Hundreds of convicted sex offenders are missing, new figures show – The Guardian

Posted March 10th, 2015 in freedom of information, homelessness, news, police, sexual offences, statistics by tracey

‘A total of 396 registered sex offenders – who are supposed to be monitored by police and inform authorities if they change address – are missing across the UK, with some out of contact with police for more than a decade, according to freedom of information responses to the Press Association.’

Full story

The Guardian, 10th March 2015

Source: www.guardian.co.uk

Expectations are not existing facts – Nearly Legal

‘Enfield LBC v Najim (2015) CA (Civ Div) 04/03/2015. This was Enfield’s appeal from a s.204 appeal quashing Enfield’s decision and review decision that Ms N was intentionally homeless.’

Full story

Nearly Legal, 5th March 2015

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

Blow for MoJ as regulations on judicial review and legal aid ruled unlawful – Local Government Lawyer

‘The Government’s introduction through regulations of a “no permission, no fee” arrangement for making a legally aided application for judicial review was unlawful, the Divisional Court has ruled.’

Full story

Local Government Lawyer, 4th March 2015

Source: www.localgovernmentlawyer.co.uk

The judicial review of regulations on funding judicial review – NearlyLegal

‘The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the Lord Chancellor lost, but no remedy decided yet. (Disclaimer, I submitted a witness statement in support of the Claimants in this case, on the impact on homeless judicial reviews in particular. So you are warned of any possible partiality.)’

Full story

NearlyLegal, 3rd March 2015

Source: www.nearlylegal.co.uk

Southwark gatekeeping: All of the wrong – NearlyLegal

Posted February 23rd, 2015 in homelessness, housing, judicial review, local government, news, public interest by sally

‘Courtesy of Hansen Palomares Solicitors comes news of this settled Judicial Review of LB Southwark’s gatekeeping practices on homeless applications. It appears, to put it mildly, that Southwark have had a range of what should have been obviously unlawful policies on homeless applications, and even put them into leaflets and their website.’

Full story

NearlyLegal, 22nd February 2015

Source: www.nearlylegal.co.uk

Zambrano carers and social assistance – NearlyLegal

Posted February 16th, 2015 in appeals, benefits, carers, citizenship, EC law, equality, homelessness, housing, human rights, news by sally

‘There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. Leading QCs and junior barristers appeared on all sides in a right ding dong that is bound to end up at the Supreme Court, which almost certainly will refer the issues to the CJEU. It also provides a glimpse of how the recent, potentially contradictory, judgments of the CJEU in Brey and Dano are, or might be, treated (although it looks like the UKSC will have the next bite of those rather earlier, in the Mirga and Samin appeals in March) and the question of the ambit of “social assistance”, which in itself is not uninteresting, is also raised, but parked by the CA, in these appeals ([84] – note: this is an important point for the future).’

Full story

NearlyLegal, 12th February 2015

Source: www.nearlylegal.co.uk

Supreme Court to hear appeal over offer of accommodation 50 miles away – Local Government Lawyer

Posted February 5th, 2015 in appeals, homelessness, housing, news, Supreme Court by sally

‘The Supreme Court has given a homeless mother of five permission to appeal a ruling that upheld a London borough’s offer of accommodation near Milton Keynes.’

Full story

Local Government Lawyer, 4th February 2015

Source: www.localgovernment.co.uk

Babes out of the Forest – NearlyLegal

‘The out of borough temporary accommodation position continues to get worse, with increasing numbers of homeless shipped out of borough (and for London councils, often out of London). London Councils (pace Nzolameso v Westminster CC ) have put the DCLG ‘Supplementary Guidance on the homelessness changes in the Localism Act 2011 and on the Homelessness (Suitability of Accommodation) (England) Order 2012‘ at naught.’

Full story

NearlyLegal, 2nd February 2015

Source: www.nearlylegal.co.uk

Hussain v Waltham Forest London Borough Council – WLR Daily

Hussain v Waltham Forest London Borough Council [2015] EWCA Civ 14; [2015] WLR (D) 21

‘The phrase “other violence” in section 177(1) of the Housing Act 1996 covered not only physical violence (actual or threatened) but other threatening or intimidating behaviour or abuse, if of such seriousness that it might give rise to psychological harm.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

Supreme Court homeless appeals – Law Society’s Gazette

‘Three landmark appeals being heard this week should clarify who is ‘vulnerable’ and entitled to priority rehousing by local authorities.’

