Anti-fracking campaigners challenge eviction attempt in court – The Guardian

‘Anti-fracking protesters who have been camping by a drill site in Greater Manchester since late October have appeared in court to challenge attempts to evict them.’

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The Guardian, 6th March 2014

Source: www.guardian.co.uk

Deciding without a decision – NearlyLegal

‘R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014. The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided there was no duty to accommodate M, as the family was referred to Social Services.’

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NearlyLegal, 9th February 2014

Source: www.nearlylegal.co.uk/blog/

No reason for reasons redux – NearlyLegal

Posted February 3rd, 2014 in appeals, homelessness, housing, local government, news, reasons by tracey

‘A rather odd second appeal from a s.204 appeal decision. At issue was whether the Council’s review officer should take into account “the homeless person’s state of knowledge about the Council’s rejection of the person’s reasons for stating he or she did not wish to live in a particular area”. In short, was an absence of a stated reason for a decision a potential issue on review.’

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NearlyLegal, 2nd February 2014

Source: www.nearlylegal.co.uk/blog/

Impossible Preference: Excluding the homeless from housing lists – NearlyLegal

Posted January 29th, 2014 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and excludes other classes.’

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NearlyLegal, 28th January 2014

Source: www.nearlylegal.co.uk

Shortfalls, guidance and intentionality – NearlyLegal

Posted December 16th, 2013 in appeals, benefits, homelessness, housing, local government, news, rent by sally

‘A s.202 review decision on affordability was at the centre of this second appeal, brought by Birmingham after a s.204 appeal decision went against them. The issue was to what extent the review decision should manifest attention to the statutory guidance (the July 2006 Guidance) on affordability.

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NearlyLegal, 15th December 2013

Source: www.nearlylegal.co.uk

Expensive choices – NearlyLegal

Posted November 25th, 2013 in homelessness, housing, judicial review, local government, news, rent by tracey

‘One of a couple of cases on intentional homelessness and affordability of accommodation.’

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Children and Intentional Homelessness – NearlyLegal

Posted November 25th, 2013 in children, homelessness, housing, judicial review, local government, news, rent by tracey

‘Hurzat v Hounslow LBC (2013) CA (Civ Div) 21 November 2013. What is the relationship between Housing Act 1996 Part VII and Children Act 2004? Does the duty under s.11 Children Act to safeguard and promote the welfare of children have a bearing on decisions on intentional homelessness under Housing Act 1996? While this case provides a partial answer, it was not, I think, a great case on the facts for testing the interplay of the Acts.’

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Get your excuses for your excuses in early – NearlyLegal

Posted November 14th, 2013 in appeals, delay, homelessness, local government, news, solicitors, time limits by tracey

“Poorsalehy v Wandsworth LBC (2013) QBD 07/11/2013. A cautionary tale, albeit one that was rather hard on Mr Poorsalehy. Mr P had applied to Wandsworth as homeless. His application was rejected by s.184 decision and the s.202 upheld the decision.”

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NearlyLegal, 13th November 2013

Source: www.nearlylegal.co.uk/blog/

I don’t want to go to… Lambeth – NearlyLegal

Posted November 13th, 2013 in appeals, domestic violence, homelessness, housing, local government, news, statutory duty by tracey

“Can a refuge be a ‘residence of own choice’ for the purposes of Local Authority decisions about local connection in homeless applications? This is a rare Court of Appeal decision on the issue. In addition, can a Reg 8(2) ‘minded to’ letter requirement be triggered by events during the review and after a first ‘minded to’ letter has been sent?”

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NearlyLegal, 10th November 2013

Source: www.nearlylegal.co.uk

Accept no substitutes – NearlyLegal

“Purewal v Ealing Borough Council (2013) CA Civ Div 05/11/2013.
This was Ealing’s appeal from a s.204 appeal brought by Ms Purewal. At the s.204 appeal, the Circuit Judge had varied Ealing’s review decision that Ms P was intentionally homeless and substituted a decision that she was unintentionally homeless.”

