Suitability, reports in Family proceedings, and termination of existing accommodation – Nearly Legal

‘Querino v Cambridge City Council (Rev1) (2024) EWCA Civ 314. This was a second appeal to the court of appeal from a s.204 appeal of a decision on suitability of accommodation offered to Mr Querino in discharge of homeless duty.’

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Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Homelessness eligibility and the Withdrawal Agreement – two (contradictory) appeals – Nearly Legal

‘C v Oldham Council: Hynek v LB Islington. Central London County Court 24 May 2024. These are two s.204 appeals which address the effect of the Withdrawal Agreement (The Agreement of the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union,) on eligibility for housing assistance/homeless duties.’

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Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Judge hands down ruling on effect of withdrawal agreement on homeless applicants who are former EU nationals – Local Government Lawyer

Posted June 5th, 2024 in brexit, homelessness, housing, immigration, local government, news by sally

‘A Slovakian national has won a case against the London Borough of Islington over whether his status under agreements between the UK and the European Union entitled him to homelessness support.’

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Local Government Lawyer, 5th June 2024

Source: www.localgovernmentlawyer.co.uk

Ministers to amend Criminal Justice Bill in bid to address concerns over ‘nuisance rough sleeping’ provisions – Local Government Lawyer

Posted May 16th, 2024 in amendments, bills, criminal justice, homelessness, news, nuisance, repeals, vagrancy by sally

‘The Government has tabled amendments to the Criminal Justice Bill tightening the definition of ‘nuisance rough sleeping’ after MPs expressed concerns about the breadth of the legislation’s provisions.’

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Local Government Lawyer, 15th May 2024

Source: www.localgovernmentlawyer.co.uk

Homelessness and human rights – Law Society’s Gazette

‘What is the correct approach to determining the suitability of accommodation when the applicant’s circumstances engage rights under the European Convention on Human Rights (ECHR)? This is an issue of general public importance affecting local authorities discharging homelessness duties under Part VII of the Housing Act 1996. Who says? Andrews LJ, when she directed that an appeal from Mr Rabah Ghaoui should proceed to a hearing.’

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Law Society's Gazette, 14th May 2024

Source: www.lawgazette.co.uk

Decisions, decisions (and not automatic ones) – Ending the main housing duty – Nearly Legal

‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’

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Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk

Navigating housing rights, education and religious freedom: Ghaoui – Law & Religion UK

‘In Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405, Mr Ghaoui, his wife and two young children lived in the London Borough of Waltham Forest. They were rendered homeless in April 2019 and Mr Ghaoui applied to the local authority for assistance with accommodation. In September 2019, he sent his older child to a fee-paying Muslim nursery in Waltham Forest [2]. The family was evicted in March 2020 and Waltham Forest LBC provided temporary accommodation in the Harlow area, some 20 miles from their previous address, which made it harder for the parents to get to work in London and for the child to go to the nursery [3]. In early September 2022, the younger child entered the same nursery [5]. Mr Ghaoui argued that in offering them accommodation 20 miles from the school, Waltham Forest was “not considering their rights”, while Waltham Forest explained at some length that it was not under any legal duty to provide accommodation that allowed the children to attend a specific religious school: in short, it was not a housing “need” [6]. The point at issue was whether or not the local authority was, in fact, under any such obligation.’

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Law & Religion UK, 1st May 2024

Source: lawandreligionuk.com

High Court grants interim relief to vulnerable refugee faced with imminent homelessness by local authority – Garden Court Chambers

Posted April 25th, 2024 in asylum, chambers articles, homelessness, local government, news, refugees by sally

‘Recent findings from London Councils reveal a concerning 39% increase in homelessness presentations among refugees and asylum seekers evicted from Home Office accommodation last year, with numbers continuing to rise.’

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Garden Court Chambers, 12th April 2024

Source: www.gardencourtchambers.co.uk

Suitability, disability discrimination and dogs – temporary accommodation – Nearly Legal

‘AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin). This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster’s policy of sourcing temporary accommodation, which was claimed to indirectly discriminate against disabled people.’

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Nearly Legal, 17th March 2024

Source: nearlylegal.co.uk

Out of borough accommodation and the homelessness relief duty – raising issues on review – Nearly Legal

Posted February 26th, 2024 in appeals, homelessness, housing, local government, news by tracey

‘Moge v London Borough of Ealing (2023) EWCA Civ 464. A second appeal to the Court of Appeal from a s.204 appeal. Ms Moge was owed the section 189B Housing Act 1996 relief duty as homeless by LB Ealing. Ealing made an offer of a 24 month private tenancy in Hounslow, a neighbouring borough, in discharge of that duty. Ms M did not accept that offer within 7 days. Ealing then decided that she had refused the offer, that its relief duty was ended and, further, it did not owe the full housing duty under section 193.’

