“In Samin v Westminster CC [2012] EWCA Civ 1468, the Court of Appeal had to decide what was meant by someone being ‘temporarily unable to work’ so as to determine if Mr Samin retained his status as a ‘worker’ under the Immigration (European Economic Area) Regulations 2006.”
NearlyLegal, 22nd November 2012
Source: www.nearlylegal.co.uk/blog/
Charles Terence Estates Ltd v Cornwall Council: [2012] EWCA Civ 1439; [2012] WLR (D) 326
“It was not appropriate to circumscribe a local authority’s power to acquire houses in order to provide accommodation for unintentionally homeless in priority need by limiting the power to acquire at a reasonable price.”
WLR daily, 13th November 2012
Source: www.iclr.co.uk
“Desperation among local authority housing departments is running so high that homeless families are regularly told they can be given accommodation only if their children go into care, writes Elizabeth Davidson. This shocking response on the part of the authorities is clearly a fob-off given that this would not only breach their legal duties but would cost their social services departments a lot of money.”
LegalVoice, 13th November 2012
Source: www.legalvoice.org.uk
“With perfect timing, a County Court section 204 appeal judgment reaches us, on the issue of suitability of temporary accommodation. With the context of out of borough placements and the post Localism Act situation, this seemed worth considering and quoting in detail.”
NearlyLegal, 12th November 2012
Source: www.nearlylegal.co.uk
“Now that the Guardian has the story, I feel able to quote a briefing paper by Andy Gale of the DCLG that had found its way to me. This is the briefing that Andy Gale has been giving to Council officers (not councillors, as far as I know) on what he gives as the DCLG view of the post-Localism Act world, how Councils should implement it, and how officers should sell this to Councillors.”
NearlyLegal, 10th November 2012
Source: www.nearlylegal.co.uk
“Irene Gardiner bringing case against Crown Prosecution Service and police over law change that could make her homeless.”
The Guardian, 31st August 2012
Source: www.guardian.co.uk
“There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012] EWHC 2216 (Admin) [not yet on Bailii], heard by Justice Simler QC on 30/7/2012.”
NearlyLegal, 27th August 2012
Source: www.nearlylegal.co.uk/blog/
“This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim.”
NearlyLegal, 26th August 2012
Source: www.nearlylegal.co.uk/blog/
“Just how bad and inappropriate does temporary accommodation have to be to be unsuitable? There is an interesting post by David Thomas on the Anthony Gold ‘Housing and Public Law’ blog about a settled Judicial Review that highlights this issue.”
NearlyLegal, 23rd August 2012
Source: www.nearlylegal.co.uk
“Legal precedent demands that tenants unable to meet unaffordable housing costs are legally homeless. What does this mean in today’s London?”
The Guardian, 21st August 2012
Source: www.guardian.co.uk
“It may be written by the chief inspector of prisons, but don’t be fooled – this report is about social justice not crime.”
The Guardian, 2nd August 2012
Source: www.guardian.co.uk
“When can a Local Authority refuse to accept an application as homeless? This was a judicial review of Birmingham City Council’s refusal to accept a homeless application by the Claimant, Ms May, ostensibly on the basis that there was no change in facts from her previous application(s).”
NearlyLegal, 7th July 2012
Source: www.nearlylegal.co.uk
“Although the legislation did not lay down the criteria of special circumstances in relation to priority need for housing homeless persons, a separated parent’s reasonable expectation that his children, who were living with their other parent, would move to live with him did not impose an obligation on the local housing authority to consider the parent’s case as special circumstances case for priority needs. Where an applicant for housing was represented by solicitors the failure of the authority expressly to notify the solicitor so that they could make representations in connection with the review did not invalidate the decision of the review officer to uphold the authority’s decision rejecting an application for priority need housing.”
WLR Daily, 18th May 2012
Source: www.iclr.co.uk
Maswaku v Westminster City Council [2012] EWCA Civ 669; [2012] WLR (D) 153
“Section 193(5) of the Housing Act 1996 did not impose any statutory obligation on the local housing authority to spell out each and every possible consequence if an eligible homeless applicant refused temporary alternative accommodation offered which the authority considered to be suitable for him.”
WLR Daily, 18th May 2012
Source: www.iclr.co.uk
Bubb v Wandsworth London Borough Council: [2011] EWCA Civ 1285; [2011] WLR (D) 323
“A county court judge hearing an appeal on a point of law under section 204 of the Housing Act 1996, against a review of whether a local housing authority owed a duty to a homeless person under the 1996 Act, had no jurisdiction to find the relevant primary facts for himself. The judge’s function was to consider whether the reviewing officer’s decision should be quashed on judicial review grounds.”
WLR Daily, 9th November 2011
Source: www.iclr.co.uk
Mitu v Camden London Borough Council [2011] EWCA Civ 1249; [2011] WLR (D) 310
“Where a local authority, having decided that an applicant was intentionally homeless and not in priority need, decided on review of the application that the applicant’s homelessness was not intentional, it had a duty by section 192(2) of the Housing Act 1996 to provide or arrange for the provision of advice and assistance, and a discretion by section 192(3) of the 1996 Act to provide accommodation. Failure to consider the exercise of that discretionary power, if it affected the fairness of the decision, was a procedural deficiency requiring the local authority to give the applicant notice of its intended decision and allow him to make further representations either orally or in writing.”
WLR Daily, 1st November 2011
Source: www.iclr.co.uk
“Hugh Muir examines whether home owners need more protection from squatters – and what effect criminalisation will have on the homeless.”
The Guardian, 6th October 2011
Source: www.guardian.co.uk
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