Rough Sleeping Immigration Rule Must Be Repealed – EIN Blog

Posted April 13th, 2021 in charities, deportation, homelessness, immigration, news by sally

‘The UK government has recently, and quietly, reintroduced a scheme that works with councils and homelessness charities to obtain personal data on migrant rough sleepers that may result in their deportation.’

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EIN Blog, 12th April 2021

Source: www.ein.org.uk

Housing case law update – March 2021 – Local Government Lawyer

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

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Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

Late s.202 reviews and what gets appealed – Nearly Legal

Posted March 22nd, 2021 in appeals, homelessness, housing, local government, news, time limits by tracey

‘Ngnoguem v Milton Keynes Council (2020] EWCA Civ 396, We’ve seen this prefigured in Stanley v Welwyn Hatfield Borough Council (2020) EWCA Civ 1458 (our note), but the relevant parts of that judgment on late reviews were strictly obiter, as the court had found that there was an agreement to extend time. Now the Court of Appeal has confirmed the position.’

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Nearly Legal, 21st March 2021

Source: nearlylegal.co.uk

Fixed universal credit cuts are unlawful, high court in UK rules – The Guardian

Posted March 19th, 2021 in benefits, charities, fines, government departments, homelessness, housing, news, vagrancy by sally

‘A group of former rough sleepers who were left destitute after the Department for Work and Pensions automatically deducted a third of their universal credit allowance to pay off court fines have won a high court victory.’

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The Guardian, 18th March 2021

Source: www.theguardian.com

R(Ncube) v Brighton: “Everyone In” does exactly what it says on the tin – Nearly Legal

Posted March 17th, 2021 in asylum, benefits, homelessness, housing, local government, news by sally

‘The much-anticipated decision in R(Ncube) v Brighton and Hove City Council (2021) EWHC 578 (Admin) has arrived, confirming that in an emergency, “Everyone In” really does mean everyone. Mr Ncube was a rough sleeper and refused asylum seeker from Zimbabwe who sought accommodation from Brighton. The council found Mr Ncube ineligible for assistance because of his NRPF status, applying s.185 of the 1996 Act and the relevant secondary legislation. “NRPF” meaning someone with “no recourse to public funds” including the provision of temporary accommodation under Part VII of the Housing Act 1996 (the 1996 Act). From 30th November 2020 Mr Ncube was accommodated by the Home Office under s.4 of the Immigration and Asylum Act 1999 (the 1999 Act). Those powers state that the Secretary of State may provide accommodation where an asylum application has been refused, but there is an obstacle to the applicant returning to their country of origin.’

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Nearly Legal, 15th March 2021

Source: nearlylegal.co.uk

Repeat homelessness applications and local connection – Garden Court Chambers

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Repeat homelessness applications and local connection – Garden Court Chambers

Posted February 18th, 2021 in homelessness, housing, local government, news, statutory duty by sally

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Simple passing of time and unlawful occupation of accommodation could not amount to new fact for the purposes of new homelessness application, judge finds – Local Government Lawyer

Posted February 10th, 2021 in homelessness, housing, local government, news by sally

‘A Deputy High Court judge has dismissed a legal challenge to a council’s decision to refuse to accept a fresh homelessness application from the claimant following an alleged change in his circumstances.’

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Local Government Lawyer, 9th February 2021

Source: www.localgovernmentlawyer.co.uk

Judge rules against woman who re-entered property after locks were changed – Local Government Lawyer

Posted January 21st, 2021 in homelessness, housing, local government, news, repossession, trespass by sally

‘A woman who managed, after the locks were changed, to re-enter temporary accommodation being provided by a property firm for a council was a trespasser and had no right to stay, Chelmsford County Court has ruled.’

