Category: homelessness

Bhatia Best Ltd v Lord Chancellor – WLR Daily

Posted March 27th, 2014 in appeals, homelessness, law firms, law reports, legal aid by tracey

Bhatia Best Ltd v Lord Chancellor: [2014] EWHC 746 (QB);   [2014] WLR (D)  142

‘In an appeal under section 204 of the Housing Act 1996 the county court was not “required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review” for the purposes of paragraph 19(10) of Schedule 1, Part 1 to the Legal Aid Sentencing and Punishment of Offenders Act 2012 with the result that the claimant was not entitled to receive civil legal aid funding for such an appeal.’

WLR Daily, 17th March 2014

Source: www.iclr.co.uk

Mohamoud v Birmingham City Council – WLR Daily

Posted March 12th, 2014 in appeals, homelessness, housing, law reports, local government, statutory duty by tracey

Mohamoud v Birmingham City Council: [2014] EWCA Civ 227;   [2014] WLR (D)  119

‘The principle that a person conducting a review of a local housing authority’s decision as to what (if any) duty to provide accommodation it owed under section 193 of the Housing Act 1996 to an applicant could look at new matters to determine whether there was a “deficiency” in the decision for the purposes of regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 was not confined to points which the applicant could not have taken at the outset.’

WLR Daily, 7th March 2014

Source: www.iclr.co.uk

Anti-fracking campaigners challenge eviction attempt in court – The Guardian

Posted March 7th, 2014 in demonstrations, energy, environmental protection, fracking, homelessness, human rights, news, trespass by tracey

‘Anti-fracking protesters who have been camping by a drill site in Greater Manchester since late October have appeared in court to challenge attempts to evict them.’

Full story

The Guardian, 6th March 2014

Source: www.guardian.co.uk

Deciding without a decision – NearlyLegal

Posted February 10th, 2014 in children, families, homelessness, housing, human rights, judicial review, local government, news, statutory duty by tracey

‘R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014. The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided there was no duty to accommodate M, as the family was referred to Social Services.’

Full story

NearlyLegal, 9th February 2014

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

No reason for reasons redux – NearlyLegal

Posted February 3rd, 2014 in appeals, homelessness, housing, local government, news, reasons by tracey

‘A rather odd second appeal from a s.204 appeal decision. At issue was whether the Council’s review officer should take into account “the homeless person’s state of knowledge about the Council’s rejection of the person’s reasons for stating he or she did not wish to live in a particular area”. In short, was an absence of a stated reason for a decision a potential issue on review.’

Full story

NearlyLegal, 2nd February 2014

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

Impossible Preference: Excluding the homeless from housing lists – NearlyLegal

Posted January 29th, 2014 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and excludes other classes.’

Full story

NearlyLegal, 28th January 2014

Source: www.nearlylegal.co.uk

Shortfalls, guidance and intentionality – NearlyLegal

Posted December 16th, 2013 in appeals, benefits, homelessness, housing, local government, news, rent by sally

‘A s.202 review decision on affordability was at the centre of this second appeal, brought by Birmingham after a s.204 appeal decision went against them. The issue was to what extent the review decision should manifest attention to the statutory guidance (the July 2006 Guidance) on affordability.

Full story

NearlyLegal, 15th December 2013

Source: www.nearlylegal.co.uk

Expensive choices – NearlyLegal

Posted November 25th, 2013 in homelessness, housing, judicial review, local government, news, rent by tracey

‘One of a couple of cases on intentional homelessness and affordability of accommodation.’

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NearlyLegal, 24th November 2013

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

Children and Intentional Homelessness – NearlyLegal

Posted November 25th, 2013 in children, homelessness, housing, judicial review, local government, news, rent by tracey

‘Hurzat v Hounslow LBC (2013) CA (Civ Div) 21 November 2013. What is the relationship between Housing Act 1996 Part VII and Children Act 2004? Does the duty under s.11 Children Act to safeguard and promote the welfare of children have a bearing on decisions on intentional homelessness under Housing Act 1996? While this case provides a partial answer, it was not, I think, a great case on the facts for testing the interplay of the Acts.’

Full story

NearlyLegal, 24th November 2013

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

Get your excuses for your excuses in early – NearlyLegal

Posted November 14th, 2013 in appeals, delay, homelessness, local government, news, solicitors, time limits by tracey

“Poorsalehy v Wandsworth LBC (2013) QBD 07/11/2013. A cautionary tale, albeit one that was rather hard on Mr Poorsalehy. Mr P had applied to Wandsworth as homeless. His application was rejected by s.184 decision and the s.202 upheld the decision.”

