High court ruling leaves refused asylum seekers at risk of homelessness – The Guardian

‘A high court judge has quashed a ruling that said refused asylum seekers who are destitute must be given accommodation during the pandemic until all Covid restrictions are lifted.’

Full Story

The Guardian, 22nd June 2021

Source: www.theguardian.com

Transport for London evicting rough sleepers from public areas in potential breach of law – The Independent

Posted June 21st, 2021 in equality, homelessness, human rights, local government, London, news, transport by tracey

‘Rough sleepers are being evicted from public spaces in a move legal experts say is likely to be unlawful.’

Full Story

The Independent, 20th June 2021

Source: www.independent.co.uk

Women offenders being released to homelessness – MPs – BBC News

‘Thousands of women are being released from prison each year without adequate help, a group of MPs and peers say.’

Full Story

BBC News, 8th June 2021

Source: www.bbc.co.uk

Too soon for a reasonable preference – Nearly Legal

‘This was a judicial review of LB Lewisham’s allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join the housing register and its relation to the ‘reasonable preference’ given to overcrowded households.’

Full Story

Nearly Legal, 25th May 2021

Source: nearlylegal.co.uk

Nur v Birmingham (Part 2): some on the allocation scheme are more equal than others – Nearly Legal

‘Mrs Nur lives with her 3 adult daughters, including her daughter Zakiya Abudlahi, who has cerebral palsy and learning difficulties and for whom Mrs Nur is a full time carer. Mrs Nur and Zakiya were living in the PRS when they registered on Birmingham Council’s Housing List in August 2011. In late 2018 Mrs Nur’s landlord sought possession and an order for possession was made on 12 November 2018. The Council accepted they had a homelessness duty towards the family on 22 November and they were granted a tenancy of a house owned by the Council at 89 Jervoise Road. Mrs Nur received that property following a homelessness offer, rather than as an allocation under the scheme.’

Full Story

Nearly Legal, 16th May 2021

Source: nearlylegal.co.uk

UK Immigration Rough Sleeper Rule – Family Law

‘The UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s permission to remain within the UK.’

Full Story

Family Law, 11th May 2021

Source: www.familylaw.co.uk

High Court judge says system of city council for accommodating homeless people is unlawful – Local Government Lawyer

Posted April 30th, 2021 in homelessness, housing, local government, news, statutory duty by tracey

‘Birmingham City Council’s system for allocating accommodation to homeless people has been declared unlawful by the High Court.’

Full Story

Local Government Lawyer, 29th April 2021

Source: www.localgovernmentlawyer.co.uk

Home Office to resume evicting some asylum seekers ‘with immediate effect’ – The Guardian

Posted April 27th, 2021 in asylum, coronavirus, government departments, homelessness, housing, news by sally

‘The Home Office is starting the process of evicting some asylum seekers from their accommodation “with immediate effect” after a pause of almost a year because of the pandemic, according to internal documents seen by the Guardian.’

Full Story

The Guardian, 27th April 2021

Source: www.theguardian.com

Kent council fined after mother and son left to live in tent in pandemic – The Guardian

‘A council has been fined after it removed a homeless teenager and his mother from temporary housing during the pandemic, leaving them to sofa surf and live in a tent for two months.’

Full Story

The Guardian, 23rd April 2021

Source: www.theguardian.com

Section 204 appeals – weighing medical evidence and ending ‘relief duty’ – Nearly Legal

‘Perrott v Hackney London Borough Council, 29 January 2021, Central London County Court and Perrott v Hackney London Borough Council, 29 January 2021, Central London County Court. Two linked s.204 appeals arising from Hackney’s finding that Mr Perrot was not vulnerable for the purposes of priority need – upheld on s.202 review – and Hackney’s decision to end the ‘relief duty’ under section 189B Housing Act 1996, also upheld on review.’

