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.’

Full Story

Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

R (Sambotin) v Brent LBC – Arden Chambers

Posted August 9th, 2018 in disabled persons, homelessness, housing, judicial review, news, statutory duty by sally

‘The Court of Appeal has dismissed an appeal by a local authority in which they had sought to withdraw a concluded decision as to what duty was owed to a homeless person; such a decision could only be withdrawn in cases of fraud or fundamental mistake of fact, neither of which were present.’

Full Story

Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

Kamara v Southwark LBC; Leach v St Albans City & District Council; Piper v South Bucks DC – Arden Chambers

Posted August 7th, 2018 in homelessness, housing, local government, news by sally

‘The Court of Appeal has held that reg.8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999/71, does not require a local housing authority to specify in a “minded-to” letter that an applicant may make representations to the reviewer orally at a face-to-face meeting.’

Full Story

Arden Chambers, 12th July 2018

Source: www.ardenchambers.com

Facing up to it – Nearly Legal

‘Kamara v London Borough Of Southwark (2018) EWCA Civ 1616. In Makisi & Ors v Birmingham City Council (2011) EWCA Civ 355 (our report), the Court of Appeal decided that the right to make ‘oral submissions’ in response to a ‘minded to’ letter under 8(2) of the 1999 Review Procedures Regulations meant a right to request ‘face to face’ advocacy in making representations. In these three joined appeals, the sole issue was whether this meant that the ‘minded to’ to letter had to specify the right to a face to face meeting for representations.’

Full Story

Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

A question of authority – settled accommodation – Nearly Legal

Posted July 12th, 2018 in homelessness, housing, local government, news, Supreme Court by sally

‘Doka v Southwark concerned what could amount to ‘settled accommodation’ for homelessness matters, and specifically for ‘breaking the chain’ of intentional homelessness.’

Full Story

Nearly Legal, 11th July 2018

Source: nearlylegal.co.uk

Late and late again – intentional homelessness and benefit claims – Nearly Legal

Posted July 11th, 2018 in adjournment, delay, homelessness, local government, news by tracey

‘Oduneye v Brent London Borough Council (2018) EWCA Civ 1595. This was a second appeal from a s.204 appeal on Brent’s decision that Ms O was intentionally homeless. Ms O was in person. She had sought an adjournment to seek legal representation but this was a fortnight before the hearing and refused on the basis that she had known of the appeal hearing since permission on 21 October 2017.’

Full Story

Nearly Legal, 10th July 2018

Source: nearlylegal.co.uk

Homelessness and capacity – Nearly Legal

Posted July 4th, 2018 in homelessness, housing, local government, mental health, news, statutory duty by sally

‘In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance. The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was argued that an application could be made by minors) held that a person had to have capacity to “comprehend or evaluate” an offer of accommodation and could not be treated as a person in priority need. As Lord Griffiths put it, “In my view it is implicit in the provisions of the Act that the duty to make an offer is only owed to those who have the capacity to understand and respond to such an offer and if they accept it to undertake the responsibilities that will be involved.” There is a personal element to this issue – Ferdous Begum and Garlick were cases which first captured my academic interest in homelessness law back in 1992, mainly because the decision seemed wrong discursively (even then) and also because of the real difficulties which occur in practice in the distinction between homelessness and care duties.’

Full Story

Nearly Legal, 3rd July 2018

Source: nearlylegal.co.uk

Late review decisions and homeless appeals – Nearly Legal

Posted June 14th, 2018 in appeals, costs, homelessness, housing, local government, news by tracey

‘Muloko v Newham LBC, County Court at Central London 6 April 2018. This is from a note of the judgment in June 2018 Legal Action – Housing: Recent Developments. I usually wait a month or two on reporting cases from Legal Action, but I report it now as it has some considerable importance, at least in London, for decisions on what to do about late s.202 reviews.’

Full Story

Nearly Legal, 13th June 2018

Source: nearlylegal.co.uk

Damages for badly performed homeless duties? – Nearly Legal

Posted June 11th, 2018 in damages, homelessness, local government, news, statutory duty by sally

‘Brief notes on a couple of cases, both, in different ways, approaching the issue of whether a homeless applicant can claim for damages arising from the bad performance of the local authority’s statutory duties.’

Full Story

Nearly Legal, 11th June 2018

Source: nearlylegal.co.uk

Council rapped for delays while homeless family left in crowded conditions – Local Government Lawyer

Posted June 11th, 2018 in homelessness, housing, local government, news by sally

‘The Local Government & Social Care Ombudsman (LGO) has criticised a London borough after an investigation found that a mother and her five children were accommodated in a damp and mouldy single bedroom.’

