One in three councils targeting rough sleepers with enforcement measures: Crisis – Local Government Lawyer

‘More than one in three councils (36%) are targeting rough sleepers with enforcement measures such as Criminal Behaviour Orders (CBOs) and Public Space Protection Orders (PSPOs), research by national homelessness charity Crisis has suggested.’

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Local Government Lawyer, 4th April 2017

Source: www.localgovernmentlawyer.co.uk

Just too much effort… Barnet and homeless applications – Nearly Legal

‘The Local Government Ombudsman has issued a quite withering decision on a complaint about Barnet Council’s failure to make a formal decision on repeated homeless applications by a homeless woman.’

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Nearly Legal, 30th March 2017

Source: www.nearlylegal.co.uk

Hackney LBC v Haque – Arden Chambers

Posted January 27th, 2017 in disabled persons, equality, homelessness, housing, local government, news by sally

‘The Court of Appeal has held that the four-stage approach to considering the public sector equality duty in s.149 Equality Act 2010 in Hotak v Southwark LBC [2015] UKSC 30; [2016] AC 811, is concerned only with vulnerability under s.189(1)(c) Housing Act 1996. In cases concerning suitability of accommodation, a review officer had to show (on a “stand-back” reading of the decision) recognition as to whether a homeless applicant had a disability and whether the accommodation was unsuitable having regard to that disability and its impact on the applicant compared to those without such a disability.’

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Arden Chambers, January 2017

Source: www.ardenchambers.com

Costs and inquiries – homelessness appeals – Nearly Legal

Posted January 26th, 2017 in costs, homelessness, housing, inquiries, local government, news by tracey

‘The London Borough of Croydon v Lopes [2017] EWHC 33 (QB). Costs on settled s.204 Housing Act 1996 appeals – the issue that never goes away. The latest instalment also brings with it some rather sharp findings by the Court of Appeal on the extent of inquiries the council should have made.’

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Nearly Legal, 25th January 2017

Source: www.nearlylegal.co.uk

What Westminster did next. Sending the homeless to Coventry – Nearly Legal

Posted January 18th, 2017 in homelessness, housing, local government, news by sally

‘As has been reported here and here, Westminster City Council have decided to adopt various new housing policies. In particular, there are new proposed policies on temporary accommodation and permanent accommodation offers for homeless households.’

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Nearly Legal, 16th January 2017

Source: www.nearlylegal.co.uk

To me – To you – Nearly Legal

Posted January 16th, 2017 in homelessness, housing, judicial review, landlord & tenant, local government, news by sally

‘A judicial review in which two local authorities fought over which of them was gong to have to owe a housing duty to a homeless applicant. The central issue was whether, in the circumstances, Ealing could refuse a referral under the local connection provisions by RBK&C. However, the finding on ‘same facts’ second homeless applications has much broader application and should be taken note of by everyone.’

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Nearly Legal, 15th January 2017

Source: www.nearlylegal.co.uk

Thousands left homeless by shortage of legal aid lawyers, say charities – The Guardian

‘Thousands of people are being made homeless every year because they cannot find lawyers to help them resist eviction, charities are warning.’

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The Guardian, 18th December 2016

Source: www.guardian.co.uk

Disability and homelessness: bringing home human rights – Cloisters

Posted December 1st, 2016 in disabled persons, homelessness, human rights, local government, news, treaties by sally

‘Sally Robertson considers the decision of R (GS) v London Borough of Camden [2016] EWHC 1762 (Admin), 27 July 2016 in this blog.’

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Cloisters, 9th November 2016

Source: www.cloisters.com

New facts, ex-marriages and homeless applications – Nearly Legal

Posted November 8th, 2016 in divorce, homelessness, local government, news by sally

‘This was judicial review of Hillingdon’s refusal to accept a homeless application from Ms A.’

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Nearly Legal, 7th November 2016

Source: www.nearlylegal.co.uk

Homeless Reduction Bill – part 2 – Nearly Legal

Posted October 27th, 2016 in bills, homelessness, housing, local government, news, Wales by sally

‘After my rantette about clause 1 of the Homeless Reduction Bill as published for second reading, it is time to turn to the substance of the Bill in terms of new duties and so on. And, some drafting issues aside, these are broadly positive.’

