Let’s be frank: The decision in MN and KN v London Borough of Hackney – Hardwicke Chambers

Posted June 3rd, 2013 in children, disclosure, homelessness, human rights, local government, news by sally

“Sleeping rough on the streets of London is not an appealing prospect. It is all the more unappealing for anyone with two young children in the grip of an unseasonably cold winter. It was in order to avoid this fate that, in January 2012, the parents of MN and KN (the claimants in this case) approached their local authority, the London Borough of Hackney, and asked for assistance.”

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Hardwicke Chambers, 24th May 2013

Source: www.hardwicke.co.uk

The meaning of care and attention – NearlyLegal

“SL v Westminster [2013] UKSC 27 is a very important case concerning the meaning of ‘care and attention’ in the context of s.21, National Assitance Act 1948.”

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NearlyLegal, 20th May 2013

Source: www.nearlylegal.co.uk

Hotak v Southwark London Borough Council – WLR Daily

Posted May 20th, 2013 in appeals, homelessness, housing, law reports, local government by sally

Hotak v Southwark London Borough Council [2013] EWCA Civ 515; [2013] WLR (D) 180

“When assessing an applicant’s priority need for accommodation under section 189(1)(c) of the Housing Act 1996 the local housing authority was entitled to consider evidence of personal support and assistance provided by a family member which would continue should the applicant become street homeless. The weight to be given to the evidence was a separate and important consideration. The reviewing officer was required to assess the vulnerability of the applicant as it would be when he was made homeless.”

WLR Daily, 15th May 2013

Source: www.iclr.co.uk

Night Shelters, dwellings and housing benefit – NearlyLegal

Posted May 20th, 2013 in benefits, homelessness, hotels, housing, local government, news, tribunals by sally

“This a late note on OR -v- Secretary of State for Work and Pensions and Isle of Anglesey CC [2013] UKUT 065 (AAC) because, bluntly, I had read it quickly at the time and overlooked its broader significance.”

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NearlyLegal, 19th May 2013

Source: www.nearlylegal.co.uk

Priority need – NearlyLegal

“Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became homeless, when determining whether he was vulnerable or not.”

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NearlyLegal, 15th May 2013

Source: www.nearlylegal.co.uk

Don’t look down: The decision in El-Dinnaoui v Westminster City Council – Hardwicke Chambers

Posted April 17th, 2013 in appeals, evidence, homelessness, housing, local government, news by sally

“The duty that local authorities have to accommodate homeless applicants in priority need is well established. But that duty, in section 193 of the Housing Act 1996, ceases to apply if a homeless applicant refuses to accept accommodation which is suitable for them.”

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Hardwicke Chambers, 12th April 2013

Source: www.hardwicke.co.uk

Three teenagers sentenced for homeless man’s murder – The Guardian

“Three teenagers who beat a homeless man to death following a dare have been ordered to be detained.”

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The Guardian, 15th April 2013

Source: www.guardian.co.uk

Six months, no jail sentences: call for controversial squatter law to be axed – The Independent

Posted March 25th, 2013 in homelessness, legislation, news, sentencing, squatting, statistics by sally

“Six months after new laws were introduced to ‘protect homeowners’ from squatters, police have not arrested a single person for displacing residents from their home, leading to calls for the legislation to be scrapped.”

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The Independent, 24th March 2013

Source: www.independent.co.uk

Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) – Supreme Court

Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) [2013] UKSC 10 | UKSC 2011/0117 (YouTube)

Supreme Court, 20th February 2013

Source: www.youtube.com/user/UKSupremeCourt

When a deficiency makes no difference – NearlyLegal

Posted February 4th, 2013 in homelessness, housing, local government, news by tracey

“The question for the Court of Appeal in this second appeal from a homeless appeal, was ‘How should the courts deal with a plainly deficient homelessness decision when the deficiency has had no adverse consequences for the applicant?’. The issue being the effect of the lack of a ‘minded to’ letter requesting submissions under Regulation 8(2) Allocation of Housing and Homelessness (Review Procedures) Regulations 1999. As we’ll see, the Court of Appeal agrees on the result, but not on the way of getting to it.”

