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?”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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?”

Full story

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

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

The Independent, 24th March 2013

Source: www.independent.co.uk