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Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other

‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’

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Each Other, 8th January 2021

Source: eachother.org.uk

Home Office unlawfully leaving destitute and disabled asylum-seekers homeless, High Court rules – The Independent

Posted December 15th, 2020 in asylum, disabled persons, government departments, homelessness, housing, news by tracey

‘The Home Office is leaving destitute asylum-seekers homeless in breach of the law due to its failure to monitor the operations of private firms contracted to manage asylum accommodation, the High Court has ruled. In a ruling handed down on Monday morning, Justice Robin Knowles found that the five claimants in the case – all asylum-seekers considered by the Home Office itself to be “highly vulnerable” and eligible for housing support – had been left homeless for prolonged periods.’

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The Independent, 15th December 2020

Source: www.independent.co.uk

Intervening but overcrowded accommodation – Nearly Legal

Posted December 3rd, 2020 in appeals, homelessness, housing, local government, news, Supreme Court by tracey

‘Bullale v City of Westminster Council [2020] EWCA Civ 1587. An important Court of Appeal judgment on when intervening accommodation is settled so as to end the effect of a previous finding of intentional homelessness, including a careful revision of Doka v Southwark London Borough Council [2017] H.L.R. 786 (our report here) in view of the Supreme Court’s statement when refusing permission to appeal.’

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Nearly Legal, 1st December 2020

Source: nearlylegal.co.uk

Of late reviews and multiple appeals – Nearly Legal

Posted November 16th, 2020 in appeals, homelessness, housing, news, time limits by sally

‘A second appeal on the vexed issue of s.204 appeals of late or “out of time” s.202 reviews. We’ve seen this issue come up earlier this year (and indeed before) but now the Court of Appeal has had a go at it.’

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Nearly Legal, 15th November 2020

Source: nearlylegal.co.uk

Home Office ‘failed to discuss restart of asylum evictions with local authorities’ – The Guardian

‘The Home Office did not discuss the decision to restart asylum evictions with local authorities, it has been revealed, despite concerns about the immediate impact on homelessness and heightened risks of coronavirus transmission.’

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The Guardian, 14th November 2020

Source: www.theguardian.com

Tens of thousands made homeless despite UK ban on evictions during pandemic – The Guardian

‘Tens of thousands of people have been made homeless since the start of the pandemic despite a ban on evictions, the Guardian has found, with charities warning that younger people are falling through the gaps.’

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The Guardian, 8th November 2020

Source: www.theguardian.com

New Brexit law will allow vulnerable EU citizens to apply late to stay in UK – The Guardian

‘The government is to fast-track legislation it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

Tell me why – ‘Minded to’ letters and reasons – Nearly Legal

Posted October 12th, 2020 in appeals, homelessness, housing, local government, news, notification by sally

‘This was a section 204 Housing Act 1996 appeal following Lambeth’s review decision that Ms S had made herself intentionally homeless. This was the trial of a preliminary issue concerning Lambeth’s “minded to” decision letter sent during the course of the review.’

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Nearly Legal, 11th October 2020

Source: nearlylegal.co.uk

High Court judge quashes s.17 Children Act assessment made by council – Local Government Lawyer

Posted September 25th, 2020 in children, families, homelessness, housing, judicial review, local government, London, news by sally

‘A judge has strongly criticised a London borough over its handling of the assessment of a family’s accommodation needs.’

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Local Government Lawyer, 24th September 2020

Source: www.localgovernmentlawyer.co.uk

Homelessness application: Interim relief, suitability and housing benefit – Local Government Lawyer

Posted September 11th, 2020 in benefits, homelessness, housing, judicial review, local government, news by tracey

‘Clare Cullen considers a recent High Court decision to adjourn a case considering the suitability of interim accommodation where further information was required.’

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Local Government Lawyer, 11th September 2020

Source: www.localgovernmentlawyer.co.uk

Disabled homeless man wins ‘no DSS’ case against estate agency – The Guardian

‘A homeless father of four with disabilities who was refused the chance to rent a private flat because he fell foul of the estate agents’ “no DSS” rules was unlawfully discriminated against, a court has ruled.’

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The Guardian, 9th September 2020

Source: www.theguardian.com