Law criminalising squatting to be challenged in court by cottage dweller – The Guardian

Posted September 3rd, 2012 in Crown Prosecution Service, homelessness, news, police, squatting by tracey

“Irene Gardiner bringing case against Crown Prosecution Service and police over law change that could make her homeless.”

Full story

The Guardian, 31st August 2012

Source: www.guardian.co.uk

JL and the Second Bite of the Cherry – NearlyLegal

“There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012] EWHC 2216 (Admin) [not yet on Bailii], heard by Justice Simler QC on 30/7/2012.”

Full story

NearlyLegal, 27th August 2012

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

Injunctions for accommodation, judicial review and prospects of success – NearlyLegal

Posted August 29th, 2012 in homelessness, housing, injunctions, judicial review, local government, news by tracey

“This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim.”

Full story

NearlyLegal, 26th August 2012

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

Suitability. On expired beds and shared bathrooms – NearlyLegal

Posted August 24th, 2012 in homelessness, housing, judicial review, local government, news by sally

“Just how bad and inappropriate does temporary accommodation have to be to be unsuitable? There is an interesting post by David Thomas on the Anthony Gold ‘Housing and Public Law’ blog about a settled Judicial Review that highlights this issue.”

Full story

NearlyLegal, 23rd August 2012

Source: www.nearlylegal.co.uk

Case law argues London’s priced out tenants are ‘homeless’ – The Guardian

Posted August 21st, 2012 in homelessness, housing, London, news, rent, reports by sally

“Legal precedent demands that tenants unable to meet unaffordable housing costs are legally homeless. What does this mean in today’s London?”

Full story

The Guardian, 21st August 2012

Source: www.guardian.co.uk

Local Government Law Update – 11 KBW

Posted August 7th, 2012 in homelessness, human rights, local government, news, repossession by sally

Local Government Law Update: 31 July (PDF)

11 KBW, July 2012

Source: www.11kbw.com

Vulnerable people on remand need help – and not just from the Prison Service – The Guardian

Posted August 6th, 2012 in bail, budgets, homelessness, local government, news, prisons, remand by sally

“It may be written by the chief inspector of prisons, but don’t be fooled – this report is about social justice not crime.”

Full story

The Guardian, 2nd August 2012

Source: www.guardian.co.uk

Refusing irrationally – NearlyLegal

“When can a Local Authority refuse to accept an application as homeless? This was a judicial review of Birmingham City Council’s refusal to accept a homeless application by the Claimant, Ms May, ostensibly on the basis that there was no change in facts from her previous application(s).”

Full story

NearlyLegal, 7th July 2012

Source: www.nearlylegal.co.uk

Local Government Law Update – 11 KBW

Posted June 26th, 2012 in homelessness, local government, news by sally

Local Government Law Update (PDF)

11 KBW, 20th June 2012

Source: www.11kbw.com

El Goure v Kensington and Chelsea Royal London Borough Council – WLR Daily

Posted May 22nd, 2012 in appeals, homelessness, housing, law reports, local government by sally

El Goure v Kensington and Chelsea Royal London Borough Council [2012] EWCA Civ 670; [2012] WLR (D) 155

“Although the legislation did not lay down the criteria of special circumstances in relation to priority need for housing homeless persons, a separated parent’s reasonable expectation that his children, who were living with their other parent, would move to live with him did not impose an obligation on the local housing authority to consider the parent’s case as special circumstances case for priority needs. Where an applicant for housing was represented by solicitors the failure of the authority expressly to notify the solicitor so that they could make representations in connection with the review did not invalidate the decision of the review officer to uphold the authority’s decision rejecting an application for priority need housing.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

Maswaku v Westminster City Council – WLR Daily

Posted May 22nd, 2012 in appeals, homelessness, housing, law reports, local government by sally

Maswaku v Westminster City Council [2012] EWCA Civ 669; [2012] WLR (D) 153

“Section 193(5) of the Housing Act 1996 did not impose any statutory obligation on the local housing authority to spell out each and every possible consequence if an eligible homeless applicant refused temporary alternative accommodation offered which the authority considered to be suitable for him.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

