Overview
Environmental Health Practitioners need to interpret and apply a wide range of different legislation. They need to be aware of case law set by the higher courts, and the difference between binding and persuasive precedence. When dealing with new laws or legal points that have not been the subject of case law, they need to understand how the courts are likely to interpret such provisions.
They need to be able to steer their lawyers and the lower courts and tribunals towards those matters which have already been decided. Decisionmakers need to be aware of the importance of Human Rights and Equalities when taking regulatory action.
Following last year’s well-attended session, this update will cover the key issues for members by highlighting case law over the last 12 months. The cases will be relevant to Housing Standards, Houses in Multiple Occupation, and Civil Penalties highlighting the background, decisions, and potential impacts.
Objectives
Delegates will be reminded of:
- The importance and limitations of case law
- How the different Courts and Tribunals fit together
- Which parts of a judgement set precedence
- How conflicting decisions are resolved
Delegates will be made aware of some important recent decisions affecting private sector housing and some with wider relevant impacts.
CPD: 1 hour