Repeat homelessness applications and local connection – Garden Court Chambers

Posted February 18th, 2021 in homelessness, housing, local government, news, statutory duty by sally

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Simple passing of time and unlawful occupation of accommodation could not amount to new fact for the purposes of new homelessness application, judge finds – Local Government Lawyer

Posted February 10th, 2021 in homelessness, housing, local government, news by sally

‘A Deputy High Court judge has dismissed a legal challenge to a council’s decision to refuse to accept a fresh homelessness application from the claimant following an alleged change in his circumstances.’

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Local Government Lawyer, 9th February 2021

Source: www.localgovernmentlawyer.co.uk

Judge rules against woman who re-entered property after locks were changed – Local Government Lawyer

Posted January 21st, 2021 in homelessness, housing, local government, news, repossession, trespass by sally

‘A woman who managed, after the locks were changed, to re-enter temporary accommodation being provided by a property firm for a council was a trespasser and had no right to stay, Chelmsford County Court has ruled.’

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Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other

‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’

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Each Other, 8th January 2021

Source: eachother.org.uk

Home Office unlawfully leaving destitute and disabled asylum-seekers homeless, High Court rules – The Independent

Posted December 15th, 2020 in asylum, disabled persons, government departments, homelessness, housing, news by tracey

‘The Home Office is leaving destitute asylum-seekers homeless in breach of the law due to its failure to monitor the operations of private firms contracted to manage asylum accommodation, the High Court has ruled. In a ruling handed down on Monday morning, Justice Robin Knowles found that the five claimants in the case – all asylum-seekers considered by the Home Office itself to be “highly vulnerable” and eligible for housing support – had been left homeless for prolonged periods.’

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The Independent, 15th December 2020

Source: www.independent.co.uk

Intervening but overcrowded accommodation – Nearly Legal

Posted December 3rd, 2020 in appeals, homelessness, housing, local government, news, Supreme Court by tracey

‘Bullale v City of Westminster Council [2020] EWCA Civ 1587. An important Court of Appeal judgment on when intervening accommodation is settled so as to end the effect of a previous finding of intentional homelessness, including a careful revision of Doka v Southwark London Borough Council [2017] H.L.R. 786 (our report here) in view of the Supreme Court’s statement when refusing permission to appeal.’

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Nearly Legal, 1st December 2020

Source: nearlylegal.co.uk

Of late reviews and multiple appeals – Nearly Legal

Posted November 16th, 2020 in appeals, homelessness, housing, news, time limits by sally

‘A second appeal on the vexed issue of s.204 appeals of late or “out of time” s.202 reviews. We’ve seen this issue come up earlier this year (and indeed before) but now the Court of Appeal has had a go at it.’

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Nearly Legal, 15th November 2020

Source: nearlylegal.co.uk

Home Office ‘failed to discuss restart of asylum evictions with local authorities’ – The Guardian

‘The Home Office did not discuss the decision to restart asylum evictions with local authorities, it has been revealed, despite concerns about the immediate impact on homelessness and heightened risks of coronavirus transmission.’

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The Guardian, 14th November 2020

Source: www.theguardian.com

Tens of thousands made homeless despite UK ban on evictions during pandemic – The Guardian

‘Tens of thousands of people have been made homeless since the start of the pandemic despite a ban on evictions, the Guardian has found, with charities warning that younger people are falling through the gaps.’

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The Guardian, 8th November 2020

Source: www.theguardian.com

New Brexit law will allow vulnerable EU citizens to apply late to stay in UK – The Guardian

‘The government is to fast-track legislation it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

Tell me why – ‘Minded to’ letters and reasons – Nearly Legal

Posted October 12th, 2020 in appeals, homelessness, housing, local government, news, notification by sally

‘This was a section 204 Housing Act 1996 appeal following Lambeth’s review decision that Ms S had made herself intentionally homeless. This was the trial of a preliminary issue concerning Lambeth’s “minded to” decision letter sent during the course of the review.’

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Nearly Legal, 11th October 2020

Source: nearlylegal.co.uk

High Court judge quashes s.17 Children Act assessment made by council – Local Government Lawyer

Posted September 25th, 2020 in children, families, homelessness, housing, judicial review, local government, London, news by sally

‘A judge has strongly criticised a London borough over its handling of the assessment of a family’s accommodation needs.’

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Local Government Lawyer, 24th September 2020

Source: www.localgovernmentlawyer.co.uk

Homelessness application: Interim relief, suitability and housing benefit – Local Government Lawyer

Posted September 11th, 2020 in benefits, homelessness, housing, judicial review, local government, news by tracey

‘Clare Cullen considers a recent High Court decision to adjourn a case considering the suitability of interim accommodation where further information was required.’

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Local Government Lawyer, 11th September 2020

Source: www.localgovernmentlawyer.co.uk

Disabled homeless man wins ‘no DSS’ case against estate agency – The Guardian

‘A homeless father of four with disabilities who was refused the chance to rent a private flat because he fell foul of the estate agents’ “no DSS” rules was unlawfully discriminated against, a court has ruled.’

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The Guardian, 9th September 2020

Source: www.theguardian.com

Suitability, affordability and benefit claims – Nearly Legal

‘A interim judicial review decision from May, but judgment just out. The issue was the suitability of temporary accommodation under section 188 Housing Act 1996 (judicial review necessary, as no s.202 review option on s.188 accommodation).’

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Nearly Legal, 23rd August 2020

Source: nearlylegal.co.uk

Where to now? End of eviction ban leaves tenants fearing for future – The Guardian

‘Soon landlords will be able to take action against renters again, which many fear could lead to a rise in homelessness.’

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The Guardian, 9th August 2020

Source: www.theguardian.com

Ombudsman criticises council for mother of 6 left in bed and breakfast accommodation – Local Government Lawyer

‘A recently housed Haringey mother that had been living in a bed and breakfast since February 2020 was failed by her local council because it did not do enough to prevent her from becoming homeless, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 10th July 2020

Source: www.localgovernmentlawyer.co.uk

London councils call on government to suspend NRPF immigration status – The Guardian

Posted July 9th, 2020 in benefits, coronavirus, homelessness, immigration, local government, London, news by sally

‘London councils have called on the government to suspend the controversial “no recourse to public funds” (NRPF) immigration status during the coronavirus pandemic to prevent a rise in homelessness.’

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The Guardian, 8th July 2020

Source: www.theguardian.com

Thousands of high-risk offenders in UK ‘freed into homelessness’ – The Guardian

‘Thousands of high-risk convicted criminals, including those classed as violent and sexual offenders, were being released from prison in England into homelessness, increasing the likelihood of their reoffending, inspectors warned.’

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The Guardian, 8th July 2020

Source: www.theguardian.com

Unfurnished temporary accommodation – is it suitable? – Nearly Legal

‘A judicial review where the relevant parts played out in the early stages of the pandemic lockdown, and where the central question was whether self contained accommodation provided without a fridge, cooker and bed, was suitable within the meaning of section 206 Housing Act 1996, such that interim relief could be ordered.’

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Nearly Legal, 28th June 2020

Source: nearlylegal.co.uk