Full story

Law Society’s Gazette, 16th December 2014

Source: www.lawgazette.co.uk

Housing: Homeless Persons and Review of Accommodation Needs – No. 5 Chambers

Posted December 11th, 2014 in homelessness, housing, local government, news by sally

‘This paper considers some selected topics in the broad (and full of case law) topic of homeless persons, together with a brief mention of the duty of local housing authorities to carry out a review of accommodation needs.’

Full story (PDF)

No. 5 Chambers, 9th December 2014

Source: www.no5.com

Supreme Court to hear challenge to key test on homelessness and vulnerability – Local Government Lawyer

‘The Supreme Court will next week hear three cases where homeless applicants for housing assistance are seeking to challenge the Pereira test of vulnerability.’

Full story

Local Government Lawyer, 11th December 2014

Source: www.localgovernmentlawyer.co.uk

Too many young adults go from ‘in care’ directly to jail – The Independent

Posted December 8th, 2014 in benefits, care homes, homelessness, news, prisons, young offenders, young persons by sally

‘Young adults leaving care are being let down by the justice system, according to a new academic study. Despite up to a third of the current prison population having experienced the care system, criminal justice professionals are ignorant of ways to help young care leavers stay out of jail, it warns.’

Full story

The Independent, 7th December 2014

Source: www.independent.co.uk

Tragedy of Latvian migrant who buried her baby alive after police decided they couldn’t help her – Daily Telegraph

Posted December 8th, 2014 in birth, homelessness, infanticide, mental health, news, prostitution by sally

‘A hearing at the Old Bailey hears Elita Amantova, 39, was living off berries and bread left out for the birds before she gave birth.’

Full story

Daily Telegraph, 5th December 2014

Source: www.telegraph.co.uk

R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) – Supreme Court

R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) [2014] UKSC 62 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Errors, damn errors, and statistics: Ajilore v Hackney LBC – NearlyLegal

Posted November 18th, 2014 in appeals, homelessness, housing, local government, mental health, news, statistics, suicide by sally

‘With the Supreme Court set to look at priority need this December, Ajilore v Hackney [2014] EWCA Civ 1273 may prove to be a brief footnote in the evolution of the bloated Pereira test. But, at least for the next four weeks, it tells us something about the construction of the “ordinary homeless person” against which, post Johnson v Solihull [2013] EWCA Civ 752, applicants for homeless assistance are assessed.’

Full story

NearlyLegal, 16th November 2014

Source: www.nearlylegal.co.uk

R (Jakimaviciute) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted November 13th, 2014 in appeals, homelessness, housing, law reports, local government by tracey

R (Jakimaviciute) v Hammersmith and Fulham London Borough Council: [2014] EWCA Civ 1438; [2014] WLR (D) 478

‘The power of a local housing authority under section 160ZA(7) of the Housing Act 1996 to set the qualification criteria for registration on a housing allocation scheme under that Act was subject to the authority’s duty under section 166A(3) of the 1996 Act to secure that reasonable preference was given to specified classes of people, including those who were owed a housing duty under section 193(2) of that Act.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

Court of Appeal holds as unlawful part of allocation scheme adopted by council – Local Government Lawyer

Posted November 12th, 2014 in appeals, homelessness, local government, news by tracey

‘Part of an allocation scheme adopted by a London council was unlawful, the Court of Appeal has ruled. In Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438 the claimant challenged the legality of Hammersmith & Fulham’s scheme, which was adopted with effect from April 2013.’

Full story

Local Government Lawyer, 11th November 2014

Source: www.localgovernment lawyer.co.uk

Single mother-of-five made homeless by benefits cap turns to Supreme Court over Westminster Council’s attempts at ‘social cleansing’ – The Independent

Posted October 29th, 2014 in appeals, benefits, families, homelessness, housing, news, Supreme Court by sally

‘A single mother-of-five who was made homeless after resisting Westminster Council’s attempt to move the family 50 miles from the capital is applying to the Supreme Court to review her case.’

Full story

The Independent, 29th October 2014

Source: www.independent.co.uk

The Long and Winding Road – NearlyLegal

Posted October 27th, 2014 in appeals, benefits, homelessness, housing, local government, news by sally

‘The facts in Nzolameso v Westminster CC are pretty unremarkable, but the effects of the Court of Appeal’s judgement are likely to reverberate through every new homelessness application, especially in the London area.’

Full story

NearlyLegal, 26th October 2014

Source: www.nearlylegal.co.uk