Unfurnished temporary accommodation – is it suitable? – Nearly Legal

Posted June 29th, 2020 in homelessness, housing, judicial review, local government, news, standards by sally

‘A judicial review where the relevant parts played out in the early stages of the pandemic lockdown, and where the central question was whether self contained accommodation provided without a fridge, cooker and bed, was suitable within the meaning of section 206 Housing Act 1996, such that interim relief could be ordered.’

Full Story

Nearly Legal, 28th June 2020

Source: nearlylegal.co.uk

Ending it all – duties under section 188 – Nearly Legal

‘Where a local authority has an initial s.188 Housing Act 1996 duty to provide interim accommodation, but then makes a s.184 decision that the applicant is not in priority need, is that sufficient to bring the s.188 duty to an end? In this judicial review, the answer turns out to be no, at least not if the s.189B duty is continuing and notice of no further duty has not been served.’

Full Story

Nearly Legal, 16th June 2020

Source: nearlylegal.co.uk

Over 1,000 prison leavers left homeless amid pandemic, MoJ figures show – The Guardian

Posted June 16th, 2020 in coronavirus, homelessness, housing, news, prisons by sally

‘More than 1,000 prisoners were released into homelessness at the height of the coronavirus pandemic in England and Wales, figures show, prompting the government to increase funding for accommodation for prison leavers.’

Full Story

The Guardian, 15th June 2020

Source: www.theguardian.com

Vulnerability vs. Disability: McMahon v Watford BC [2020] EWCA Civ 497; [2020] 4 WLUK 99, a sensible clarification – St Ives Chambers

‘This case determines, definitively, that a thorough vulnerability assessment with an acknowledgement of a consideration of the Public Sector Equality Duty (‘PSED’) can satisfy the statutory duty pursuant to section 149 of the Equality Act 2010. No further assessment is automatically required.’

Full Story

St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

“The Law of Humanity”: Home Office no recourse to public funds policy ruled unlawful – UK Human Rights Blog

‘In this judgment on the Home Secretary’s “no recourse to public funds” (NRPF) policy, the Divisional Court of the Queen’s Bench Division has confirmed that it does, citing authority going back to the time of the poor laws.’

Full Story

UK Human Rights Blog, 3rd June 2020

Source: ukhumanrightsblog.com

Bedlington man who enslaved homeless men must pay £275k – BBC News

Posted June 2nd, 2020 in forced labour, homelessness, news, proceeds of crime by sally

‘A man who plied homeless men with drugs and alcohol to make them do gruelling work has been ordered to pay back the £275,000 he made through his crimes.’

Full Story

BBC News, 1st June 2020

Source: www.bbc.co.uk

Jaden Moodie: ‘Chances missed’ to protect boy groomed by dealers – BBC News

‘A boy who was “butchered” in a drugs turf war after being groomed by drug dealers had been arrested in a crack den months earlier but police did not contact child exploitation staff, a report has found.’

Full Story

BBC News, 26th May 2020

Source: www.bbc.co.uk

Migrants Falling Through Cracks In Covid-19 Homelessness Support, Lawyers Warn – Each Other

‘Undocumented migrants are being forced to sleep rough during the coronavirus pandemic amid an increase in illegal evictions and a lack of government guidance, lawyers have warned.’

Full Story

Each Other, 13th May 2020

Source: eachother.org.uk

Judge questions coronavirus case against ‘homeless’ London man – The Guardian

‘A judge has questioned the Crown Prosecution Service’s decision to charge a man who said he was homeless with allegedly breaching coronavirus regulations by leaving “the place where he was living”.’

Full Story

The Guardian, 12th May 2020

Source: www.theguardian.com

Boy, 8, Wins Legal Bid Against Home Office Policy Which Left Him Street Homeless – Each Other

‘An eight-year-old British boy and his migrant mum were unlawfully made street homeless by a Home Office policy which denied them social security payments, a court has ruled.’

Full Story

Each Other, 8th May 2020

Source: eachother.org.uk

Homelessness Law and Practice: Coronavirus Update – 4-5 Gray’s Inn Square

Posted May 7th, 2020 in chambers articles, coronavirus, homelessness, news by sally

‘Though there is little firm evidence of the extent of the impact of the Covid-19 pandemic on the homeless population or the effectiveness of measures adopted by the government to mitigate that impact, it is clear that the crisis poses unique and urgent risks to this part of society. The Housing, Communities, and Local Government Committee has launched an inquiry into this issue which will meet for the first time next week, and it is more than likely that we will see more changes to this fast-developing area in the weeks and months to come.’

