Birmingham City Council v Ali and others; Moran v Manchester City Council (Women’s Aid Federation of England and another intervening) – WLR Daily

Posted July 2nd, 2009 in homelessness, housing, law reports by sally

Birmingham City Council v Ali and others; Moran v Manchester City Council (Women’s Aid Federation of England and another intervening) [2009] UKHL 36; [2009] WLR (D) 221

“Although it had not been reasonable for families to remain in their current accommodation indefinitely, the local housing authority had been entitled to leave them there in the short term, it being a question of fact whether the period was too long, but the authority had not been entitled to rely on its allocation policy to fulfil its duty. It had not been reasonable for a woman to continue to occupy a women’s refuge indefinitely, and she had accordingly remained “homeless” under the Housing Act 1996.”

WLR Daily, 1st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (G) v Southwark London Borough Council – Times Law Reports

Posted June 4th, 2009 in children, homelessness, law reports, social services by sally

Regina (G) v Southwark London Borough Council

House of Lords

“A local authority’s children’s services unit could not purport to fulfil its duties to look after a homeless child merely by referring him to the homeless persons unit.”

The Times, 4th June 2009

Source: www.timesonline.co.uk

Regina (G) v Southwark London Borough Council – WLR Daily

Posted May 21st, 2009 in children, homelessness, law reports, social services by sally

Regina (G) v Southwark London Borough Council [2009] UKHL 26; [2009] WLR (D) 159

“When a child aged 16 or 17 who had been excluded from his family home applied to the children’s service department of the local authority for accommodation under s 20 of the Children Act 1989, and he satisfied all the requirements of s 20(1), it was not open to the authority to refer the child to the local housing authority for accommodation as a homeless person under Part VII of the Housing Act 1996.”

WLR Daily, 20th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Banks v Kingston upon Thames London Borough Council – Times Law Reports

Posted March 10th, 2009 in homelessness, housing, law reports by sally

Banks v Kingston upon Thames London Borough Council

Court of Appeal

“A reviewing officer considering an appeal against the refusal of a housing authority of a request for accommodation as a homeless person in priority need should, where he was minded to confirm the refusal on different grounds, give the applicant an opportunity to make further representations.”

The Times, 10th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ugiagbe v Southwark London Borough Council – Times Law Reports

Posted February 18th, 2009 in homelessness, housing, law reports, local government by sally

Ugiagbe v Southwark London Borough Council

Court of Appeal

“Failure to follow informal advice to go to a local housing authority’s homeless persons unit when threatened with eviction, did not make an applicant intentionally homeless.”

The Times, 18th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ugiagbe v Southwark London Borough Council – WLR Daily

Posted February 12th, 2009 in homelessness, housing, law reports, local government by sally

Ugiagbe v Southwark London Borough Council [2009] EWCA Civ 31; [2009] WLR (D) 47

“A person’s failure to go to the Homeless Persons Unit for advice before leaving accommodation which she occupied did not amount to a lack of ‘good faith’ for the purposes of s 191(2) of the Housing Act 1996 rendering her intentionally homeless.”

WLR Daily, 11th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Holmes-Moorhouse v London Borough of Richmond upon Thames – WLR Daily

Posted February 6th, 2009 in children, homelessness, housing, law reports, residence orders by sally

Holmes-Moorhouse v London Borough of Richmond upon Thames [2009] UKHL 7; [2009] WLR (D) 31

“When a court in family proceedings made a shared residence order providing for children to spend alternate weeks with each of their parents, and the father was homeless, a housing authority was not obliged, on account of the order, to regard the father as a person in priority need of accommodation on the ground that dependent children might reasonably expected to reside with him.”

WLR Daily, 4th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Banks v Kingston upon Thames Royal Borough Council – WLR Daily

Posted December 19th, 2008 in homelessness, housing, law reports by sally

Banks v Kingston upon Thames Royal Borough Council [2008] EWCA Civ 1443; [2008] WLR (D) 397

A purposive interpretation should be given to reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 to ensure that, where a reviewing officer was minded to confirm a decision on different grounds, the applicant should be given an opportunity to make representations.”

WLR Daily, 18th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Simms v Islington London Borough Council – Times Law Reports

Posted December 3rd, 2008 in drug abuse, homelessness, housing, law reports by sally

Simms v Islington London Borough Council

Court of Appeal

“The risk that a recovering drug addict’s relapse might be caused by his homelessness did not entitle him to be treated as having a priority need for accommodation.”