Full Story

Nearly Legal, 18th April 2021

Source: nearlylegal.co.uk

Rough Sleeping Immigration Rule Must Be Repealed – EIN Blog

Posted April 13th, 2021 in charities, deportation, homelessness, immigration, news by sally

‘The UK government has recently, and quietly, reintroduced a scheme that works with councils and homelessness charities to obtain personal data on migrant rough sleepers that may result in their deportation.’

Full Story

EIN Blog, 12th April 2021

Source: www.ein.org.uk

Housing case law update – March 2021 – Local Government Lawyer

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

Full Story

Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

Late s.202 reviews and what gets appealed – Nearly Legal

Posted March 22nd, 2021 in appeals, homelessness, housing, local government, news, time limits by tracey

‘Ngnoguem v Milton Keynes Council (2020] EWCA Civ 396, We’ve seen this prefigured in Stanley v Welwyn Hatfield Borough Council (2020) EWCA Civ 1458 (our note), but the relevant parts of that judgment on late reviews were strictly obiter, as the court had found that there was an agreement to extend time. Now the Court of Appeal has confirmed the position.’

Full Story

Nearly Legal, 21st March 2021

Source: nearlylegal.co.uk

Fixed universal credit cuts are unlawful, high court in UK rules – The Guardian

Posted March 19th, 2021 in benefits, charities, fines, government departments, homelessness, housing, news, vagrancy by sally

‘A group of former rough sleepers who were left destitute after the Department for Work and Pensions automatically deducted a third of their universal credit allowance to pay off court fines have won a high court victory.’

Full Story

The Guardian, 18th March 2021

Source: www.theguardian.com

R(Ncube) v Brighton: “Everyone In” does exactly what it says on the tin – Nearly Legal

Posted March 17th, 2021 in asylum, benefits, homelessness, housing, local government, news by sally

‘The much-anticipated decision in R(Ncube) v Brighton and Hove City Council (2021) EWHC 578 (Admin) has arrived, confirming that in an emergency, “Everyone In” really does mean everyone. Mr Ncube was a rough sleeper and refused asylum seeker from Zimbabwe who sought accommodation from Brighton. The council found Mr Ncube ineligible for assistance because of his NRPF status, applying s.185 of the 1996 Act and the relevant secondary legislation. “NRPF” meaning someone with “no recourse to public funds” including the provision of temporary accommodation under Part VII of the Housing Act 1996 (the 1996 Act). From 30th November 2020 Mr Ncube was accommodated by the Home Office under s.4 of the Immigration and Asylum Act 1999 (the 1999 Act). Those powers state that the Secretary of State may provide accommodation where an asylum application has been refused, but there is an obstacle to the applicant returning to their country of origin.’

Full Story

Nearly Legal, 15th March 2021

Source: nearlylegal.co.uk

Repeat homelessness applications and local connection – Garden Court Chambers

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

Full Story

Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Repeat homelessness applications and local connection – Garden Court Chambers

Posted February 18th, 2021 in homelessness, housing, local government, news, statutory duty by sally

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

Full Story

Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Simple passing of time and unlawful occupation of accommodation could not amount to new fact for the purposes of new homelessness application, judge finds – Local Government Lawyer

Posted February 10th, 2021 in homelessness, housing, local government, news by sally

‘A Deputy High Court judge has dismissed a legal challenge to a council’s decision to refuse to accept a fresh homelessness application from the claimant following an alleged change in his circumstances.’

Full Story

Local Government Lawyer, 9th February 2021

Source: www.localgovernmentlawyer.co.uk

Judge rules against woman who re-entered property after locks were changed – Local Government Lawyer

Posted January 21st, 2021 in homelessness, housing, local government, news, repossession, trespass by sally

‘A woman who managed, after the locks were changed, to re-enter temporary accommodation being provided by a property firm for a council was a trespasser and had no right to stay, Chelmsford County Court has ruled.’

Full Story

Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other

‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’

Full Story

Each Other, 8th January 2021

Source: eachother.org.uk