‘The Court of Appeal upheld HHJ Saggerson’s decision on a section 204 appeal in the County Court that where an applicant requests a review on suitability under Part VII of the 1996 Act, the review officer is not obliged to anticipate and consider what further duty (if any) may be owed to the applicant without a request for a review on that basis.’
4-5 Gray's Inn Square, 21st March 2025
Source: www.4-5.co.uk
‘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.’
Local Government Lawyer, 20th February 2025
Source: www.localgovernmentlawyer.co.uk
‘Manchester City Council can proceed with evictions at a tent encampment in St Peter’s Square, a judge has ruled.’
Local Government Lawyer, 18th February 2025
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 9th February 2025
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 2nd February 2025
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 26th January 2025
Source: nearlylegal.co.uk
‘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.’
Local Government Lawyer, 24th January 2025
Source: www.localgovernmentlawyer.co.uk
‘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.’
UK Constitutional Law Association, 16th January 2025
Source: ukconstitutionallaw.org
‘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.’
Local Government Lawyer, 12th December 2024
Source: www.localgovernmentlawyer.co.uk
‘Michael Owen, Sumi Begum and May Atkinson round up the latest cases and court decisions of interest to housing associations and local authorities.’
Local Government Lawyer, 4th December 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 20th October 2024
Source: nearlylegal.co.uk
‘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.’
Local Government Lawyer, 14th October 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 13th October 2024
Source: nearlylegal.co.uk
‘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.’
Local Government Lawyer, 9th October 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 30th September 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 26th September 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 22nd August 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 22nd August 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 15th August 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 11th August 2024
Source: nearlylegal.co.uk
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