The Times, 3rd December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ali v Birmingham City Council; Ibrahim v Birmingham City Council – WLR daily

Posted November 11th, 2008 in homelessness, housing, law reports by sally

Ali v Birmingham City Council; Ibrahim v Birmingham City Council [2008] EWCA Civ 1228; [2008] WLR (D) 349

A local housing authority’s discharge of its statutory duty to rehouse a homeless person in priority need where that person had refused an offer of suitable accommodation could not be challenged other than by administrative review subject appeal to the county court, which was the equivalent of judicial review rather than a full rehearing appeal, even where the sole issue for the reviewing officer was a simple one of primary fact. The European Court of Human Rights’ decision in Tsfayo v United Kingdom [2007] LGR 1 did not change the relevant law.”

WLR Daily, 10th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Boreh v Ealing London Borough Council – Times Law Reports

Posted November 11th, 2008 in homelessness, housing, law reports by sally

Boreh v Ealing London Borough Council

Court of Appeal

“The suitability of accommodation offered by a local authority was not to be judged exclusively by reference to its condition at the time of the offer, but could and should take into account any adaptations or alterations that were proposed to be made at the date of the council’s review decision.”

The Times, 11th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Boreh v Ealing London Borough Council – WLR Daily

Posted October 31st, 2008 in homelessness, housing, law reports by sally

Boreh v Ealing London Borough Council [2008] EWCA Civ 1176; [2008] WLR (D) 334

“The suitability of accommodation offered by a local housing authority was not to be judged exclusively by reference to its condition at the time of the offer, but could and should take into account any adaptations or alterations that were proposed to be made. However, in considering the suitability of a house, it was only legitimate to take into account proposals as to adaptations that were made as at the date of the authority’s decision and not right up to the date of the review decision.”

WLR Daily, 30th October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (RJM) v Secretary of State for Work and Pensions – Times Law Reports

Posted October 27th, 2008 in benefits, disabled persons, homelessness, law reports by sally

Regina (RJM) v Secretary of State for Work and Pensions

House of Lords

“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within article 14 of the European Convention on Human Rights but was lawful as it could be justified on policy grounds.”

The Times, 27th October 2008 

Source: www.timesonline.co.uk

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) – WLR Daily

Posted October 24th, 2008 in benefits, disabled persons, homelessness, human rights, law reports by sally

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) [2008] UKHL 63; [2008] WLR (D) 00; [2008] WLR (D) 328

“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within art 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms but it was lawful as it could be justified on policy grounds.”

WLR Daily, 23rd October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sex offenders can ‘live’ at bus stop, park bench or in tree – Daily Telegraph

Posted September 26th, 2008 in homelessness, news, sexual offences by sally

“A legal loophole which allows homeless sex offenders to roam free – ‘living’ at a bus stop, park bench or in a tree – has been branded ‘astonishing’ by a senior judge.”

Full story

Daily Telegraph, 26th September 2008

Source: www.telegraph.co.uk

Johnston v Lambeth London Borough Council – Times Law Reports

Posted June 30th, 2008 in homelessness, law reports by sally

Johnston v Lambeth London Borough Council

Court of Appeal

“A local government officer reviewing a decision that an applicant did not have priority need as a homeless person could neither dispense with the statutory duty to consider the earlier decision nor, if mindful to find against the applicant, to give notice to allow the applicant to make written or oral representations.”

The Times, 30th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Johnston v London Borough of Lambeth – WLR Daily

Posted June 23rd, 2008 in homelessness, law reports by sally

Johnston v London Borough of Lambeth [2008] EWCA Civ 690; [2008] WLR (D) 200

“A council officer reviewing a decision that an applicant did not have priority need as a homeless person could not dispense with the statutory obligation to consider the earlier decision and, if mindful to find against the applicant, to give notice of his grounds in order for the applicant to make written or oral representations.”

WLR Daily, 19th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Moran v Manchester City Council – Times Law Reports

Posted May 20th, 2008 in homelessness, law reports by sally

Moran v Manchester City Council

Court of Appeal

“Two women, who had been made homeless unintentionally when they fled to women’s reguges from domestic violence, became homeless intentionally when they were evicted from the refuges as a result of their own misconduct.”

The Times, 20th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Moran v Manchester City Council; Richards v Ipswich Borough Council – WLR Daily

Posted April 18th, 2008 in homelessness, housing, law reports by sally

Moran v Manchester City Council; Richards v Ipswich Borough Council [2008] EWCA Civ 378; [2008] WLR (D) 112

“A women’s refuge was accommodation which, having regard to various factors, it could be reasonable for women to continue to occupy.”

WLR Daily, 17th April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Omar v Westminster City Council – Times Law Reports

Posted March 25th, 2008 in homelessness, housing, law reports, local government by sally

Omar v Westminster City Council

Court of Appeal

“An officer reviewing a local authority decision that it had discharged its housing duty by offering suitable acccommodation had to examine the facts as they appeared at the date of that decision.”

The Times, 25th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.