Not a disciplinary stick – PSED and homeless reviews – Nearly Legal

Posted April 14th, 2020 in appeals, disabled persons, equality, homelessness, housing, local government, news by sally

‘We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in possession proceedings in Luton Community Housing v Durdana. Now, in these joined appeals, the Court of Appeal turns its attention to PSED in homeless decisions and reviews.’

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Nearly Legal, 12th April 2020

Source: nearlylegal.co.uk

Supreme Court Rejects Appeal in Serco Lock Change Evictions Case – But What Effect Has the Human Rights Challenge Already Had? – UK Human Rights Blog

‘Serco is a private company that was contracted by the UK Home Office between 2012 and 2019 to provide accommodation to asylum seekers living in Glasgow. In July 2018, Serco began to implement the “move on protocol” – a new policy of changing locks and evicting asylum seekers without a court order if they were no longer eligible for asylum support. This put around 300 asylum seekers – who had no right to work or who had no right to homeless assistance – at risk of eviction and homelessness in Glasgow without any court process.’

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UK Human Rights Blog, 8th April 2020

Source: ukhumanrightsblog.com

What a difference a PSED makes… – Nearly Legal

‘Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at the tenant’s instigation.’

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Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

What’s in an appeal? – Nearly Legal

Posted April 8th, 2020 in appeals, homelessness, housing, jurisdiction, local government, news by sally

‘What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way.’

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Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

Court of Appeal rules for council in case on eviction for rent arrears against backdrop of domestic violence – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal over whether it was not reasonable for the appellant to stay in a property from which she was evicted for rent arrears given that there was evidence she had been subjected to domestic violence.’

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Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

Draft in haste… Coronavirus restrictions and homelessness – Nearly Legal

‘Here are emergency regulations, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, made today. These, amongst many other things, deal with what commercial premises may open, or must be closed, and – to the point here – restrictions on individual movement.’

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Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

Home Office to hold on evicting asylum seekers during lockdown – The Guardian

‘The Home Office will stop evicting asylum seekers from government accommodation for the next three months while the UK remains in coronavirus lockdown, the British Red Cross has said.’

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The Guardian, 28th March 2020

Source: www.theguardian.com

Judge gives guidance on application to Court of Appeal for interim relief – Local Government Lawyer

Posted March 26th, 2020 in appeals, civil procedure rules, homelessness, housing, local government, news by sally

‘Lord Justice Hickinbottom has given guidance on making applications to the Court of Appeal for interim relief, in a housing case he declined to conclude because it had become academic.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Ombudsman threatens council with legal action over lack of co-operation – Local Government Lawyer

Posted February 20th, 2020 in homelessness, local government, news by sally

‘Folkestone and Hythe Council was threatened with a court summons by the Local Government Ombudsman over its handling of a complaint about its treatment of a homeless family.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

British woman repeatedly trafficked for sex after Home Office failures – The Guardian

‘A young and highly vulnerable British sex trafficking victim was re-trafficked by county lines drug gangs on multiple occasions after the Home Office repeatedly refused to fulfil its legal obligation to provide her with safe accommodation.’

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The Guardian, 16th February 2020

Source: www.theguardian.com

Court of Appeal provides important guidance on late homelessness appeals, recognising the “difficulties faced by homelessness applicants in bringing an appeal… without legal advice and representation” – Garden Court Chambers

Posted February 6th, 2020 in appeals, chambers articles, homelessness, news, time limits by sally

‘Giving judgment in the case of Al-Ahmed v Tower Hamlets London Borough Council [2020] EWCA Civ 51 on 30 January 2020, the Court of Appeal gave important guidance on when a homeless applicant may be permitted to bring an appeal outside of the 21-day time limit, against a local authority’s decision on his or her homeless application. It rejected a High Court decision which had found that the requirements of bringing a homelessness appeal were not ‘especially sophisticated or taxing’ and therefore there was not a good reason why Mr Al Ahmed could not have issued the appeal as a litigant in person during the time limit.’

