About Giles Peaker

Giles is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Formerly known as NL round these parts.

Benefit Cap Judicial Review underway

Posted on 22/05/2013 by Giles Peaker

A four party judicial review of the Benefit Cap – now under pilot in 4 boroughs and to be rolled out in October – was issued today (Wednesday 22 May). Details are here.

The claimants argue that the Regulations are discriminatory and unreasonable. They also argue that the Secretary of State did not take proper account of the impact of the policy on women, children, the disabled, racial and religious minorities, and carers when formulating the policy.

I have also heard that permission was granted today by Collins J, on the basis that the claims were clearly arguable and urgent.

Meanwhile, judgment is awaited in the bedroom tax Judicial … Read the full post

Night Shelters, dwellings and housing benefit

Posted on 19/05/2013 by Giles Peaker

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.

The issue was whether OR could receive housing benefit for his stays in a night shelter hostel. The First Tier Tribunal had held that a hostel was a dwelling for the purposes of the housing benefit regulations, because the regulations said it was. However, the First Tier found that OR was not occupying it as his home.

On appeal to the Upper Tribunal, this was found to be wrong. While the regulations … Read the full post

Ambling for Justice

Posted on 15/05/2013 by Giles Peaker

We here at Nearly Legal don’t just sit around staring at the ever increasing backlog of cases to write up. Oh no. We do other things too. One of the other things some of us are doing is the London Legal Walk on Monday 20 May.

The aim of the walk is to raise funds for not for profit/free legal advice organisations. This year, the funds are more desperately needed than ever, for reasons that should be obvious to all, cuts in funds from Legal Aid, from Councils and other bodies, allied with increasing demand from prospective clients.

So, some of the NL team will be forming part of the … Read the full post

Bedroom Tax Judicial Review update

Posted on 11/05/2013 by Giles Peaker

Just to note that the 10 joined bedroom tax Judicial Review claims (for initial details see our note) are listed for full hearing on Wednesday to Friday next week (15-17 May). The claims involve a range of challenges to the regulations involving disabled adults, disabled children and children unable to share rooms for other reasons.

More details as soon as we get them.… Read the full post

The Shape of Things to Come.

Posted on 02/05/2013 by Giles Peaker

In which two [now confirmed as four] Housing Associations behave very badly in anticipation of the benefit cap.

Haringey is one of the pilot boroughs for the benefit cap, limiting the total amount of benefit, including housing benefit/LHA (and astonishingly Child Benefit) that any household can receive to £500 per week. The prospective effects of the benefit cap on housing provision and the homeless have become apparent in the astonishing actions of two [now three] Housing Associations.

First up, and in Haringey, Genesis. The Guardian reported on ‘eviction letters’ being send to Genesis tenants because of the benefit cap. Although it isn’t clear from the report, I’ve established that these … Read the full post

Job Ad

Posted on 30/04/2013 by Giles Peaker

Shelter

Shelter Training are currently recruiting freelancer trainers to deliver advanced housing and homelessness courses in central London and at venues throughout England. Please see below for further details.

Become a trainer… Read the full post

Tories to regulate private rented sector? Don’t get excited…

Posted on 29/04/2013 by Giles Peaker

The detail of this may have passed you by at the time, it certainly did me, but amongst the wind and posturing of David Cameron’s ‘big speech’ in March on stopping immigrants from getting things from healthcare to driving licences was quite a significant snippet on the private rental sector.

You have probably already registered the proposals for what Cameron calls ‘state sector’ housing – presumably meaning social housing – which is to introduce statutory allocation guidance:

New migrants should not expect to be given a home on arrival. And yet at present almost one in ten new social lettings go to foreign nationals. So, I am going to introduce
… Read the full post

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