Local Government

The Administrative Court determined a challenge to a decision by a local authority to enter “safety valve” agreements with DfE to deal with SEND budget deficits.

The Divisional Court considered the powers of local authorities to continue to hold meetings remotely after the expiry of Covid emergency legislation.

The Divisional Court’s decision in this case is the leading judgment on challenges to local authority budget decisions.

The Supreme Court allowed the local authority’s appeal in this important case concerning section 117 Mental Health Act 1983 and the division of responsibilities between local authorities for persons detained under the Act.

The Supreme Court held that the courts had the power to grant final injunctions against persons unknown and unidentified to prevent them from forming unauthorised encampments on local authority land at the time of the application and in the future (newcomer injunctions).

The Administrative Court dismissed a challenge to the closure of non-statutory drop-in centres. This is an important decision on mandatory considerations for public bodies when making decisions on the closure or rearrangement of services.

The Supreme Court clarified the scope of inhabitants’ and landowners’ rights following the registration of land as a town or village green under s.15 of the Commons Act 2006, holding that registration as such did not criminalise the continuation of lawful commercial activities carried out upon it by the port owner.

The Administrative Court’s decision in this case is an important judgment on local authority land disposals covered by s.123 of the Local Government Act 1972, which prohibits a disposal for “a consideration less than the best that can reasonably be obtained”.

The Chancery Division concluded that, by virtue of s.14(6)(c) of the Control of Pollution Act 1974, a local waste disposal and collection authority was the legal owner of a hard drive containing the private key to an individual’s Bitcoin funds that had been erroneously deposited at a landfill site.

The Court of Appeal considered a challenge to the local authority’s charging policy for the provision of adult social care in the community, concluding that it was the person who took a decision in accordance with the local authority’s constitution who had to comply with the PSED.