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Garden Court Chambers, 30th January 2020

Source: www.gardencourtchambers.co.uk

Out of time but not out of mind – Nearly Legal

‘We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good reason for filing an appeal out of time because, well, the substance of any appeal should be obvious to an unrepresented homeless applicant. We expressed considerable doubts about the realism of this decision at the time. Now, as it turns out, the Court of Appeal has had similar doubts.’

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Nearly Legal, 2nd February 2020

Source: nearlylegal.co.uk

Applicant wins Court of Appeal battle over whether difficulty finding legal advisers was “good reason” for delay in homelessness appeal – Local Government Lawyer

‘The Court of Appeal has overturned a High Court ruling that the fact a homeless applicant was unrepresented and seeking legal aid was not a “good reason” for delay in bringing an appeal under s.204 of the Housing Act 1996 against an adverse review decision under the homelessness provisions of that Act.’

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Local Government Lawyer, 31st January 2020

Source: www.localgovernmentlawyer.co.uk

Council rapped over treatment of pregnant woman who was made homeless – Local Government Lawyer

Posted January 8th, 2020 in duty of care, homelessness, housing, local government, news, ombudsmen, pregnancy by sally

‘The London Borough of Tower Hamlets has agreed to consider service resources and “the changes it needs to make to work in line with the law” after a Local Government and Social Ombudsman investigation into how a pregnant woman, who approached the council for help when she was made homeless, was left in an unfurnished flat, miles from her support network.’

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Local Government Lawyer, January 2020

Source: www.localgovernmentlawyer.co.uk

High Court quashes decision by council to refuse to accept second homelessness application over failure to consider new medical evidence – Local Government Lawyer

‘A Deputy High Court judge has quashed a decision by a borough council to refuse a claimant’s second homelessness application, after it failed to take into account new medical evidence.’

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Local Government Lawyer, 16th December 2019

Source: www.localgovernmentlawyer.co.uk

Homelessness and Offending Rates – An Inextricable Link – Pump Court Chambers

Posted November 28th, 2019 in homelessness, housing, imprisonment, local government, news, probation by sally

‘The Homelessness Reduction Act (HRA) 2017 came into effect on 3rd April 2018 and places new legal duties on local authorities so that everyone who is homeless, or at risk of homelessness, should have access to meaningful help, irrespective of their priority need status, as long as they are eligible for assistance. The Act amends part VII of the Housing Act 1996 and is arguably the biggest change in homelessness legislation since the Housing
(Homelessness Persons) Act 1977.’

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Pump Court Chambers, 12th November 2019

Source: www.pumpcourtchambers.com

Suitability when? Review and decision dates – Nearly Legal

Posted November 27th, 2019 in appeals, families, homelessness, housing, local government, news by sally

‘The Court of Appeal on section 202 Housing Act 1996 reviews of suitability and what facts should be relevant at the time of review.’

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Nearly Legal, 26th November 2019

Source: nearlylegal.co.uk

Homelessness: High Court Challenge Against ‘Begging Fines’ Granted – Rights Info

‘Human rights campaigners have launched a landmark legal bid to determine whether homeless people are being “criminalised” by fines against begging and leaving bedding in doorways.’

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Rights Info, 8th November 2019

Source: rightsinfo.org

A third of women at the biggest female jail are spending just three weeks or less in prison – Daily Telegraph

Posted November 5th, 2019 in homelessness, news, prisons, recidivists, rehabilitation, sentencing, statistics, women by sally

‘A third of the inmates at Europe’s largest female jail spend three weeks or under behind bars, watchdogs have revealed.’

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Daily Telegraph, 4th November 2019

Source: www.telegraph.co.uk

High court to hear crowdfunded challenge to ‘begging fines’ – The Guardian

‘A landmark high court case will determine whether fines for begging, loitering and leaving bedding in doorways unfairly targets homeless people, after a fundraising campaign for legal costs reached its target.’

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The Guardian, 4th November 2019

Source: www.theguardian.com