ECtHR and Social Housing-Two Recent Judgements

Happi v France 9/4/15 (judgement in French only) Mr H lives with his family in unsatisfactory and hazardous accommodation in Paris. On 28/12/10, Paris’ Administrative Court ordered the Ile-de-France authority to provide the family with urgent accommodation. This was followed by a further decision on 31/1/12 ordering the authority to pay a fine and to […]

No duty of care in allocation decisions

Darby (administratrix of the estate of Lee Rabbetts deceased) v Richmond Upon Thames LBC [2015] EWHC 909 (QB) [Not on Bailii, we’ve seen the judgment]. Can a council’s failure to carry out its responsibilities under its allocation scheme be the subject of a claim in breach of duty of care? This was the hearing of […]

Part 7 and capacity

R (MT) v Oxford CC, High Ct, (Lawtel note only as far as I can tell) is an interesting little case on capacity and homelessness Mr MT lacks capacity and is unable to manage his housing or financial affairs. He (or, I suspect, his father who was also his litigation friend) applied to Oxford CC […]

Zambrano carers and social assistance

There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role.  And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance […]

Qualification criteria and allocations: An outlier?

In R(Hillsden) v Epping Forest DC [2015] EWHC 98 (Admin), McCloskey J held the council’s allocation scheme valid in circumstances which, I must say, did not seem propitious to the council.  The council’s new allocation scheme, which came in to force in September 2013, had a qualification criterion which required applicants to have a continuous residence for […]

A return of sanity: Allocation and reasonable preference

Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438 Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly described as disappointing, it is good to see one that is definitely right, albeit apparently reluctantly given. […]

Only connect – allocation priority

Just a brief note, partly about Barnet’s Allocation policy and partly about the surprising way that things can develop from a blog post. In September 2014, I noted that Barnet’s proposed changes to its allocation policy had the effect of excluding domestic violence victims from any priority for social housing, where that had had the […]

A Thursday stuffed with housing stuff

A busy Thursday for housing law, not yet law, housing benefits and housing misc. Item one.  A Scottish Upper Tribunal is to hear a room size appeal on 18 September. This is one of the first Fife decisions. It is not the lead case in the English Upper Tribunal and may well be the first […]

A longer waiting to wait

Barnet Council are consulting on changes to their 2012 Allocation policy. The main change proposed is that the current ‘residence requirement’ of two years be increased to five years. That is to say that no-one would be eligible for Barnet’s housing register without five years demonstrable residence in the borough.  (And yes, this applies to […]

Impossible Preference: Excluding the homeless from housing lists

R (Jakimaviciute) v LB Hammersmith and Fulham [2013] EWHC 4372 (Admin) [Not generally available yet. I’ve seen a transcript] This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and […]