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Nearly Legal, 26th October 2016

Source: www.nearlylegal.co.uk

Reducing the Homelessness Reduction Bill. Part 1 – Nearly Legal

Posted October 26th, 2016 in bills, homelessness, housing, news by sally

‘Monday’s big news was the Govt announcement that it will support the Homelessness Reduction Bill – Bob Blackman MP’s private members bill, due for second reading on 28 October. But exactly what is it that the Govt is supporting?’

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Nearly Legal, 25th October 2016

Source: www.nearlylegal.co.uk

Homeless eligibility amends and deposit discretions – Nearly Legal

‘The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 have (finally) been made to come into force on 30 October 2016. These sort out the anomaly highlighted in Romans v Southwark LBC and SSDCLG and Alabi v SSDCLG about those with leave to remain granted under Appendix FM. Their eligibility for housing and homeless assistance is confirmed. A number of appeals have been stayed pending the regulations, which should now be resolved.’

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Nearly Legal, 3rd October 2016

Source: www.nearlylegal.co.uk

Leeds homelessness protesters fight legal bid to evict tent city – The Guardian

Posted October 3rd, 2016 in demonstrations, homelessness, local government, news, repossession by sally

‘The organisers of a homelessness protest, in which around 50 rough sleepers have pitched tents in Leeds city centre, are due to appear in court to fight a bid to disperse them.’

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The Guardian, 3rd October 2016

Source: www.guardian.co.uk

Adverts banned for portraying beggars as ‘disingenuous and undeserving’ – The Independent

Posted September 28th, 2016 in advertising, homelessness, local government, news, vagrancy by sally

‘Four Nottingham City Council posters urging people not to give money to beggars have been banned for being likely to cause widespread offence and reinforcing negative stereotypes.’

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The Independent, 28th September 2016

Source: www.independent.co.uk

Right to be Forgotten? – Nearly Legal

Posted September 20th, 2016 in appeals, causation, homelessness, housing, news by tracey

‘When does temporary accommodation become settled so as to break the chain of causation of intentional homelessness? The appeal in Huda v LB Redbridge [2016] EWCA Civ 709 concerned a homeless applicant and his family, who were effectively forgotten about by the council following a final decision on their application.’

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Nearly Legal, 18th September 2016

Source: www.nearlylegal.co.uk/blog/

Housing applicant wins challenge after accepting offer ‘under protest’ – Local Government Lawyer

Posted September 13th, 2016 in homelessness, housing, local government, news by sally

‘The London Borough of Brent was perverse to characterise acceptance while seeking review as refusal in a homelessness case.’

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Local Government Lawyer, 13th September 2016

Source: www.localgovernmentlawyer.co.uk

A compendium of vulnerability cases – Nearly Legal

‘Following on from our post on Mohammed v Southwark LBC, here are notes on a further three appeals to the County Court under section 204 Housing Act 1996, all related to decisions on priority need (or lack of it) through vulnerability.’

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Nearly Legal, 12th September 2016

Source: www.nearlylegal.co.uk

Homeless young offenders’ housing criticised by report – BBC News

Posted September 7th, 2016 in children, homelessness, housing, local government, news, reports, young offenders by sally

‘A third of homeless 16 and 17-year-old offenders in England and Wales are being placed in unsafe or unsuitable accommodation, a report has found.’

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BBC News, 7th September 2016

Source: www.bbc.co.uk

What do points mean? (No prizes) – Nearly Legal

Posted August 30th, 2016 in children, homelessness, housing, interpretation, local government, news by sally

‘Another allocation judicial review, related, but perhaps distinct from the line of ‘reasonable preference’ cases we have previously seen. The issue, in part, Islington’s use of a ‘points threshold’ for allowing bidding for properties, though not for qualification to the register.’

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Nearly Legal, 29th August 2016

Source: www.nearlylegal.co.uk

Vulnerability after Hotak/Johnson/Kanu – Nearly Legal

Posted August 23rd, 2016 in appeals, homelessness, housing, mental health, news, Supreme Court by sally

‘Mr M had applied to Southwark as homeless. He provided a GP’s letter stating that he suffered from depression, was prescribed anti-depressants and was awaiting therapy. Soon after, Mr M’s brother was murdered and he was badly affected by this.’

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Nearly Legal, 22nd August 2016

Source: www.nearlylegal.co.uk