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NearlyLegal, 3rd February 2013

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

Ibrahim v Wandsworth London Borough Council – WLR Daily

Posted February 1st, 2013 in homelessness, housing, law reports, local government by tracey

Ibrahim v Wandsworth London Borough Council: [2013] EWCA Civ 20;   [2013] WLR (D)  38

“A local authority reviewer’s duty under regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999, to invite representations from the applicant where the reviewer was minded to make a decision against the interests of the applicant despite there being a deficiency in the local authority’s original decision, was not engaged where the deficiency was not the subject of any complaint by the applicant on the review and had been neither upheld nor decided upon by the reviewer.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

Model charity: ‘whatever happens, we’ll carry on, but it won’t be easy’ – The Guardian

Posted December 12th, 2012 in asylum, budgets, charities, homelessness, legal aid, news, refugees by sally

“Southampton and Winchester Visitors Group, which supports destitute refugees, may be hit by sweeping legal aid cuts.”

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The Guardian, 11th December 2012

Source: www.guardian.co.uk

Triumph of substance over form – Hardwicke Chambers

“In Pieretti v. LB Enfield [2011] 2 All ER 642 the Court of Appeal held that a local authority in exercising its powers under Part VII Housing Act 1996 (Homelessness) was carrying out a ‘function’ for the purposes of s.49A. It was therefore an obligation on the Local Authority to have ‘due regard’ to the factors set out in the section and, in the case of homelessness, in particular to have ‘due regard’ to ‘the need to take steps to take account of disabled persons’ disabilities’. Moreover, this duty arose irrespective of whether or not the applicant, or their advisers, had raised disability as an issue.”

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Hardwicke Chambers, 30th November 2012

Source: www.hardwicke.co.uk

Samin v Westminster City Council – WLR Daily

Posted November 23rd, 2012 in benefits, disabled persons, EC law, homelessness, housing, immigration, law reports by tracey

Samin v Westminster City Council: [2012] EWCA Civ 1468;   [2012] WLR (D)  336

“A migrant worker from another EU member state who could not establish that he was temporarily unable to work as a result of illness or accident within regulation 6(2)(a) of the Immigration (European Economic Area) Regulations 2006 was not entitled to housing provision from a local authority as a homeless person under Part VII of the Housing Act 1996.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Deja Vu All Over Again (and again) – NearlyLegal

Posted November 23rd, 2012 in benefits, disabled persons, EC law, homelessness, housing, immigration, news by tracey

“In Samin v Westminster CC [2012] EWCA Civ 1468, the Court of Appeal had to decide what was meant by someone being ‘temporarily unable to work’ so as to determine if Mr Samin retained his status as a ‘worker’ under the Immigration (European Economic Area) Regulations 2006.”

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NearlyLegal, 22nd November 2012

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

Charles Terence Estates Ltd v Cornwall Council – WLR Daily

Posted November 16th, 2012 in fiduciary duty, homelessness, housing, law reports, local government by tracey

Charles Terence Estates Ltd v Cornwall Council: [2012] EWCA Civ 1439;   [2012] WLR (D)  326

“It was not appropriate to circumscribe a local authority’s power to acquire houses in order to provide accommodation for unintentionally homeless in priority need by limiting the power to acquire at a reasonable price.”

WLR daily, 13th November 2012

Source: www.iclr.co.uk

Housing: between a rock and a hard place – LegalVoice

Posted November 13th, 2012 in benefits, families, homelessness, housing, law centres, local government, news by sally

“Desperation among local authority housing departments is running so high that homeless families are regularly told they can be given accommodation only if their children go into care, writes Elizabeth Davidson. This shocking response on the part of the authorities is clearly a fob-off given that this would not only breach their legal duties but would cost their social services departments a lot of money.”

Full story

LegalVoice, 13th November 2012

Source: www.legalvoice.org.uk

Suitability: Of time and distance – NearlyLegal

Posted November 12th, 2012 in homelessness, housing, local government, news by sally

“With perfect timing, a County Court section 204 appeal judgment reaches us, on the issue of suitability of temporary accommodation. With the context of out of borough placements and the post Localism Act situation, this seemed worth considering and quoting in detail.”

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NearlyLegal, 12th November 2012

Source: www.nearlylegal.co.uk

‘Homeless Legislation – a thing of the past?’ – NearlyLegal

Posted November 12th, 2012 in homelessness, housing, local government, news by sally

“Now that the Guardian has the story, I feel able to quote a briefing paper by Andy Gale of the DCLG that had found its way to me. This is the briefing that Andy Gale has been giving to Council officers (not councillors, as far as I know) on what he gives as the DCLG view of the post-Localism Act world, how Councils should implement it, and how officers should sell this to Councillors.”

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NearlyLegal, 10th November 2012

Source: www.nearlylegal.co.uk

Local Government Law Update – 11 KBW

Local Government Law Update: 28 August (PDF)

11 KBW, 28th August 2012

Source: www.11kbw.com