Bubb v Wandsworth London Borough Council – WLR Daily

Posted November 11th, 2011 in appeals, homelessness, housing, judicial review, law reports, local government by tracey

Bubb v Wandsworth London Borough Council: [2011] EWCA Civ 1285;  [2011] WLR (D)  323

“A county court judge hearing an appeal on a point of law under section 204 of the Housing Act 1996, against a review of whether a local housing authority owed a duty to a homeless person under the 1996 Act, had no jurisdiction to find the relevant primary facts for himself. The judge’s function was to consider whether the reviewing officer’s decision should be quashed on judicial review grounds.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

Mitu v Camden London Borough Council – WLR Daily

Posted November 3rd, 2011 in appeals, homelessness, housing, law reports, local government by sally

Mitu v Camden London Borough Council [2011] EWCA Civ 1249; [2011] WLR (D) 310

“Where a local authority, having decided that an applicant was intentionally homeless and not in priority need, decided on review of the application that the applicant’s homelessness was not intentional, it had a duty by section 192(2) of the Housing Act 1996 to provide or arrange for the provision of advice and assistance, and a discretion by section 192(3) of the 1996 Act to provide accommodation. Failure to consider the exercise of that discretionary power, if it affected the fairness of the decision, was a procedural deficiency requiring the local authority to give the applicant notice of its intended decision and allow him to make further representations either orally or in writing.”

WLR Daily, 1st November 2011

Source: www.iclr.co.uk

Guardian Focus podcast: squatters’ rights – The Guardian

Posted October 6th, 2011 in homelessness, podcasts, squatting by sally

“Hugh Muir examines whether home owners need more protection from squatters – and what effect criminalisation will have on the homeless.”

Podcast

The Guardian, 6th October 2011

Source: www.guardian.co.uk

Plea to ministers on squatting law – The Independent

Posted October 5th, 2011 in homelessness, news, squatting by sally

“The Government has been urged not to criminalise squatting after a report found it would lead to an increase in some of the most vulnerable homeless people sleeping rough.”

Full story

The Independent, 4th October 2011

Source: www.independent.co.uk

Ken Clarke: Prisoners must work in jail – The Independent

Posted October 5th, 2011 in drug abuse, homelessness, news, prisons, recidivists, rehabilitation, squatting by sally

“Prisoners should carry out work while in jail as part of the process of tackling the growing ‘feral underclass’, Justice Secretary Ken Clarke said today.”

Full story

The Independent, 4th October 2011

Source: www.independent.co.uk

Families made homeless by riots will be compensated – The Guardian

Posted August 12th, 2011 in arson, compensation, homelessness, news, violent disorder by sally

“At least 100 families are thought to have been made homeless by arson and looting since Saturday with the government pledging sufficient funds to give financial assistance to others whose homes have been damaged.”

Full story

The Guardian, 11th August 2011

Source: www.guardian.co.uk

Options for dealing with squatters – Ministry of Justice

Posted July 14th, 2011 in consultations, homelessness, housing, news, squatting by tracey

“Options for dealing with squatters – impact assessment.”

Full text

Ministry of Justice, 13th July 2011

Source: www.justice.gov.uk

Criminalising squatters could make more people homeless, says report – The Guardian

Posted July 14th, 2011 in homelessness, housing, illegality, news, squatting by tracey

“The government’s own impact assessment of plans to criminalise squatting has acknowledged that it could boost homelessness and rough sleeping, and target those who are already suffering from mental health and addiction problems.”

Full story

The Guardian, 13th July 2011

Source: www.guardian.co.uk

Oxford City Council v Bull – WLR Daily

Posted May 24th, 2011 in appeals, homelessness, law reports, local government by sally

Oxford City Council v Bull [2011] EWCA Civ 609; [2011] WLR (D) 169

“Where the father of children who resided with their mother, from whom he was separated, allowed them to share his one-room accommodation, he became homeless intentionally, within the meaning of section 191(1) of the Housing Act 1996, on being evicted from that accommodation.”

WLR Daily, 18th May 2011

Source: www.iclr.co.uk

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