What’s the Din? The Supremes’ Cut – Nearly Legal

Posted May 22nd, 2015 in homelessness, housing, news, Supreme Court by sally

‘Haile v Waltham Forest LBC [2015] UKSC 34 is the second of the triptych of cases which are before the UKSC (We have yet to have the outcome of the third one, the eligibility appeals in Samin/Mirga). The first, Johnson/Hotak/Kanu, as NL wrote, is particularly significant because of its reworking of the vulnerability test, overwriting encrusted CA decisions. Haile, on the other hand, attempts to steer a line between accepting the jurisprudence on intentionality but distinguishing it on a narrow basis (Lord Reed, with whom Lord Neuberger, Lady Hale and Lord Clarke agreed – Lord Neuberger, in the majority, doing so with hesitation, at [79]; Lord Carnwath dissenting). Johnson/Hotak/Kanu will involve reworking vulnerability decisions and will undoubtedly provoke further litigation on the SC test. In theory, at least, Haile should not involve any great difference or require reworking; but, as I will try to explain, its consequences may well reverberate just as much as Johnson et al. Indeed, despite the best intentions of the majority, I think further litigation is almost inevitably the outcome.’

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Nearly Legal, 21st May 2015

Source: www.nearlylegal.co.uk

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Supreme Court upholds challenge to council decision on intentional homelessness – Local Government Lawyer

Posted May 21st, 2015 in appeals, homelessness, local government, news, Supreme Court by sally

‘Local authorities have been advised to review urgently their intentional homelessness decision making after the Supreme Court – by a 4-1 majority – today upheld an appellant’s challenge.’

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Local Government Lawyer, 21st May 2015

Source: www.localgovernmentlawyer.co.uk

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The London borough that has turned homeless people into ‘criminals – The Independent

Posted May 21st, 2015 in ASBOs, crime, fines, homelessness, local government, London, news by sally

‘Homeless people face being criminalised in a east London borough due to a ban on anti-social behaviour, a charity has warned.’

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The Independent, 21st May 2015

Source: www.independent.co.uk

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Judgment prompts review of thousands of housing cases – Law Society’s Gazette

Posted May 20th, 2015 in homelessness, housing, local government, news, statutory duty by sally

‘Local authority housing lawyers will potentially have to review thousands of applications for accommodation after the Supreme Court widened the scope of vulnerable applicants who are considered homeless.’

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Law Society’s Gazette, 18th May 2015

Source: www.lawgazette.co.uk

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Family reunited after housing battle led to homelessness and separation – The Guardian

Posted May 20th, 2015 in benefits, budgets, homelessness, housing, news by sally

‘Titina Nzolameso on her successful fight to be rehoused after the benefits cap left her homeless and her children being taken into care, and the impact this could have on similar cases.’

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The Guardian, 20th May 2015

Source: www.guardian.co.uk

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Vulnerability – a fresh start – Nearly Legal

Posted May 14th, 2015 in appeals, equality, homelessness, local government, news, Supreme Court by tracey

‘The thing about the Supreme Court is that all those years of accrued, encrusted High Court and Court of Appeal case law just don’t matter. If the Supreme Court thinks otherwise, they are so much chaff. And so, to some extent, it proved to be in these joined appeals, where the issue was the meaning of vulnerability in s.189(1)(c) Housing Act 1996.’

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Nearly Legal, 13th May 2015

Source: www.nearlylegal.co.uk

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Supreme Court overturns key test on homeless people and vulnerability – Local Government Lawyer

Posted May 14th, 2015 in appeals, homelessness, local government, news, Supreme Court by tracey

‘The Supreme Court has today issued a landmark ruling in three linked appeals over when homeless people are to be considered “vulnerable” under the Housing Act 1996 and therefore in priority need.’