Full story

NearlyLegal, 13th November 2013

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

I don’t want to go to… Lambeth – NearlyLegal

Posted November 13th, 2013 in appeals, domestic violence, homelessness, housing, local government, news, statutory duty by tracey

“Can a refuge be a ‘residence of own choice’ for the purposes of Local Authority decisions about local connection in homeless applications? This is a rare Court of Appeal decision on the issue. In addition, can a Reg 8(2) ‘minded to’ letter requirement be triggered by events during the review and after a first ‘minded to’ letter has been sent?”

Full story

NearlyLegal, 10th November 2013

Source: www.nearlylegal.co.uk

Accept no substitutes – NearlyLegal

Posted November 7th, 2013 in appeals, disabled persons, harassment, homelessness, housing, local government, news, rape, victims by tracey

“Purewal v Ealing Borough Council (2013) CA Civ Div 05/11/2013.
This was Ealing’s appeal from a s.204 appeal brought by Ms Purewal. At the s.204 appeal, the Circuit Judge had varied Ealing’s review decision that Ms P was intentionally homeless and substituted a decision that she was unintentionally homeless.”

Full story

NearlyLegal, 6th November 2013

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

Big Issue stabbings: Homeless man detained for life – BBC News

Posted October 16th, 2013 in diminished responsibility, homelessness, homicide, mental health, news, sentencing by sally

“A homeless man who admitted killing two Big Issue sellers in a knife attack in Birmingham has been detained for life.”

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BBC News, 15th October 2013

Source: www.bbc.co.uk

Council to pay out after housing families in B&Bs for longer than six weeks – Local Government Lawyer

Posted September 25th, 2013 in benefits, compensation, complaints, homelessness, housing, local government, news, ombudsmen, statutory duty by sally

“A local authority is set to pay out thousands of pounds after it housed 40 homeless families in bed and breakfast accommodation for longer than the recommended limit of six weeks.”

Full story

Local Government Lawyer, 24th September 2013

Source: www.localgovernmentlawyer.co.uk

Legal aid residence test ‘will just shift cost to council taxpayers’ – The Guardian

Posted September 24th, 2013 in children, homelessness, legal aid, local government, news, reports by sally

“Introducing a proposed residence test for legal aid will lead to local authorities paying tens of millions of pounds to support children in care and prevent increased homelessness, campaigners have warned the Ministry of Justice.”

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The Guardian, 23rd September 2013

Source: www.guardian.co.uk

Better Late than Never? – NearlyLegal

Posted August 19th, 2013 in appeals, homelessness, housing, human rights, local government, news, time limits by tracey

“Peake v LB Hackney  is another cautionary tale about the importance of lodging statutory homelessness appeals within the 21 day limit.”

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NearlyLegal, 18th August 2013

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

Whitworth Park attack: Man jailed for beating homeless man – BBC News

Posted August 5th, 2013 in grievous bodily harm, homelessness, news, sentencing, video recordings by sally

“A man who police said viciously attacked a homeless man in a park in Greater Manchester then pretended to be a Good Samaritan has been jailed.”

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BBC News, 2nd August 2013

Source: www.bbc.co.uk

Helping Female Offenders Keep Their Home – Criminal Law and Justice Weekly

Posted July 29th, 2013 in charities, community service, homelessness, housing, news, women by sally

“Harriet Stranks on one charity’s work to tackle re-offending and homelessness among women released from prison.”

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Criminal Law and Justice Weekly, 20th July 2013

Source: www.criminallawandjustice.co.uk

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council – WLR Daily

Posted July 24th, 2013 in appeals, homelessness, human rights, judicial review, law reports, local government, proportionality by tracey

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council: [2013] EWCA Civ 804; [2013] WLR (D) 297

“A housing authority was not required to issue court proceedings before evicting the occupier of accommodation made available on a licence by a housing authority pursuant to its interim duty under sections 188(1) or 190(2)(a) of the Housing Act 1996.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Not pending this appeal – NearlyLegal

Posted July 9th, 2013 in appeals, homelessness, housing, judicial review, local government, news by sally

“When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant’s route to challenge a refusal by the local authority to provide accommodation pending appeal to the Court of Appeal?”

Full story

NearlyLegal, 8th July 2013

Source: www.nearlylegal.co.uk