Regina (Coll) v Secretary of State for Justice [2015] EWCA Civ 328; [2015] WLR (D) 157
‘In providing approved premises for women released from prison on licence, the Secretary of State for Justice had not discriminated directly under section 13 of the Equality Act 2010 or indirectly under section 19.’
WLR Daily, 31st March 2015
Source: www.iclr.co.uk
‘A local housing authority, in carrying out its duties under the Housing Act 1996, was obliged to accommodate a homeless person in suitable accommodation within its district if it was reasonably practicable to do so. The authority was to determine the suitability of the proposed accommodation by reference to the needs of the individual homeless person and each member of her household and to its location. Where accommodation was offered outside the authority’s district, the placement was to be as close as possible to where the members of the household had previously lived. In reaching its decision, the authority was required to take account of the Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601) and the guidance issued by the Secretary of State for Communities and Local Government. It was also required, by section 11(2) of the Children Act 2004, to have regard to the need to safeguard and to promote the welfare of the children concerned.’
WLR Daily, 2nd April 2015
Source: www.iclr.co.uk
‘Can a council’s failure to carry out its responsibilities under its allocation scheme be the subject of a claim in breach of duty of care? This was the hearing of the Defendant’s application to strike out a claim on exactly that issue.’
Nearly Legal, 4th April 2015
Source: www.nearlylegal.co.uk
‘The Supreme Court has today given its reasons why it unanimously upheld a homeless mother of five’s appeal over a London borough’s offer of accommodation 50 miles away.’
Local Government Lawyer, 2nd April 2015
Source: www.localgovernmentlawyer.co.uk
‘With remarkable speed, the Supreme Court has handed down its judgement in Nzolameso v Westminster City Council , having announced immediately after the hearing on 17/3/2015 that the appeal would be allowed, with reasons to follow.’
Full story
Nearly Legal, 3rd April 2015
Source: www.nearlylegal.co.uk
‘Our post on Nzolameso v City of Westminster [2015] UKSC 22 is here, but behind the headlines of the judgment (and it is a good judgment) is a whole history, even between the Court of Appeal and Supreme Court hearings.’
Nearly Legal, 3rd April 2015
Source: www.nearlylegal.co.uk
‘A single mother of five children has won a protracted legal battle and prevented Westminster council from removing her family to Milton Keynes.’
The Guardian, 2nd April 2015
Source: www.guardian.co.uk
Self-build and Custom Housebuilding Act 2015 published
Source: www.legislation.gov.uk
‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’
Local Government Lawyer, 31st March 2015
Source: www.localgovernmentlawyer.co.uk
‘Several new types of existing buildings will be able to be converted into homes without full planning permission from 15 April under UK planning reforms that will also introduce the “deemed discharge” of certain planning conditions.’
Full story
OUT-LAW.com, 31st March 2015
Source: www.out-law.com
‘Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an award of Discretionary Housing Payments. This judicial review concerned Sandwell Council’s policy of doing just that. The implications are clearly of significance for other councils, and will potentially impact many disabled people faced with the bedroom tax.’
Nearly Legal, 30th March 2015
Source: www.nearlylegal.co.uk
‘When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same ‘seriously arguable’ summary test as an Article 8 defence, we were surprised, and very unimpressed. It seems the Supreme Court felt similarly (and unanimously), although sadly it did not help the tenant in this case.’
Nearly Legal, 29th March 2015
Source: www.nearlylegal.co.uk
‘The Royal Borough of Greenwich is to bring judicial review proceedings after the Communities Secretary earlier this month served the authority with a direction requiring it to cut publication of its weekly newspaper.’
Local Government Lawyer, 24th March 2015
Source: www.localgovernment.co.uk
‘There are new provisions requiring smoke and carbon monoxide detectors in residential properties.’
Nearly Legal, 24th March 2015
Source: www.nearlylegal.co.uk
‘R(on the application of SG and others (previously JS and others)) v Secretary of State for Work and Pensions [2015] UKSC 16. The Supreme Court was sharply divided yesterday over whether the benefit cap breaches the Human Rights Act.’
UK Human Rights Blog, 19th March 2015
Source: www.ukhumanrightsblog.com
‘The Supreme Court has unanimously upheld an appeal by a homeless mother of five over a London borough’s offer of accommodation 50 miles away near Milton Keynes.
The Court heard oral submissions in Nzolameso v City of Westminster earlier this month (17 March). It has now quashed Westminster City Council’s decision that it had properly discharged its duty to secure accommodation available for occupation by the appellant.’
Local Government Lawyer, 19th March 2015
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court, in the case of Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15, have provided some much needed and helpful clarification of the practicalities of raising and potentially defeating a defence based on discrimination on a summary basis. In the event, events overtook the appeal, and Mr Akerman-Livingstone’s appeal was dismissed, but had it not been for a suitable offer of accommodation and the superior landlord serving notice to quit on the Housing Association and requiring vacant possession from them, the result would have been different.’
Full story (PDF)
Zenith Chambers, 12th March 2015
Source: www.zenithchambers.co.uk
‘This paper is intended to provide a focused update in relation to the most significant cases within the last twelve months of interest to those practicing in the area of environmental and planning law. In relation to each of the cases, the paper sets out asummary of the pertinent facts, the key issues decided by the case, together with some reflections on the legal and practical implications of the decisions.’
Full story (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
‘The Supreme court will decide on Wednesday if a cornerstone of the coalition government’s benefits policy is unlawful.’
The Guardian, 18th March 2015
Source: www.guardian.co.uk
‘The 2015 election campaign will not be the first in which all parties will be promising to outstrip their rivals in their support for the NHS. At the Labour Party Conference last year Ed Miliband announced that a next Labour Government would introduce a tax– a so-called mansion tax – on high value homes worth more than £2million. In an article in the Hampstead and Highgate Express (October 23 2014), designed to calm jittery voters where Labour’s majority is the smallest in the country, Ed Balls stated that the tax will be charged at £250 a month on properties worth between £2 and £3 million, but above £3 million it is apparently to be charged at 1% of capital value. The revenue from the tax, it is said, will contribute to a Time to Care Fund to help the NHS. He estimates that the mansion tax alone will put £1.2 billion into the Fund.’
Full story (PDF)
Falcon Chambers, February 2015
Source: www.falcon-chambers.co.uk
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