Right to be Forgotten? – Nearly Legal

Posted September 20th, 2016 in appeals, causation, homelessness, housing, news by tracey

‘When does temporary accommodation become settled so as to break the chain of causation of intentional homelessness? The appeal in Huda v LB Redbridge [2016] EWCA Civ 709 concerned a homeless applicant and his family, who were effectively forgotten about by the council following a final decision on their application.’

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Nearly Legal, 18th September 2016

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

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Housing applicant wins challenge after accepting offer ‘under protest’ – Local Government Lawyer

Posted September 13th, 2016 in homelessness, housing, local government, news by sally

‘The London Borough of Brent was perverse to characterise acceptance while seeking review as refusal in a homelessness case.’

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Local Government Lawyer, 13th September 2016

Source: www.localgovernmentlawyer.co.uk

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A compendium of vulnerability cases – Nearly Legal

‘Following on from our post on Mohammed v Southwark LBC, here are notes on a further three appeals to the County Court under section 204 Housing Act 1996, all related to decisions on priority need (or lack of it) through vulnerability.’

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Nearly Legal, 12th September 2016

Source: www.nearlylegal.co.uk

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Homeless young offenders’ housing criticised by report – BBC News

Posted September 7th, 2016 in children, homelessness, housing, local government, news, reports, young offenders by sally

‘A third of homeless 16 and 17-year-old offenders in England and Wales are being placed in unsafe or unsuitable accommodation, a report has found.’

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BBC News, 7th September 2016

Source: www.bbc.co.uk

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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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