High Court judge allows appellant in housing case to substitute council as respondent after naming wrong authority – Local Government Lawyer

Posted February 8th, 2024 in amendments, appeals, civil procedure rules, homelessness, housing, mistake, news, pleadings by sally

‘A woman has been allowed by the High Court to amend her statutory housing appeal application after she named the wrong council on the original.’

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Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon – Oxford Human Rights Hub

‘In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the Court arguably made the right to be provided with housing (in the form of suitable accommodation) a justiciable right for certain categories of homeless persons.’

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Oxford Human Rights Hub, 23rd January 2024

Source: ohrh.law.ox.ac.uk

Housing and Children Act – homeless 17 year olds – Nearly Legal

Posted January 15th, 2024 in children, duty of care, families, homelessness, housing, local government, news by tracey

‘A couple of brief notes on two judicial reviews on housing, the Children Act 1989 and “looked-after children”.’

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Nearly Legal, 14th January 2024

Source: nearlylegal.co.uk

How to lift the No Recourse to Public Funds condition – EIN Blog

‘The “No Recourse to Public Funds” Condition is imposed on grant of limited leave to remain which in effect means that the person holding that leave cannot obtain public funds. However, it is possible to ask the Home Office to lift the condition and there are special criteria to be met.’

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EIN Blog, 2nd January 2024

Source: www.ein.org.uk

Deficient enquiries and accommodation pending review – Nearly Legal

Posted December 19th, 2023 in homelessness, housing, judicial review, local government, news by tracey

‘Saint Sepulchre, R (On the Application Of) v Royal Borough of Kensington & Chelsea (2023) EWHC 2913 (Admin). A judicial review of RBKC’s refusal to provide temporary accommodation pending section 202 review of the decision that Mr S was not homeless.’

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Nearly Legal, 17th December 2023

Source: nearlylegal.co.uk

Deputy High Court judge orders London borough to provide accommodation pending completion of review of homelessness decision – Local Government Lawyer

Posted November 30th, 2023 in homelessness, housing, judicial review, local government, mental health, news by sally

‘The Royal Borough of Kensington & Chelsea acted unfairly in rejecting a request for accommodation by a man with mental health problems pending the outcome of his statutory review request of the defendant council’s earlier decision that he was not homeless, the High Court has found.’

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Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

Homelessness – Local Government Law

Posted November 29th, 2023 in appeals, homelessness, housing, local government, news, statutory duty, Supreme Court by sally

‘The central issue before the Supreme Court is R (Imam) v London Borough of Croydon (2023) UKSC 45, in which Judgment was given on 28 November 2023, was whether, and, if so, in what way, a local authority’s lack of financial or other resources should be taken into consideration when a Court is deciding whether to grant a Mandatory Order against the authority in order to enforce its undoubted statutory duty (paragraph 37) towards a homeless individual under Section 193(2) of the Housing Act 1996.’

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Local Government Law, 29th November 2023

Source: local-government-law.11kbw.com

Private sector accommodation in discharge of duty – meeting the tests at the right time – Nearly Legal

‘Ayinla v London Borough of Newham. Central London County Court. 29 September 2023. The key issue was whether LB Newham had met the requirements of satisfying itself that a private sector tenancy offered in discharge of duty was suitable, with regard to the judgment in Hajjaj v City of Westminster (2021) EWCA Civ 1688 (our note) and the conditions in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012.’

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Nearly Legal, 22nd October 2023

Source: nearlylegal.co.uk

Ban on no-fault evictions in England unlikely this year – The Guardian

‘Michael Gove has won a battle with No 10 to push ahead with a ban on no-fault evictions and other reforms, but renters will not get protection until next year.’

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The Guardian, 17th October 2023

Source: www.theguardian.com

Homelessness and evidence – Nearly Legal

‘Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin). A judicial review of what was alleged to be Westminster’s failure to meet its s.188(1) duty to secure suitable accommodation and breach of Public Sector Equality Duty.’

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Nearly Legal, 15th October 2023

Source: nearlylegal.co.uk

Thousands of refugees could be made homeless in UK’s asylum backlog clearance – The Guardian

Posted October 5th, 2023 in asylum, delay, homelessness, news, refugees by sally

‘More than 50,000 refugees in the UK could be made homeless by the end of the year unless ministers take urgent steps to support them as it clears the asylum backlog, the British Red Cross has warned.’