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Local Government Lawyer, 13th May 2015

Source: www.localgovernmentlawyer.co.uk

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From ‘pillar to post’ – Nearly Legal

‘In a judgment of undisguised anger, Cobb J described the conduct of LB Tower Hamlets and LB Havering as “shameful” in the way in which they treated AM and his family. I haven’t come across Cobb J before but his judgment in AM v Tower Hamlets LBC and Havering LBC [2015] EWHC 1004 (Admin) is just about as good a judgment as I’ve read in a long time. The question was which authority should have “picked up” AM and his household, with children who were almost certainly in need under s.17, Children Act 1989.’

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Nearly Legal, 17th April 2015

Source: www.nearlylegal.co.uk

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Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) – WLR Daily

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) [2015] UKSC 22; [2015] WLR (D) 165

‘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

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On the Road Again – Nearly Legal

‘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.’

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Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

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Care orders and accommodation pending appeal – Nearly Legal

Posted April 7th, 2015 in appeals, care orders, homelessness, housing, news, Supreme Court by sally

‘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.’

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Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

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Tenant wins battle to stop Westminster council moving her out of London – The Guardian

Posted April 7th, 2015 in appeals, homelessness, housing, local government, news, Supreme Court by sally

‘A single mother of five children has won a protracted legal battle and prevented Westminster council from removing her family to Milton Keynes.’

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The Guardian, 2nd April 2015

Source: www.guardian.co.uk

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Supreme Court quashes council decision over offer of housing 50 miles away – Local government Lawyer

Posted March 20th, 2015 in appeals, benefits, homelessness, housing, local government, news, Supreme Court by tracey

‘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.’

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Local Government Lawyer, 19th March 2015

Source: www.localgovernmentlawyer.co.uk

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Supreme court to decide whether UK benefits cap is unlawful – The Guardian

‘The Supreme court will decide on Wednesday if a cornerstone of the coalition government’s benefits policy is unlawful.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

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Legal aid, young people and the review that never happened – LegalVoice

‘The Ministry of Justice has in the last few weeks quietly backed down on the promise of a full review on the effects of legal aid cuts on children and young people.’

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LegalVoice, 10th March 2015

Source: www.legalvoice.org.uk

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Hundreds of convicted sex offenders are missing, new figures show – The Guardian

Posted March 10th, 2015 in freedom of information, homelessness, news, police, sexual offences, statistics by tracey

‘A total of 396 registered sex offenders – who are supposed to be monitored by police and inform authorities if they change address – are missing across the UK, with some out of contact with police for more than a decade, according to freedom of information responses to the Press Association.’

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The Guardian, 10th March 2015

Source: www.guardian.co.uk

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Expectations are not existing facts – Nearly Legal

‘Enfield LBC v Najim (2015) CA (Civ Div) 04/03/2015. This was Enfield’s appeal from a s.204 appeal quashing Enfield’s decision and review decision that Ms N was intentionally homeless.’

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Nearly Legal, 5th March 2015

Source: www.nearlylegal.co.uk/blog/

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Blow for MoJ as regulations on judicial review and legal aid ruled unlawful – Local Government Lawyer

‘The Government’s introduction through regulations of a “no permission, no fee” arrangement for making a legally aided application for judicial review was unlawful, the Divisional Court has ruled.’

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Local Government Lawyer, 4th March 2015

Source: www.localgovernmentlawyer.co.uk

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The judicial review of regulations on funding judicial review – NearlyLegal

‘The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the Lord Chancellor lost, but no remedy decided yet. (Disclaimer, I submitted a witness statement in support of the Claimants in this case, on the impact on homeless judicial reviews in particular. So you are warned of any possible partiality.)’

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NearlyLegal, 3rd March 2015

Source: www.nearlylegal.co.uk

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Southwark gatekeeping: All of the wrong – NearlyLegal

Posted February 23rd, 2015 in homelessness, housing, judicial review, local government, news, public interest by sally

‘Courtesy of Hansen Palomares Solicitors comes news of this settled Judicial Review of LB Southwark’s gatekeeping practices on homeless applications. It appears, to put it mildly, that Southwark have had a range of what should have been obviously unlawful policies on homeless applications, and even put them into leaflets and their website.’

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NearlyLegal, 22nd February 2015

Source: www.nearlylegal.co.uk

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