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Nearly Legal, 25th February 2024

Source: nearlylegal.co.uk

High Court rejects judicial review over adequacy of accommodation, policy on permitting animals – Local Government Lawyer

Posted February 15th, 2024 in animals, homelessness, housing, judicial review, local government, news by sally

‘A vulnerable man and woman who needed to be housed with their dog have lost a case in the High Court, with a deputy judge telling them judicial review had been an inappropriate route for much of the case.’

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Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

Intentional homelessness from a half way house – Nearly Legal

Posted February 12th, 2024 in appeals, drug abuse, homelessness, housing, local government, news by tracey

‘Kyle v Coventry City Council (2023) EWCA Civ 1360. Mr K was homeless and addicted to class A drugs. During the relevant period for this second appeal, he was on a methadone treatment prescription. He had applied to Coventry as homeless. He had been given s.188 Housing Act 1996 accommodation in hostel supported accommodation (a “halfway house”).’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

A lack of candour over a lack of discretion – Nearly Legal

Posted February 12th, 2024 in homelessness, housing, judicial review, local government, news, pre-action conduct by tracey

‘Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin). A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the date of her homeless application. Lambeth denied that it had any discretion to do so under its allocation policy.’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

High Court judge allows appellant in housing case to substitute council as respondent after naming wrong authority – Local Government Lawyer

Posted February 8th, 2024 in amendments, appeals, civil procedure rules, homelessness, housing, mistake, news, pleadings by sally

‘A woman has been allowed by the High Court to amend her statutory housing appeal application after she named the wrong council on the original.’

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Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon – Oxford Human Rights Hub

‘In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the Court arguably made the right to be provided with housing (in the form of suitable accommodation) a justiciable right for certain categories of homeless persons.’

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Oxford Human Rights Hub, 23rd January 2024

Source: ohrh.law.ox.ac.uk

Housing and Children Act – homeless 17 year olds – Nearly Legal

Posted January 15th, 2024 in children, duty of care, families, homelessness, housing, local government, news by tracey

‘A couple of brief notes on two judicial reviews on housing, the Children Act 1989 and “looked-after children”.’

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Nearly Legal, 14th January 2024

Source: nearlylegal.co.uk

How to lift the No Recourse to Public Funds condition – EIN Blog

‘The “No Recourse to Public Funds” Condition is imposed on grant of limited leave to remain which in effect means that the person holding that leave cannot obtain public funds. However, it is possible to ask the Home Office to lift the condition and there are special criteria to be met.’

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EIN Blog, 2nd January 2024

Source: www.ein.org.uk

Deficient enquiries and accommodation pending review – Nearly Legal

Posted December 19th, 2023 in homelessness, housing, judicial review, local government, news by tracey

‘Saint Sepulchre, R (On the Application Of) v Royal Borough of Kensington & Chelsea (2023) EWHC 2913 (Admin). A judicial review of RBKC’s refusal to provide temporary accommodation pending section 202 review of the decision that Mr S was not homeless.’

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Nearly Legal, 17th December 2023

Source: nearlylegal.co.uk

Deputy High Court judge orders London borough to provide accommodation pending completion of review of homelessness decision – Local Government Lawyer

Posted November 30th, 2023 in homelessness, housing, judicial review, local government, mental health, news by sally

‘The Royal Borough of Kensington & Chelsea acted unfairly in rejecting a request for accommodation by a man with mental health problems pending the outcome of his statutory review request of the defendant council’s earlier decision that he was not homeless, the High Court has found.’

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Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

Homelessness – Local Government Law

Posted November 29th, 2023 in appeals, homelessness, housing, local government, news, statutory duty, Supreme Court by sally

‘The central issue before the Supreme Court is R (Imam) v London Borough of Croydon (2023) UKSC 45, in which Judgment was given on 28 November 2023, was whether, and, if so, in what way, a local authority’s lack of financial or other resources should be taken into consideration when a Court is deciding whether to grant a Mandatory Order against the authority in order to enforce its undoubted statutory duty (paragraph 37) towards a homeless individual under Section 193(2) of the Housing Act 1996.’

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Local Government Law, 29th November 2023

Source: local-government-law.11kbw.com