Jill Morgan

This Practice Note explains the offences which may be committed when a vehicle is abandoned. It includes the duties of the local authority to remove these vehicles and steps which should be taken to locate the owner of the vehicle.

This Practice Note explains what a care plan is, when it must be created and when it should be created. It gives practical guidance on who should prepare the plan, who should be consulted and what it should contain.

This Practice Note explains what is meant by a ‘child in need’ (also known as a CIN) and how local authorities can identify them. It discusses how social workers should conduct an assessment under section 17 of the Children Act 1989 with regard to: the assessment framework, the local protocol a local authority is required to have in place for assessment and the provision of services once the assessment has been completed. As well as the statutory duties, this Practice Note sets out how what is required of local authorities in the Working Together to Safeguard Children statutory guidance, and the parameters of the duties as interpreted by the courts in practice.

This Practice Note provides practical guidance for a local authority charged with producing a threshold document for care proceedings. It covers the purpose of the document, statutory requirements, the information that should be contained and suggests ways of avoiding common pitfalls in preparation of such documents.

This Practice Note explains the three basic models of governance for local authorities. It covers the distinction between decisions which are executive and non-executive or council decisions. It also covers the strict requirements about the convening of meetings and the notice that must be given, and discusses rules relating to the agenda, minutes and executive meetings.

This Practice Note explains the difference between a hackney carriage and private hire vehicles. It refers to the legislation that governs the licensing requirements of hackney cabs and private hire vehicles and it examines the principle offences created by the Local Government (Miscellaneous Provisions) Act 1976 and the Town Police Clauses Act 1847.

This Practice Note sets out the procedure and grounds for the two most frequently used powers to stop up a highway, which are in section 116 of the Highways Act 1980 and section 247 of the Town and Country Planning Act 1990, noting that the only ground for an order under the former is that the highway is unnecessary, and that under the latter, an order may be made to enable development to be carried out in accordance with planning permission. It discusses other powers of closure, including a public path extinguishment order, a side roads order, and crime prevention closures, such as a gating order, or a special extinguishment order. It also summarises the statutory law on diversion of highways and the consequences of a diversion or closure.

This Practice Note explains that the ownership of school land and premises depends mainly on the type of school in question, and discusses ownership in relation to community schools, voluntary schools, foundation schools, academies and free schools. It discusses renewed interest in the School Sites Act 1841, under which landowners were encouraged to donate sites for local schools on the basis that, if a school ever closed, the land would revert back to the donor. It also discusses provision for schools to be used for community purposes such as elections.

This Practice Note explains the conditions that must be satisfied under section 79 of the Housing Act 1985 (HA 1985) for a secure tenancy to exist, and subsequently discusses each of these conditions including whether accommodation qualifies as a dwelling, whether the dwelling is the tenant’s principal home, the landlord condition, the tenant condition, and the exceptions under HA 1985, Sch 1 where a tenancy or licence cannot be secure. It also covers how variation of a secure tenancy can be achieved and the additional rights of secure tenants.

This Practice Note covers several topics relating to potential offences committed under the Criminal Justice and Public Order Act 1994 (CJPOA 1994) when a taxi or private hire vehicle ‘touts’ or solicits for business. It covers terminology, offences under CJOPOA 1994, statutory defences, prosecution and sentencing, and reforms in the law.

This Practice Note provides a list of tenancies that are not secure, setting out the exceptions under the Housing Act 1985, Sch 1 where a tenancy or licence cannot be secure, including long leases, introductory tenancies, property related to employment and business tenancies.

This Practice Note explains what unlawful eviction is, how and when it may arise from a civil and criminal perspective, the civil remedies available and potential consequential causes of action, including a breach of a tenant’s right to quiet enjoyment.

This Practice Note considers what may constitute discrimination in a social housing context and when it could arise. It also considers the social housing provider’s obligations to ensure that those with protected characteristics have their needs met and are able to remove or minimise disadvantages for them in access housing support services.