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NearlyLegal, 6th November 2013

Source: www.nearlylegal.co.uk/blog/

Big Issue stabbings: Homeless man detained for life – BBC News

Posted October 16th, 2013 in diminished responsibility, homelessness, homicide, mental health, news, sentencing by sally

“A homeless man who admitted killing two Big Issue sellers in a knife attack in Birmingham has been detained for life.”

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BBC News, 15th October 2013

Source: www.bbc.co.uk

Council to pay out after housing families in B&Bs for longer than six weeks – Local Government Lawyer

“A local authority is set to pay out thousands of pounds after it housed 40 homeless families in bed and breakfast accommodation for longer than the recommended limit of six weeks.”

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Local Government Lawyer, 24th September 2013

Source: www.localgovernmentlawyer.co.uk

Legal aid residence test ‘will just shift cost to council taxpayers’ – The Guardian

Posted September 24th, 2013 in children, homelessness, legal aid, local government, news, reports by sally

“Introducing a proposed residence test for legal aid will lead to local authorities paying tens of millions of pounds to support children in care and prevent increased homelessness, campaigners have warned the Ministry of Justice.”

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The Guardian, 23rd September 2013

Source: www.guardian.co.uk

Better Late than Never? – NearlyLegal

Posted August 19th, 2013 in appeals, homelessness, housing, human rights, local government, news, time limits by tracey

Peake v LB Hackney  is another cautionary tale about the importance of lodging statutory homelessness appeals within the 21 day limit.”

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NearlyLegal, 18th August 2013

Source: www.nearlylegal.co.uk/blog/

Whitworth Park attack: Man jailed for beating homeless man – BBC News

Posted August 5th, 2013 in grievous bodily harm, homelessness, news, sentencing, video recordings by sally

“A man who police said viciously attacked a homeless man in a park in Greater Manchester then pretended to be a Good Samaritan has been jailed.”

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BBC News, 2nd August 2013

Source: www.bbc.co.uk

Helping Female Offenders Keep Their Home – Criminal Law and Justice Weekly

Posted July 29th, 2013 in charities, community service, homelessness, housing, news, women by sally

“Harriet Stranks on one charity’s work to tackle re-offending and homelessness among women released from prison.”

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Criminal Law and Justice Weekly, 20th July 2013

Source: www.criminallawandjustice.co.uk

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council – WLR Daily

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council: [2013] EWCA Civ 804; [2013] WLR (D) 297

“A housing authority was not required to issue court proceedings before evicting the occupier of accommodation made available on a licence by a housing authority pursuant to its interim duty under sections 188(1) or 190(2)(a) of the Housing Act 1996.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Not pending this appeal – NearlyLegal

Posted July 9th, 2013 in appeals, homelessness, housing, judicial review, local government, news by sally

“When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant’s route to challenge a refusal by the local authority to provide accommodation pending appeal to the Court of Appeal?”

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NearlyLegal, 8th July 2013

Source: www.nearlylegal.co.uk

Calix v Attorney General of Trinidad and Tobago – WLR Daily

Calix v Attorney General of Trinidad and Tobago [2013] UKPC 15; [2013] WLR (D) 219

“Oddity of personality did not of itself diminish the value of one’s good character and, therefore, a judge had erred in reducing a plaintiff’s damages for malicious prosecution on the basis that his reputation and social standing did not amount to much because he had chosen to withdraw from society and live as a recluse.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Family’s ‘torture’ as they face losing home under anti-terror law – The Independent

“The family of a grandfather convicted of attempting to recruit two undercover police officers to fight for the Taliban have spoken of their ‘torture’ as they face the prospect of becoming the first in Britain to have their home seized by the courts under anti-terrorism laws.”

Full story

The Independent, 12th June 2013

Source: www.independent.co.uk