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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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BBC News, 14th December 2017

Source: www.bbc.co.uk

“I made him aware he is very lucky” – Nearly Legal

Posted December 11th, 2017 in homelessness, housing, local government, news, ombudsmen, reports, statutory duty by sally

‘A Local Government Ombudsman Report on the actions of Maidstone Borough Council towards a homeless household makes for depressing reading. Both for the actions (and inactions) of the Council and for what it lays bare about the attitude to the homeless.’

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Nearly Legal, 10th December 2017

Source: nearlylegal.co.uk

Ombudsman tells council to pay compensation over forcible eviction by landlord – Local Government Lawyer

Posted November 29th, 2017 in compensation, homelessness, landlord & tenant, local government, news, ombudsmen by sally

‘Maidstone Borough Council should pay compensation to a homeless family of £4,170 after it accepted their forcible eviction at short notice from temporary accommodation, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

Intentional Homelessness: Whether 2-Years Renting Amounted to Settled Accommodation – Garden Court Chambers

‘In November 2010 the appellant, Mr Doka, was evicted from his home at Laburnam Close in South East London on the basis of rent arrears. His former employer, Mr Theobald, subsequently allowed him to stay in his home in Dartford. The arrangement was initially meant to be a temporary one. But after a few weeks the arrangement was put on a more stable footing, with Mr Theobald agreeing to provide what he described as ‘full-time accommodation’, allowing Mr Doka to sleep in his son’s bedroom (while his son was away at University) for £500 a month. Mr Theobald told Mr Doka that he could live there for two-three years, while his son finished at University, though Mr Doka would be required to stay with friend’s on occasion if Mr Theobald’s son returned and needed the use of the room.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

‘Significantly More Vulnerable’: The Court of Appeal Explains – Garden Court Chambers

‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

‘I asked to go to jail, rather than stay homeless’ – BBC News

Posted November 23rd, 2017 in homelessness, imprisonment, news by sally

‘Banned from begging and sleeping in shop doorways in Middlesbrough, Bradley Grimes asked the judge in court to send him to prison rather than leave him homeless. What effect did it have?’

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BBC News, 23rd November 2017

Source: www.bbc.co.uk

Homelessness Update – Doughty Street Chambers

‘Annual Review of Developments in Homelessness Law presentation slides.’

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Doughty Street Chambers, 17th November 2017

Source: www.doughtystreet.co.uk

Home Office faces High Court hearing over policy on rough sleeping EEA nationals – Local Government Lawyer

‘The High Court is today [21 November] set to begin hearing a judicial review challenge to the Home Office’s policy towards rough sleeping EEA nationals.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk