‘Someone who does not appeal against a local authority review decision that it has discharged its duty towards them as being homeless cannot later challenge that decision in a subsequent application, the Court of Appeal has ruled.’
Local Government Lawyer, 27th March 2019
Source: www.localgovernmentlawyer.co.uk
‘The Department for Work & Pensions has successfully defended a High Court challenge brought by a homeless man who claimed that its approach to communication was in breach of its duties under the public sector equality duty.’
Local Government Lawyer, 11th March 2019
Source: www.localgovernmentlawyer.co.uk
‘In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews (especially following the 2017 Act). He also came to the wrong result imho – I wonder if there is an appeal, even if it becomes academic (which it might). Ms B was offered accommodation and sought a review. It was one of those ones where affordability is raised, but, given that one doesn’t know what the bills are going to be for the property at the outset, the reviewer and applicant make approximations. The review went against her, albeit on marginal grounds (and there are various consequential proceedings from that first review and appeal). For the purposes of this application for JR, however, what happened was that Ms B’s actual electricity bill arrived and it was more per week than had originally been estimated. She sought a further review, to which Redbridge did not respond, and which, ultimately, led to these proceedings as Redbridge did not conduct that further review.’
Nearly Legal, 15th February 2019
Source: nearlylegal.co.uk
‘Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable it to get there.’
Nearly Legal, 12th February 2019
Source: nearlylegal.co.uk
‘A single mother of four who was was forced into homelessness due to a shortfall in housing benefit is to challenge the government in Britain’s highest court.’
The Independent, 31st January 2019
Source: www.independent.co.uk
‘Safi v Sandwell BC (2018) EWCA Civ 2876 can be regarded as a footnote of some significance in the factors which are relevant in determining whether a household is homeless for the purposes of s. 175, Housing Act 1996. (And, as a footnote to that footnote, a point for the cognoscenti of review processes: it is interesting that Sandwell has a review panel (whether officer or councillor-led is not clear from the report), which appears to work by way of meetings; such panels, which were frequently constituted prior to and just after the 1996 Act, are rare these days, reviews being conducted commonly by a single officer.)’
Nearly Legal, 21st January 2019
Source: nearlylegal.co.uk
‘The Legal Aid Agency will have to gear up for another High Court showdown after a civil liberties group was granted permission to challenge the lack of public funding to help homeless people targeted by protection orders aimed at tackling anti-social behaviour.’
Law Society's Gazette, 16th January 2019
Source: www.lawgazette.co.uk
‘A woman awarded £500,000 after being left with severe physical and mental disabilities is homeless after her mother was barred from buying them a home with the money.’
BBC News, 14th January 2018
Source: www.bbc.co.uk
‘Sandwell Borough Council acted wrongly when it considered an application for a local resident to be treated as homeless, the Court of Appeal has ruled.’
Local Government Lawyer, 10th January 2019
Source: www.localgovernmentlawyer.co.uk
‘Two London boroughs have won in the Court of Appeal over challenges to their policies on out-of-borough accommodation placements for homeless people.’
Local Government Lawyer, 11th December 2018
Source: www.localgovernmentlawyer.co.uk
‘Cornwall Council has admitted that accommodating a homeless youth on a campsite “went on for too long”, after criticism from the Local Government and Social Care Ombudsman.’
Local Government Lawyer, 31st October 2018
Source: www.localgovernmentlawyer.co.uk
‘A human rights organisation is taking the national provider of legal aid to court because it is refusing to help rough sleepers challenge councils over the use of potentially unlawful powers to move them on.’
The Guardian, 23rd October 2018
Source: www.theguardian.com
‘A woman who had become homeless while imprisoned for terrorism offences did not have her human rights breached by the London Borough of Brent in its decisions on housing her and her children, the High Court has ruled.’
Local Government Lawyer, 11th October 2018
Source: www.localgovernmentlawyer.co.uk
‘The family of an engineer who trained Ministry of Defence engineers is being made homeless because the Home Office has still not completed a review of a controversial immigration policy it promised to report on by July.’
The Guardian, 27th September 2018
Source: www.theguardian.com
‘Hundreds of families are being made homeless every week in “no-fault” evictions by landlords keen to cash in on rising property prices or put the rent up.’
The Guardian, 18th August 2018
Source: www.theguardian.com
‘Ms L “suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of the day. She requires 24-hour care, including intimate care which for the time being is provided by her former partner.” She had the tenancy of a housing association property – a two bedroomed bungalow in sheltered accommodation, which was adapted for her needs.’
Nearly Legal, 9th August 2018
Source: nearlylegal.co.uk
‘The Court of Appeal has dismissed an appeal by a local authority in which they had sought to withdraw a concluded decision as to what duty was owed to a homeless person; such a decision could only be withdrawn in cases of fraud or fundamental mistake of fact, neither of which were present.’
Arden Chambers, 31st July 2018
Source: www.ardenchambers.com
‘The Court of Appeal has held that reg.8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999/71, does not require a local housing authority to specify in a “minded-to” letter that an applicant may make representations to the reviewer orally at a face-to-face meeting.’
Arden Chambers, 12th July 2018
Source: www.ardenchambers.com
‘Kamara v London Borough Of Southwark (2018) EWCA Civ 1616. In Makisi & Ors v Birmingham City Council (2011) EWCA Civ 355 (our report), the Court of Appeal decided that the right to make ‘oral submissions’ in response to a ‘minded to’ letter under 8(2) of the 1999 Review Procedures Regulations meant a right to request ‘face to face’ advocacy in making representations. In these three joined appeals, the sole issue was whether this meant that the ‘minded to’ to letter had to specify the right to a face to face meeting for representations.’
Nearly Legal, 15th July 2018
Source: nearlylegal.co.uk
‘Doka v Southwark concerned what could amount to ‘settled accommodation’ for homelessness matters, and specifically for ‘breaking the chain’ of intentional homelessness.’
Nearly Legal, 11th July 2018
Source: nearlylegal.co.uk
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