Surge in ‘no-fault evictions’ prompts calls to renew UK-wide ban – The Guardian

‘The number of renting households made homeless because of “no-fault” evictions has surged higher than pre-pandemic levels, sparking fresh calls for the government to ban the practice.’

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The Guardian, 22nd September 2022

Source: www.theguardian.com

Needs, not wishes – Housing Needs Assessments and Personal Housing Plans – Nearly Legal

Posted September 5th, 2022 in asylum, homelessness, housing, immigration, judicial review, local government, news, refugees by tracey

‘ZK, R (On the Application Of) v London Borough of Havering (2022) EWHC 1854 (Admin). This was a judicial review of what was claimed to be Havering’s failure to provide a lawful housing needs assessment and personal housing plan for Mr ZK, under section 189A Housing Act 1996.’

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Nearly Legal, 4th September 2022

Source: nearlylegal.co.uk

Homelessness – suitability and distance to school – Nearly Legal

Posted August 22nd, 2022 in children, families, homelessness, housing, local government, news, school children by tracey

‘The Queen on the Application of Fokou v London Borough of Southwark (2022) EWHC 1452 (Admin) (not on Bailii, judgment on Westlaw). This was an application for interim relief in judicial review proceedings regarding suitability of accommodation and alleging breach of the Children Act 2004 s.11(2) duty to discharge the Council’s functions in such a way as to safeguard and promote the welfare of children.’

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Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Bullale again – settled accommodation and intentional homelessness – Nearly Legal

Posted August 22nd, 2022 in appeals, homelessness, housing, landlord & tenant, local government, news, repossession by tracey

‘Following the the Court of Appeal judgment in Bullale v City of Westminster Council (2020) EWCA Civ 1587 (our note) quashing Westminster’s review decision, Westminster had another go at a review decision as to whether Ms Bullale was intentionally homeless or not. In fact they had a further two goes. The second review decision went against Ms B, but the following s.204 appeal was compromised and a fresh, third, review decision undertaken. That also went against Ms B, and this is the resulting s.204 appeal judgment.’

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Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

High Court judge issues mandatory order requiring London borough to secure suitable accommodation for family within 12 weeks – Local Government Lawyer

Posted August 8th, 2022 in children, disabled persons, homelessness, housing, local government, London, news by tracey

‘The London Borough of Lambeth has been told by the High Court to find accommodation for a family within 12 weeks even though the applicant wishes to live outside the borough.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Housing authority acquisitions policies – Local Government Lawyer

Posted August 4th, 2022 in homelessness, housing, local government, news by tracey

‘The Court of Appeal has recently ruled that a local housing authority failed to comply with its own acquisitions policy. Stathis Kosteletos, Clive Adams and Jonathan Hulley examine the ruling.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects as “academic” judicial review claim over ending of ‘Everyone In’ homelessness scheme – Local Government Lawyer

‘The Court of Appeal has rejected an appeal over a High Court judge’s dismissal of a judicial review challenge to the Government’s decision to end the “Everyone In” initiative that was launched to get rough sleepers off the streets during the pandemic.’

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Local Government Lawyer, 1st August 2022

Source: www.localgovernmentlawyer.co.uk

Homelessness updates – Nearly Legal

Posted August 2nd, 2022 in homelessness, housing, local government, news by tracey

‘Abdikadir v London Borough of Ealing (2022) EWCA Civ 979. Where an offer of out of borough accommodation had been made and refused, and a discharge of duty upheld on review, did the council’s failure to notify the other council under section 208(2) Housing Act 1996 mean that the review was invalidated?’

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Nearly Legal, 31st July 2022

Source: nearlylegal.co.uk

Affordability and intentional homelessness – assessments and guidance – Nearly Legal

Posted July 14th, 2022 in homelessness, housing, local government, news, rent, tax credits by tracey

‘Baptie v The Royal Borough of Kingston Upon Thames (2022) EWCA Civ 888. This was a second appeal, brought by RBKT from a s.204 appeal that had overturned their decision that Ms Baptie was intentionally homeless from a housing association property due to rent arrears. The Council review officer had found “that the rent due to the Housing Association had been affordable for Ms Baptie, but she had failed to claim tax credits to which she was entitled and spent an unreasonable amount on living expenses. On the second point, the officer relied in part on figures contained in guidance issued by the Association of Housing Advice Services (“AHAS”).” (The first decision maker had found intentionality because Ms B was alleged not to have applied for Discretionary Housing Payments. The review officer found on these other grounds.)’

