London borough defeats appeal over licence and secure tenancy – Local Government Lawyer

Posted April 26th, 2019 in appeals, children, homelessness, housing, landlord & tenant, local government, news by sally

‘The London Borough of Barnet has defeated an appeal over whether a woman found to be intentionally homeless but who continued to be housed under the Children Act 1989 had security of tenure.’

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Local Government Lawyer, 26th April 2019

Source: www.localgovernmentlawyer.co.uk

I’m still at a loss’: Windrush victims who were forced into homelessness and debt due to scandal still living in anguish and destitution a year on – The Independent

‘On 16 April 2018, Amber Rudd – then home secretary – stood up in the House of Commons to formally acknowledge the Windrush scandal for the first time. The treatment of immigrants by her department’s “hostile environment” was appalling, she said, vowing to deal with cases within two weeks and put things right. But exactly one year later, the suffering goes on. Many are yet to receive a response to their application to the taskforce, leaving them in a “state of limbo” with little or no information about how their case is progressing.’

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The Independent, 16th April 2019

Source: www.independent.co.uk

Two-thirds of councils say they can’t afford to comply with homelessness law – The Guardian

Posted April 10th, 2019 in benefits, budgets, homelessness, housing, local government, news, statistics by sally

‘The Homelessness Reduction Act, in operation for the past 12 months, is potentially the greatest piece of homelessness legislation for 40 years in England, according to Southwark council in south London. The Labour-run council pioneered the government’s new flagship act, and is upbeat about it. While homelessness went up in the borough last year, as it did across London, the rise was less steep than expected: 8.6% for families placed in temporary accommodation and a similarly small increase for rough sleepers. At the same time, there was also a 50% increase in the number of people the council helped to stay in their home. “It shows the act works,” says the council’s cabinet member for housing, Stephanie Cryan.’

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The Guardian, 10th April 2019

Source: www.theguardian.com

Ending duties after the HRA – Nearly Legal

‘This is a settled judicial review, I’ve seen the grounds, interim order and final consent order. It raises a number of issues about the performance of the new Housing Act 1996 Part VII duties as amended by the Homelessness Reduction Act 2017.’

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Nearly Legal, 7th April 2019

Source: nearlylegal.co.uk

Council wins Court of Appeal battle over moving homeless applicant – Local Government Lawyer

Posted March 28th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Someone who does not appeal against a local authority review decision that it has discharged its duty towards them as being homeless cannot later challenge that decision in a subsequent application, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th March 2019

Source: www.localgovernmentlawyer.co.uk

DWP defeats public sector equality duty challenge over method of communication with homeless man – Local Government Lawyer

‘The Department for Work & Pensions has successfully defended a High Court challenge brought by a homeless man who claimed that its approach to communication was in breach of its duties under the public sector equality duty.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

How many reviews? – Nearly Legal

Posted February 15th, 2019 in electricity, homelessness, housing, landlord & tenant, local government, news by sally

‘In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews (especially following the 2017 Act). He also came to the wrong result imho – I wonder if there is an appeal, even if it becomes academic (which it might). Ms B was offered accommodation and sought a review. It was one of those ones where affordability is raised, but, given that one doesn’t know what the bills are going to be for the property at the outset, the reviewer and applicant make approximations. The review went against her, albeit on marginal grounds (and there are various consequential proceedings from that first review and appeal). For the purposes of this application for JR, however, what happened was that Ms B’s actual electricity bill arrived and it was more per week than had originally been estimated. She sought a further review, to which Redbridge did not respond, and which, ultimately, led to these proceedings as Redbridge did not conduct that further review.’

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Nearly Legal, 15th February 2019

Source: nearlylegal.co.uk

Jurisdiction: s. 204 appeals – Nearly Legal

‘Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable it to get there.’

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Nearly Legal, 12th February 2019

Source: nearlylegal.co.uk

Single mother takes government to court after being forced into homelessness due to housing benefit shortfall – The Independent

Posted January 31st, 2019 in benefits, homelessness, housing, local government, news, Supreme Court by tracey

‘A single mother of four who was was forced into homelessness due to a shortfall in housing benefit is to challenge the government in Britain’s highest court.’

