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
Category: homelessness
When a deficiency makes no difference – NearlyLegal
“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.”
NearlyLegal, 3rd February 2013
Source: www.nearlylegal.co.uk/blog/
Ibrahim v Wandsworth London Borough Council – WLR Daily
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
“Southampton and Winchester Visitors Group, which supports destitute refugees, may be hit by sweeping legal aid cuts.”
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.”
Hardwicke Chambers, 30th November 2012
Source: www.hardwicke.co.uk
Samin v Westminster City Council – WLR Daily
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
“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.”
NearlyLegal, 22nd November 2012
Source: www.nearlylegal.co.uk/blog/
Charles Terence Estates Ltd v Cornwall Council – WLR Daily
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
“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.”
LegalVoice, 13th November 2012
Source: www.legalvoice.org.uk
Suitability: Of time and distance – NearlyLegal
“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.”
NearlyLegal, 12th November 2012
Source: www.nearlylegal.co.uk
‘Homeless Legislation – a thing of the past?’ – NearlyLegal
“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.”
NearlyLegal, 10th November 2012
Source: www.nearlylegal.co.uk
Law criminalising squatting to be challenged in court by cottage dweller – The Guardian
“Irene Gardiner bringing case against Crown Prosecution Service and police over law change that could make her homeless.”
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.”
NearlyLegal, 27th August 2012
Source: www.nearlylegal.co.uk/blog/
Injunctions for accommodation, judicial review and prospects of success – NearlyLegal
“This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim.”
NearlyLegal, 26th August 2012
Source: www.nearlylegal.co.uk/blog/
Suitability. On expired beds and shared bathrooms – NearlyLegal
“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.”
NearlyLegal, 23rd August 2012
Source: www.nearlylegal.co.uk
Case law argues London’s priced out tenants are ‘homeless’ – The Guardian
“Legal precedent demands that tenants unable to meet unaffordable housing costs are legally homeless. What does this mean in today’s London?”
The Guardian, 21st August 2012
Source: www.guardian.co.uk
Vulnerable people on remand need help – and not just from the Prison Service – The Guardian
“It may be written by the chief inspector of prisons, but don’t be fooled – this report is about social justice not crime.”
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).”
NearlyLegal, 7th July 2012
Source: www.nearlylegal.co.uk