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The Guardian, 5th October 2023

Source: www.theguardian.com

Distance, affordability, suitability – Nearly Legal

Posted August 29th, 2023 in benefits, equality, homelessness, housing, local government, news, statutory duty by sally

‘This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in Walsall in discharge of Waltham Forest’s s.193 duty to Ms Webb-Harden. Ms Webb-Harden is a single mother with three children, who had lived in London all her life. She had become homeless from the termination of a private sector tenancy.’

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Nearly Legal, 28th August 2023

Source: nearlylegal.co.uk

Court of Appeal finds council had “due regard” to s149 Equality Act when offering accommodation in Walsall to single mother who had lived in London all her life – Local Government Lawyer

Posted August 25th, 2023 in appeals, children, equality, families, homelessness, housing, local government, London, news by sally

‘The Court of Appeal has dismissed a single mother’s appeal against a decision of a reviewing officer of the London Borough of Waltham Forest, finding that the accommodation offered to her was “reasonable and suitable”.’

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Local Government Lawyer, 24th August 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal dismisses appeal over whether hostel room was “suitable accommodation” – Local Government Lawyer

Posted August 24th, 2023 in asylum, disabled persons, homelessness, housing, local government, news by sally

‘The Court of Appeal has dismissed a woman’s appeal against a decision that a room in a hostel was “suitable” accommodation for her to continue to occupy.’

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Local Government Lawyer, 23rd August 2023

Source: www.localgovernmentlawyer.co.uk

Suitability s202 reviews and ‘minded to’ regulations – Nearly Legal

Posted August 14th, 2023 in appeals, children, education, families, homelessness, housing, local government, news by tracey

‘Elbhiri v Royal Borough of Kensington and Chelsea. 9 December 2022. Central London County Court (Unreported – copy of judgment )
This is a s.204 appeal judgment that I have been sitting on for an inexcusably long time, ever since I was kindly sent the judgment. This is particularly inexcusable as it is a very interesting point at issue in this appeal. The brief background was that RBKC owed Ms Elbhiri the full housing duty following her homeless application. Ms E had been placed in temporary accommodation under s.193 Housing Act 1996. She then sought a review under s.202 of the suitability of the accommodation. The review upheld the suitability of the accommodation and Ms E brought a s.204 appeal.’

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Nearly legal, 13th August 2023

Source: nearlylegal.co.uk

Intentional homelessness – what counts as accommodation? – Nearly Legal

Posted August 1st, 2023 in appeals, homelessness, housing, local government, news by sally

‘A second appeal to the Court of Appeal on Folkestone’s decision that Ms Hodge was intentionally homeless because she had left a room in a hostel run by a charity that she was occupying under licence.’

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Nearly Legal, 31st July 2023

Source: nearlylegal.co.uk

Free legal advice aims to help thousands of people facing eviction each year – The Independent

Posted August 1st, 2023 in bills, homelessness, housing, legal advice, news, repossession, statistics by sally

‘The launch comes not long after the latest statistics showed households and children in temporary accommodation in England are at record highs.’

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The Independent, 31st July 2023

Source: www.independent.co.uk

Suitability appeal – don’t ignore evidence of need – Nearly Legal

‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’

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Nearly Legal, 28th July 2023

Source: nearlylegal.co.uk

Getting it all wrong… LB Redbridge ‘dismal’ homelessness decisions – Nearly Legal

‘Ms UO and her 3 children, aged 11, 5 and 3, were homeless and had applied to LB Redbridge. The family had NASS accommodation in the Tottenham area since 2021, after NASS accommodation in Croydon and West Ham from 2019. Ms UO’s elder children were enrolled in school in Tottenham and the youngest in the nursery attached to the school. MS UO had connections in Redbridge herself. Following Ms UO’s grant of asylum in 2022, the NASS accommodation ceased. She applied to Redbridge. The application stressed how important the children’s school was to them. She then did not hear anything from Redbridge until the day before her eviction from the NASS accommodation.’

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Nearly Legal, 18th June 2023

Source: nearlylegal.co.uk

Homeless single mother wins High Court battle against London borough – Local Government Lawyer

‘A High Court judge has allowed a homeless single mother’s claim for judicial review against the London Borough of Redbridge on all four grounds.’

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Local Government Lawyer, 14th June 2023

Source: www.localgovernmentlawyer.co.uk