Homelessness and health – Local Government Lawyer

‘Julia Jones and Julie Bennett look at government guidance which suggests that the discharging from hospital of people at risk of or experiencing homelessness is a window of opportunity to address an individual’s complex needs.’

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Local Government Lawyer, 20th February 2025

Source: www.localgovernmentlawyer.co.uk

Judge grants city council possession order over square with homeless camp – Local Government Lawyer

Posted February 19th, 2025 in homelessness, housing, local government, news, repossession by tracey

‘Manchester City Council can proceed with evictions at a tent encampment in St Peter’s Square, a judge has ruled.’

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Local Government Lawyer, 18th February 2025

Source: www.localgovernmentlawyer.co.uk

Intentional homelessness and tenancy obtained by deception – Nearly Legal

Posted February 10th, 2025 in fraud, homelessness, housing, landlord & tenant, local government, news, repossession by tracey

‘Munemo v City of Wolverhampton Council (2025) EWCC 4. This is quite the section 204 homelessness appeal of Wolverhampton’s review decision confirming the decision that Ms M was intentionally homeless.’

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Nearly Legal, 9th February 2025

Source: nearlylegal.co.uk

Homelessness – local connection and necessity – Nearly Legal

‘Hussaini v Islington London Borough Council (2025) EWCA Civ 22. Mr Hussaini was a refugee. He had been accommodated in Barking & Dagenham area. On grant of leave to remain, he applied as homeless to Islington. Islington decided he did not have a local connection to the borough and referred the application to Barking. Mr H sought a review and s.204 appeal but was unsuccessful on both. He appealed to the Court of Appeal.’

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Nearly Legal, 2nd February 2025

Source: nearlylegal.co.uk

Renewed homeless applications and new facts – Nearly Legal

‘Ivory, R (On the Application Of) v Welwyn Hatfield Borough Council (2025) EWCA Civ 21. A second appeal to the Court of Appeal from a judicial review of Welwyn Hatfield’s rejection of a homelessness application by Ms Ivory, on the basis that it was based on the same facts as a previous application by Ms Ivory on which Welwyn had decided no full housing duty was owed as Ms Ivory was intentionally homeless.’

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Nearly Legal, 26th January 2025

Source: nearlylegal.co.uk

Successive applications for homelessness assistance and new facts – Local Government Lawyer

‘Toby Vanhegan and Stephanie Lovegrove analyse a Court of Appeal ruling on whether a council was justified in declining to accept an application under section 183 of the Housing Act 1996 on the ground that it was based on the same facts as a previous application.’

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Local Government Lawyer, 24th January 2025

Source: www.localgovernmentlawyer.co.uk

Gabriel Tan and Lewis Graham: One Year On From Imam v Croydon: Mandatory orders, judicial psychology and judicial review – UK Constitutional Law Association

Posted January 16th, 2025 in homelessness, housing, judicial review, local government, news, Supreme Court by sally

‘It is a well-understood principle that a judicial review court traditionally forbears from granting coercive orders against public authorities on grounds of mutual institutional trust, and constitutional reasons relating to the separation of powers. This is particularly so in the case of mandatory orders: whilst section 31(1) of the Senior Courts Act 1981 allows judges to grant such orders, when doing so they take the underlying decision out of the hands out of the public authority which has the democratic imprimatur to take such a decision. There has therefore, traditionally, been a particular reticence to grant mandatory orders in judicial review cases.’

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UK Constitutional Law Association, 16th January 2025

Source: ukconstitutionallaw.org

Court of Appeal rejects claim for “former relevant child” status – Local Government Lawyer

Posted December 13th, 2024 in appeals, children, families, homelessness, housing, judicial review, local government, news by sally

‘The Court of Appeal has ruled against granting a judicial review of Essex County Council over whether a teenager who might have become homeless was entitled to ‘former relevant child’ status.’

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Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

Housing case law update: November 2024 – Local Government Lawyer

‘Michael Owen, Sumi Begum and May Atkinson round up the latest cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Unsuitable temporary accommodation and discrimination – Nearly Legal

‘Begum, R (On the Application Of) v London Borough of Tower Hamlets (2024) EWHC 2279 (Admin) – Ms Begum had applied as homeless to Tower Hamlets in 2001. She was given temporary accommodation in a studio flat. 5 months later her first child was born. In June 2022, she complained about the suitability of the studio, which at that time was still s.188 accommodation. In October 2022, Tower Hamlets accepted the full duty. An internal memo recorded that Ms B had requested a transfer due to overcrowding. By March 2023, Ms B was pregnant with her second child, with a due date in September 2023. Between May and July 2023 there was correspondence between Ms B’s solicitors and Tower Hamlets on the suitability of the accommodation. The present claim was issued and interim relief ordered in August 2023. Three days later, Tower Hamlets made an offer of accommodation which Ms B accepted.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Mother fleeing domestic abuse placed in unsuitable mixed-sex accommodation by council, Ombudsman finds – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has found that the London Borough of Tower Hamlets failed to consider the impact of placing a vulnerable family with a history of PTSD from domestic abuse in mixed-sex shared accommodation.’