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The Independent, 31st January 2019

Source: www.independent.co.uk

Relevance and homelessness – Nearly Legal

Posted January 23rd, 2019 in homelessness, housing, local government, news by sally

‘Safi v Sandwell BC (2018) EWCA Civ 2876 can be regarded as a footnote of some significance in the factors which are relevant in determining whether a household is homeless for the purposes of s. 175, Housing Act 1996. (And, as a footnote to that footnote, a point for the cognoscenti of review processes: it is interesting that Sandwell has a review panel (whether officer or councillor-led is not clear from the report), which appears to work by way of meetings; such panels, which were frequently constituted prior to and just after the 1996 Act, are rare these days, reviews being conducted commonly by a single officer.)’

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Nearly Legal, 21st January 2019

Source: nearlylegal.co.uk

Legal Aid Agency faces High Court showdown over protection orders – Law Society’s Gazette

Posted January 17th, 2019 in homelessness, legal aid, local government, news, proportionality, public order by tracey

‘The Legal Aid Agency will have to gear up for another High Court showdown after a civil liberties group was granted permission to challenge the lack of public funding to help homeless people targeted by protection orders aimed at tackling anti-social behaviour.’

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Law Society's Gazette, 16th January 2019

Source: www.lawgazette.co.uk

Homeless family ‘can’t use £500,000 trust fund’ – BBC News

‘A woman awarded £500,000 after being left with severe physical and mental disabilities is homeless after her mother was barred from buying them a home with the money.’

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BBC News, 14th January 2018

Source: www.bbc.co.uk

Court of Appeal rules against council over decision resident was not homeless – Local Government Lawyer

Posted January 11th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Sandwell Borough Council acted wrongly when it considered an application for a local resident to be treated as homeless, the Court of Appeal has ruled.’

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Local Government Lawyer, 10th January 2019

Source: www.localgovernmentlawyer.co.uk

London boroughs win out-of-borough housing claim at CoA – Local Government Lawyer

Posted December 12th, 2018 in homelessness, housing, local government, news by sally

‘Two London boroughs have won in the Court of Appeal over challenges to their policies on out-of-borough accommodation placements for homeless people.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Ombudsman criticises council for housing 17 year old on campsite – Local Government Lawyer

Posted October 31st, 2018 in homelessness, housing, local government, news, ombudsmen, young persons by sally

‘Cornwall Council has admitted that accommodating a homeless youth on a campsite “went on for too long”, after criticism from the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 31st October 2018

Source: www.localgovernmentlawyer.co.uk

Legal Aid Agency taken to court for refusing to help rough sleepers – The Guardian

‘A human rights organisation is taking the national provider of legal aid to court because it is refusing to help rough sleepers challenge councils over the use of potentially unlawful powers to move them on.’

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The Guardian, 23rd October 2018

Source: www.theguardian.com

Woman homeless after terrorism offences loses High Court challenge over housing – Local Government Lawyer

Posted October 12th, 2018 in homelessness, housing, human rights, local government, news, terrorism by sally

‘A woman who had become homeless while imprisoned for terrorism offences did not have her human rights breached by the London Borough of Brent in its decisions on housing her and her children, the High Court has ruled.’

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Local Government Lawyer, 11th October 2018

Source: www.localgovernmentlawyer.co.uk

Man deemed security threat over tax error faces homelessness – The Guardian

Posted September 28th, 2018 in homelessness, Immigration Advisory Service, news, taxation by tracey

‘The family of an engineer who trained Ministry of Defence engineers is being made homeless because the Home Office has still not completed a review of a controversial immigration policy it promised to report on by July.’

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The Guardian, 27th September 2018

Source: www.theguardian.com

No-fault evictions making hundreds of families homeless each week – The Guardian

Posted August 21st, 2018 in homelessness, landlord & tenant, news, rent, repossession by sally

‘Hundreds of families are being made homeless every week in “no-fault” evictions by landlords keen to cash in on rising property prices or put the rent up.’

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The Guardian, 18th August 2018

Source: www.theguardian.com

Equality Act and ‘reasonable to remain’ – Nearly Legal

Posted August 10th, 2018 in disabled persons, equality, homelessness, housing, local government, news by sally

‘Ms L “suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of the day. She requires 24-hour care, including intimate care which for the time being is provided by her former partner.” She had the tenancy of a housing association property – a two bedroomed bungalow in sheltered accommodation, which was adapted for her needs.’

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Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk