi-storey residential buildings: the latest Government advice

Mark London, Michael Wharfe and Yaasica Hamilton-Haye examine advice issued last week by the Ministry of Housing, Communities and Local Government for owners of multi-storey and multi-occupied residential buildings.
January 17, 2020

Adult safeguarding and the Anti-social behaviour, Crime and Policing Act 2014

Kevin Chan explains how his local authority recently used the Anti-social Behaviour, Crime and Policing Act 2014 to safeguard a vulnerable man from abuse using a civil injunction.
December 20, 2019

Assumption of responsibility

Andrew Warnock QC asks the question many involved with the public sector have been asking since the Supreme Court ruling in Poole v GN – when does an 'Assumption of Responsibility' arise?
December 17, 2019

Strasbourg and the 'bedroom tax'

Alex Ewing considers an important ruling from the European Court of Human Rights on the so-called 'bedroom tax' that could have potentially significant implications for the way in which discrimination cases are approached in the future.
December 06, 2019

Independent adjudicators, the Prison Rules and implied powers

A recent Divisional Court judgment is of interest to prison lawyers but also to public lawyers as it deals with important points of law in relation to the interpretation of the Prison Rules and the "implied powers" principle, writes Geeta Koska.
November 29, 2019

Powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014

This guidance note provides a comprehensive and up to date overview of powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014, Reform of anti-social behaviour powers (2014), Part 1 Civil Injunctions and Part 2 Criminal Behaviour Order (CBO).