Full Story

Local Government Lawyer, 8th June 2018

Source: www.localgovernmentlawyer.co.uk

Hundreds of homeless people fined and imprisoned in England and Wales – The Guardian

Posted May 21st, 2018 in fines, homelessness, imprisonment, news by sally

‘Growing numbers of vulnerable homeless people are being fined, given criminal convictions and even imprisoned for begging and rough sleeping, the Guardian can reveal.’

Full Story

The Guardian, 20th May 2018

Source: www.theguardian.com

EU rough sleepers win damages for illegal deportations – BBC News

Posted May 14th, 2018 in compensation, deportation, EC law, homelessness, news by sally

‘The government is to pay hundreds of thousands of pounds to European rough sleepers who were illegally detained and deported.’

Full Story

BBC News, 13th May 2018

Source: www.bbc.co.uk

New homelessness act fails to address root causes, charities say – The Guardian

Posted April 4th, 2018 in benefits, budgets, homelessness, housing, legislation, local government, news by sally

‘Spiralling rents, welfare reforms and council funding cuts will undermine the impact of the most significant new homelessness legislation for 40 years, charities have said.’

Full Story

The Guardian, 3rd April 2018

Source: www.theguardian.com

Vulnerable children forced into homelessness as local authorities routinely ignore child protection laws – The Independent

Posted March 5th, 2018 in children, homelessness, local government, news by tracey

‘Vulnerable children are being forced into homelessness because local authorities are routinely flouting child protection laws, lawyers and charities have warned.’

Full Story

The Independent, 4th March 2018

Source: www.independent.co.uk

Vulnerable people ‘trapped in homelessness’ due to law – BBC News

Posted February 14th, 2018 in homelessness, housing, local government, mental health, news, reports by michael

‘Vulnerable people are unable to access social housing, potentially trapping them “in a cycle of homelessness”, due to a change in the law.’

Full Story

BBC News, 14th February 2018

Source: www.bbc.co.uk

A failure to engage – ‘Medical advisors’ on homeless vulnerability – Nearly Legal

Posted January 22nd, 2018 in doctors, homelessness, mental health, news, psychiatrists by sally

‘This is a s.204 appeal of a ‘not vulnerable’ review decision by LB Tower Hamlets. It is of particular interest because of the consideration of the role and place of the ‘medical advisors’ used by LBTH – Now Medical, and the strong criticism of the handling and consideration of medical reports.’

Full Story

Nearly Legal, 21st January 2018

Source: nearlylegal.co.uk

Ombudsman finds fault in seven out of ten homelessness complaints – Local Government Lawyer

Posted December 18th, 2017 in complaints, homelessness, local government, news, ombudsmen, reports by sally

‘The Local Government and Social Care Ombudsman found fault in 70% of complaints about homelessness it investigated in detail in 2016/17.’

Full Story

Local Government Lawyer, 15th December 2017

Source: www.localgovernmentlawyer.co.uk

High Court quashes guidance on deporting EEA nationals who are sleeping rough – UK Human Rights Blog

Posted December 18th, 2017 in freedom of movement, homelessness, human rights, immigration, news by sally

‘Recent years have seen a significant increase in the number of people sleeping on the streets in Greater London — the figure has more than doubled since 2017.[1] This includes people of all nationalities, and a significant number of EEA nationals.’

Full Story

UK Human Rights Blog, 15th December 2017

Source: ukhumanrightsblog.com

Government policy on rough sleeping by EEA nationals unlawful: High Court – Local Government Lawyer

Posted December 18th, 2017 in freedom of movement, homelessness, human rights, immigration, news by sally

‘The Government’s policy of treating rough sleeping by EEA nationals as an abuse of EU treaty rights, rendering the individuals liable to removal if proportionate to do so, is unlawful, a High Court judge has ruled.’

Full Story

Local Government Lawyer, 14th December 2017

Source: www.localgovernmentlawyer.co.uk

Deporting EU rough sleepers from UK unlawful, High Court rules – BBC News

Posted December 15th, 2017 in deportation, EC law, freedom of movement, homelessness, news by tracey

‘A Home Office policy of removing EU citizens found sleeping rough on UK streets is unlawful and must stop, the High Court has ruled.’

Full Story

BBC News, 14th December 2017

Source: www.bbc.co.uk