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Nearly Legal, 12th July 2022

Source: nearlylegal.co.uk

Judges allow appeal by council over affordability and non-payment of rent – Local Government Lawyer

‘It was not unlawful for a Royal Borough of Kingston Upon Thames reviewing officer to conclude that an applicant was intentionally homeless because her previous rent had been affordable but had not been paid.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

Government Looks To Re-Criminalise Rough Sleeping In Levelling Up Bill – Each Other

Posted July 7th, 2022 in bills, homelessness, human rights, news, repeals, vagrancy by sally

‘The government has proposed replacing previously repealed legislation that makes begging and rough sleeping a criminal offence. The move comes after parliament scrapped the Vagrancy Act, a 200-year-old law that criminalised sleeping rough and begging in England and Wales. The Act was repealed through an amendment to the Police, Crime, Sentencing and Courts Act (PCSCA) in April.’

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Each Other, 7th July 2022

Source: eachother.org.uk

Housing case law update – May 2022 – Local Government Lawyer

‘Steven Wood, Kelly Lloyd and Sumi Begum analyse the latest housing law judgments of interest to housing associations and local authorities.’

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Local Government Lawyer, 6th June 2022

Source: www.localgovernmentlawyer.co.uk

No messing about – Nearly Legal

Posted May 5th, 2022 in homelessness, housing, local government, news, statutory duty by sally

‘Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of Appeal.’

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Nearly Legal, 4th May 2022

Source: nearlylegal.co.uk

Suitability, enquiries, gender reassignment and the public sector equality duty – Nearly Legal

Posted April 5th, 2022 in disabled persons, equality, homelessness, housing, news, transgender persons by sally

‘An interesting Court of Appeal decision on the sufficiency of enquiries to establish suitability of accommodation offered in discharge of section 189B Housing Act 1986 duty where the homeless person has the protected characteristics of disability and gender reassignment.’

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Nearly Legal, 3rd April 2022

Source: nearlylegal.co.uk

Court of Appeal rejects appeal over sufficiency of inquiries made by housing options manager – Local Government Lawyer

Posted April 5th, 2022 in disabled persons, equality, homelessness, housing, news, transgender persons by sally

‘The Court of Appeal has dismissed an appeal over the sufficiency of inquiries made by a borough council to determine the suitability of accommodation offered to a homeless applicant with ‘protected characteristics’ of disability and gender reassignment.’

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Local Government Lawyer, 4th April 2022

Source: www.localgovernmentlawyer.co.uk

Government to repeal law allowing police to arrest rough sleepers – BBC News

Posted February 23rd, 2022 in bills, fines, homelessness, imprisonment, news, police, vagrancy by sally

‘The government has announced it will repeal the Vagrancy Act, which allows police to arrest people for sleeping rough or begging in England and Wales.’

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BBC News, 22nd February 2022

Source: www.bbc.co.uk

Homelessness – second applications and new facts threshold – Nearly Legal

Posted February 21st, 2022 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This was Mr Minott’s appeal from a judicial review that upheld Cambridge’s refusal to accept a second homeless application.’

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Nearly Legal, 19th February 2022

Source: nearlylegal.co.uk

R(ZLL) v SSHCLG: Everyone In a “call to action” not a policy – Nearly Legal

‘In this case, Fordham J scrutinised the nature of “Everyone In” and analysed whether it was a “policy”, such as to impose public law duties on the Secretary of State on its curtailment. The judgment (2022) EWHC 85 (Admin) contains a detailed discussion of the ingredients that make a policy, and a pithy take on when the need to consult stakeholders arises. The judge finds that Everyone In cannot properly be described as prescriptive policy guidance, but can safely be described as “an initiative”, so the Secretary of State was not bound by the constraints on changing policy. Judgment was given under the old Departmental name, since changed to the snappy Department for Levelling Up, Housing and Communities. The two interested parties, Camden LB Council and Shelter, did not appear.’

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Nearly Legal, 24th January 2022

Source: nearlylegal.co.uk

Government defeats High Court challenge to ending of ‘Everyone In’ initiative – Local Government Lawyer

Posted January 20th, 2022 in coronavirus, government departments, homelessness, housing, judicial review, news by tracey

‘A High Court judge has dismissed a judicial review challenge over the Government’s to end the ‘Everyone In’ initiative that was launched to get rough sleepers off the streets during the pandemic.’

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Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

Ex-soldier’s wife found guilty of murdering baby abandoned in woods – The Independent

‘The wife of a former soldier has been found guilty of the murder of her newborn baby by abandoning him in woodland after she discovered she was pregnant too late to have an abortion.’

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The Independent, 30th November 2021

Source: www.independent.co.uk