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Local Government Lawyer, 14th October 2024

Source: www.localgovernmentlawyer.co.uk

Homelessness, disability and reasonable preference under allocation schemes – Nearly Legal

‘RR, R (On the Application Of) v London Borough of Enfield (2024) EWHC 2501 (Admin). This was a judicial review challenge to LB Enfield’s allocation policy for priority on the housing register, on the basis that it discrimated against disabled applicants who had the full housing duty under Part VII Housing Act 1996, who were also disabled.’

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Nearly Legal, 13th October 2024

Source: nearlylegal.co.uk

Council resists claim of indirect sex discrimination in homelessness judicial review – Local Government Lawyer

Posted October 10th, 2024 in homelessness, judicial review, local government, London, news, sex discrimination by sally

‘The London Borough of Tower Hamlets has resisted a claim that a database of homeless applicants either needing or requesting a move to alternative accommodation, was a “waiting list” or means of delaying suitable accommodation being provided, and that it put women at a disadvantage.’

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Local Government Lawyer, 9th October 2024

Source: www.localgovernmentlawyer.co.uk

Council left family in B&B accommodation for a year more than maximum allowed period: Ombudsman – Local Government Lawyer

‘Birmingham City Council placed a family in bed and breakfast accommodation for 58 weeks, one year more than the maximum time such accommodation can be used for homeless applicants with family commitments, the Local Government & Social Care Ombudsman (LGSCO) has found.’

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Local Government Lawyer, 30th September 2024

Source: www.localgovernmentlawyer.co.uk

Care leavers under 25, domestic abuse survivors and veterans to be exempt from social housing “local connection” rules – Local Government Lawyer

‘Care leavers under 25, domestic abuse survivors and all UK Armed Forces veterans are to be exempt from rules which require a connection to a local area before accessing social housing, the Government has announced.’

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Local Government Lawyer, 26th September 2024

Source: www.localgovernmentlawyer.co.uk

Teenager with significant support needs left days from homelessness due to ‘unfathomable’ council failings: Ombudsman – Local Government Lawyer

‘The Local Government and Social Care Ombudsman (LGSCO) has found fault in the actions of Devon County Council after it left a teenager with needs including Autism and ADHD less than a week away from being made homeless because the council had not decided where he should live when he became 18.’

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Local Government Lawyer, 22nd August 2024

Source: www.localgovernmentlawyer.co.uk

Council to pay family more than £5k after placing them in B&B accommodation for six months – Local Government Lawyer

Posted August 27th, 2024 in families, homelessness, housing, local government, news, ombudsmen, statutory duty by tracey

‘The Local Government and Social Care Ombudsman (LGSCO) has found that Birmingham City Council failed to provide suitable accommodation to a family placed in bed and breakfast (B&B) accommodation for more than 26 weeks, 20 weeks over the maximum time such accommodation can be used for homeless applicants with dependent children.’

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Local Government Lawyer, 22nd August 2024

Source: www.localgovernmentlawyer.co.uk

Claimant wins High Court challenge to council over failure to secure suitable accommodation, conduct lawful assessment of children – Local Government Lawyer

‘The London Borough of Bexley failed to secure suitable accommodation for claimant ZRR in breach of section 190 of the Housing Act 1996 and failed to conduct a lawful needs assessment of her children under section 17 of the Children Act 1989, the High Court has found.’

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Local Government Lawyer, 15th August 2024

Source: www.localgovernmentlawyer.co.uk

Suitable accommodation under section 190 Housing Act 1996 – Nearly Legal

Posted August 12th, 2024 in homelessness, housing, judicial review, local government, news, statutory duty by tracey

‘ZRR, R (On the Application Of) v London Borough of Bexley (2024) EWHC 2073 (Admin). This was a judicial review of Bexley’s contention that temporary accommodation offered to ZRR under s.190 Housing Act 1996 was suitable and its duty was discharged when ZRR refused that accommodation.’

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Nearly Legal, 11th August 2024

Source: nearlylegal.co.uk

Personalisation under the Homelessness Reduction Act 2017: how personal are personal housing plans? – Journal of Social Welfare and Family Law

Posted August 8th, 2024 in homelessness, housing, local government, news by sally

‘This article explores the personalisation of homelessness services in the context of the Homelessness Reduction Act 2017. This ambitious piece of legislative reform introduced requirements on local housing authorities in England to assess an individual’s circumstances and develop personalised housing plans for people experiencing homelessness (s.3 HRA 2017, inserting s.189A Housing Act 1996). This article analyses research data (including 26 interviews) collected in 2018–2019 from ethnographic studies completed in two local authorities in the Midlands, across a period of four months in each site. Exploring the implementation of personalised housing plans in practice, this article investigates barriers to the application of the personalisation narrative, finding it operates as a tool of neoliberal governance rather than one of social justice. It asserts that if personalisation has the potential for more satisfactory and sustainable outcomes in preventing and relieving homelessness, then the inability for this narrative to manifest suggests the goal of the HRA 2017 in “reducing homelessness” is being hampered.’

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Journal of Social Welfare and Family Law, 27th July 2024

Source: www.tandfonline.com