Full Story

4-5 Gray's Inn Square, 6th May 2020

Source: www.4-5.co.uk

How Should Reviewing Officers Approach the Question of Intentionality? – St Ives Chambers

‘This article focusses on the approach that reviewing officers should take when deciding whether someone has made themselves intentionally homeless following the Court of Appeal’s decision in LB v London Borough of Tower Hamlets [2020] EWCA Civ 439.’

Full Story

St Ives Chambers, 29th April 2020

Source: www.stiveschambers.co.uk

Suitability in the time of Coronavirus – Doughty Street Chambers

Posted May 5th, 2020 in coronavirus, homelessness, housing, local government, news by sally

‘The conditions in which many statutorily homeless people live are frequently sub-optimal. Everyone has an anecdotal story of a family of five provided with temporary accommodation in a studio flat above a nightclub which is accessed via a dark alleyway, which the local authority insist is suitable. A frequent source of controversy is the use of hostels to discharge duties, where potentially highly vulnerable people are required to live with and share facilities with those who they do not know.’

Full Story

Doughty Street Chambers, 1st May 2020

Source: insights.doughtystreet.co.uk

Covid-19 and homelessness applications – Doughty Street Chambers

Posted April 22nd, 2020 in chambers articles, coronavirus, homelessness, housing, local government, news by sally

‘The onset of Covid-19 gave rise to a massive effort to provide health care services and accommodation for homeless persons. This includes not just those people who are rough sleeping, but also those otherwise at risk without a home, such as those living in hostels and B&B accommodation. A range of organisations have assisted in this process, from medical health professionals to local authorities, who have procured empty hotels and other spaces for homeless persons to self-isolate as well as acted on the government’s guidance to keep temporary accommodation open.’

Full Story

Doughty Street Chambers, 17th April 2020

Source: insights.doughtystreet.co.uk

Probability of violence and dates of actions – Nearly Legal

Posted April 21st, 2020 in appeals, domestic violence, homelessness, housing, local government, news, rent by sally

‘A second appeal on a homelessness review, where a finding of intentional homelessness had been upheld, raising an important point on whether events or factors post-dating the decision or action that led to eviction need to be considered on review.’

Full Story

Nearly Legal, 19th April 2020

Source: nearlylegal.co.uk

Vulnerability and the PSED: No arid debates. No straitjackets. No disciplinary stick – Local Government Lawyer

Posted April 20th, 2020 in appeals, disabled persons, equality, homelessness, housing, local government, news by tracey

‘The Court of Appeal has upheld the decisions of two councils where reviewing officers had considered the Public Sector Equality Duty without making clear findings as to whether the applicant in each case was disabled, and concluded that those applicants were not vulnerable. Michael Paget, Zoë Whittington, Catherine Rowlands and Rowan Clapp report.’

Full Story

Local Government Lawyer, 17th April 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal’s judgment in the case of James v Hertsmere Borough Council: What does it mean for jurisdiction of County Court? – Garden Court Chambers

‘Today [2 April] the Court of Appeal handed down judgment in James v Hertsmere Borough Council [2020] EWCA Civ 489. The judgment answered a question that has been troubling homelessness lawyers for several years now: does the County Court have jurisdiction, when hearing homelessness appeals, to consider challenges to councils’ ‘contracting-out’ processes?’

Full Story

Garden Court Chambers, 2nd April 2020

Source: www.gardencourtchambers.co.uk

Not a disciplinary stick – PSED and homeless reviews – Nearly Legal

Posted April 14th, 2020 in appeals, disabled persons, equality, homelessness, housing, local government, news by sally

‘We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in possession proceedings in Luton Community Housing v Durdana. Now, in these joined appeals, the Court of Appeal turns its attention to PSED in homeless decisions and reviews.’

Full Story

Nearly Legal, 12th April 2020

Source: nearlylegal.co.uk

Supreme Court Rejects Appeal in Serco Lock Change Evictions Case – But What Effect Has the Human Rights Challenge Already Had? – UK Human Rights Blog

‘Serco is a private company that was contracted by the UK Home Office between 2012 and 2019 to provide accommodation to asylum seekers living in Glasgow. In July 2018, Serco began to implement the “move on protocol” – a new policy of changing locks and evicting asylum seekers without a court order if they were no longer eligible for asylum support. This put around 300 asylum seekers – who had no right to work or who had no right to homeless assistance – at risk of eviction and homelessness in Glasgow without any court process.’

Full Story

UK Human Rights Blog, 8th April 2020

Source: ukhumanrightsblog.com

What a difference a PSED makes… – Nearly Legal

‘Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at the tenant’s instigation.’

Full Story

Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk