What do points mean? (No prizes) – Nearly Legal

Posted August 30th, 2016 in children, homelessness, housing, interpretation, local government, news by sally

‘Another allocation judicial review, related, but perhaps distinct from the line of ‘reasonable preference’ cases we have previously seen. The issue, in part, Islington’s use of a ‘points threshold’ for allowing bidding for properties, though not for qualification to the register.’

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Nearly Legal, 29th August 2016

Source: www.nearlylegal.co.uk

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Vulnerability after Hotak/Johnson/Kanu – Nearly Legal

Posted August 23rd, 2016 in appeals, homelessness, housing, mental health, news, Supreme Court by sally

‘Mr M had applied to Southwark as homeless. He provided a GP’s letter stating that he suffered from depression, was prescribed anti-depressants and was awaiting therapy. Soon after, Mr M’s brother was murdered and he was badly affected by this.’

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Nearly Legal, 22nd August 2016

Source: www.nearlylegal.co.uk

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Two jailed for murder of homeless Salford man – The Guardian

‘Two men have been jailed for the murder of a 23-year-old homeless man in Greater Manchester who was attacked and then set on fire in a tent.’

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The Guardian, 11th August 2016

Source: www.guardian.co.uk

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Housing needs and household members – Nearly Legal

‘This was a judicial review of a decision by Luton Council Housing Appeals and Review Panel not to offer Mr Jones a tenancy of the property of which Mr J’s late father was the tenant, but instead offer a one bed property.’

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Nearly Legal, 7th August 2016

Source: www.nearlylegal.co.uk

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Facing the Facts – Nearly Legal

Posted July 25th, 2016 in homelessness, housing, local government, mental health, news, suicide by sally

‘R (on the application of Hoyte) v London Borough of Southwark [2016] EWHC 1665 Admin is a useful decision of the High Court on the subject of repeat homelessness applications.’

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Nearly Legal, 25th July 2016

Source: www.nearlylegal.co.uk

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Council “unreasonable” for refusing to accept third application for assistance – Local Government Lawyer

Posted July 15th, 2016 in homelessness, housing, local government, mental health, news by tracey

‘The London Borough of Southwark acted unlawfully when it had refused to accept a third application for homelessness assistance from applicant “JH”, the administrative court has found.’

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Local Government Lawyer, 13th July 2016

Source: www.localgovernmentlawyer.co.uk

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Father loses right to care for baby son after social services raise alarm over his ‘risky’ use of apps ‘for the purposes of sexual intercourse’ – Daily Telegraph

‘A 29-year-old unemployed man who wanted to care for his baby son has lost a family court fight after social workers complained about him meeting women online for sex.’

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Daily Telegraph, 5th July 2016

Source: www.telegraph.co.uk

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Former housing officer at city council jailed for three years for fraud – Local Government Lawyer

Posted June 28th, 2016 in fraud, homelessness, housing, local government, news, sentencing by sally

‘A former senior housing needs officer at Birmingham City Council has been jailed for three years for fraud.’

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Local Government Lawyer, 27th June 2016

Source: www.localgovernmentlawyer.co.uk

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Gatekeeping special – Nearly Legal

Posted June 6th, 2016 in homelessness, local government, news by sally

‘This has been quite a week for issues about Local Authorities gatekeeping homeless applications coming to the fore. This post addresses practices and policies of three councils. Eastbourne BC, LB Haringey and Bournemouth BC.’

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Nearly Legal, 5th June 2016

Source: www.nearlylegal.co.uk

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Got needs that need assessing – Nearly Legal

‘Smajlaj, R (on the application of) v London Borough of Waltham Forest [2016] EWHC 1240 (Admin). What is the extent of the duty under section 192 Housing Act 1996? This duty, owed to those who are homeless and eligible, not intentionally homeless, but not in priority need, has tended to amount to little more than the Local Authority handing over a leaflet and/or list of letting agents. But this judicial review, unusually, involves a consideration of fulfilment of the duty.’

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Nearly Legal, 29th May 2016

Source: www.nearlylegal.co.uk

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Questions and Answers – Nearly Legal

‘A judicial review of a decision on a s.17 Children Act 1989 assessment of a homeless, non-eligible family. The issues were the extent of investigations required, and legitimate conclusions to be drawn from a lack of information provided.’

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Nearly Legal, 8th May 2016

Source: www.nearlylegal.co.uk

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High Court ruling on teenager who refused to live with her family ‘because they were not strict enough Muslims’ – Daily Telegraph

Posted March 17th, 2016 in children, families, homelessness, Islam, local government, news, young persons by tracey

‘A teenager who did not want to live with her family because “they were not strict enough Muslims” after being returned from the Syrian border, should have been provided with accommodation and support by the local authority, the High Court has said.’

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Daily Telegraph, 16th March 2016

Source: www.telegraph.co.uk

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Scenes from a disaster – Nearly Legal

Posted March 1st, 2016 in homelessness, housing, local government, news, select committees by sally

‘The Commons Communities and Local Government Select Committee has begun an enquiry into homelessness. The written submissions from Councils, charities, campaigners, professional organisations and others are a stark illustration of a homeless system that is, at least in some areas, in complete crisis – overwhelmed, unable to cope with rapidly rising demand, let alone provide suitable accommodation.’

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Nearly Legal, 29th February 2016

Source: www.nearlylegal.co.uk

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Is a mere roof enough? – Nearly Legal

‘An application for interim relief in a judicial review of Lambeth’s refusal to provide interim accommodation pending review of the claimant’s homeless application, but one that leaves me thinking (or perhaps hoping) that there must have been more to this than appears in the Lawtel note.’

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Nearly Legal, 24th February 2016

Source: www.nearlylegal.co.uk

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Failing on systematic failings – Nearly Legal

Posted February 15th, 2016 in homelessness, housing, judicial review, local government, news, statutory duty by sally

‘This was a quite extraordinary judicial review (or rather four joined judicial review claims with another 16 cases put in evidence in support) in which what was in the end at stake was not any remedy for the individual claimants – it was agreed that their individual issues had been remedied and the claims were academic on that basis – but whether there were systemic failings in Birmingham’s handling of homeless applications such that Birmingham:

generally, discourage and divert applications so that individuals are denied their statutory rights to have their situation properly inquired into and be given interim accommodation whilst those inquiries are being made.’

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Nearly Legal, 14th February 2016

Source: www.nearlylegal.co.uk

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Discretion, lip service and s188(3) – Nearly Legal

Posted December 21st, 2015 in homelessness, housing, judicial review, local government, news by sally

‘We’re very late with this one for reasons which are no doubt entirely reasonable, but currently escape me. A judicial review of a refusal (or repeated refusal) to provide interim accommodation pending s.202 review.’

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Nearly Legal, 19th December 2015

Source: www.nearlylegal.co.uk

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Samuels v Birmingham City Council – WLR Daily

Posted November 13th, 2015 in benefits, homelessness, housing, law reports, remuneration by tracey

Samuels v Birmingham City Council: [2015] EWCA Civ 1051; [2015] WLR (D) 435

‘For the purposes of a person’s application for housing assistance as a homeless person, where a local authority was determining whether that person’s previous accommodation was affordable for that person and therefore whether it would be, or would have been, reasonable for that person to continue to occupy that accommodation, the local authority was to take into account all forms of the person’s income, including social security benefits of all kinds, and of relevant expenses, so that a judgment was to be made on the basis of income and relevant expenses as a whole. Benefits income, including income support, child tax credits and child benefit, was not to have any special status or treatment in that exercise or to be excluded from income which could be taken into account as income which could assist with housing costs.’

WLR Daily, 27th October 2015

Source: www.iclr.co.uk

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Violent offenders: Fears over management after release – BBC News

‘Is the system in place to manage dangerous offenders when they are released from prison keeping people safe?’

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BBC News, 25th October 2015

Source: www.bbc.co.uk

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New fast-track eviction powers could breach human rights, warns watchdog – The Guardian

‘Government proposals to legally require landlords to check the immigration status of their tenants risk a serious breach of human rights, an official watchdog has warned.’

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The Guardian, 12th October 2015

Source: www.guardian.co.uk

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Listen very carefully, I shall do this only once – Nearly Legal

‘The Claimant in R (on the application of Brooks) v LB Islington [2015] EWHC 2657 (Admin) was the mother of 3 children, who applied to the local authority as homeless following her eviction from a housing association property for rent arrears on 24/3/2015. Sadly, Ms B’s adult, terminally ill, son died two days after the offer of interim accommodation that was the subject of this judicial review.’

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Nearly Legal, 27th September 2015

Source: www.nearlylegal.co.uk

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