Archive for the 'Community care' Category

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‘Not otherwise available’

By NL on 14/08/2011. 3 Comments

SL v Westminster City Council & Ors [2011] EWCA Civ 954

This is a significant judgment by the Court of Appeal on the ambit of s.21(1)(a) National Assistance Act 1948. It addresses the interrelation of ‘care and attention’ and the provision of accommodation. While the decision does not follow the Local Authorities’ demand that ‘care and attention’ must be such that it cannot be provided otherwise than by provision of accommodation, it does moderate, or limit, the division of asylum seekers (and failed asylum seekers) into the able bodied, for whom any assistance was only by NASS (now UKBA), and the infirm, who fell under s.21(1)(a).

The High Court judgment … Read the full post

Posted in Community care, FLW case note and Housing law - All. Tags: , .

Someone to watch over me

By NL on 12/05/2011. 1 Comment

R (Nassery) v London Borough of Brent [2011] EWCA Civ 539

This was the appeal of a judicial review of Brent’s decision on provision of care and accommodation under section 21 National Assistance Act 1948.

Mr N was an Iranian asylum seeker (granted indefinite leave to remain during the course of the case). He suffered from mental illness. In late 2008 he had applied for assistance under s.21. Although he had subsequently become eligible for housing assistance under Part 7 Housing Act 1996, he did not consider that the provision of accommodation alone under HA 1996 would be suitable, so no homeless application had been made and no decision as … Read the full post

Posted in Community care, FLW case note, Homeless and Housing law - All. Tags: , .

Only Connect

By NL on 08/05/2011. 14 Comments

TG, R (on the application of) v London Borough of Lambeth (Shelter Intervening) [2011] EWCA Civ 526

The disconnection between Local Authority Social Services and housing departments has been a frequent topic here and in the courts, not least in the House of Lords decisions in R (G) v Southwark LBC [2009] UKHL 26 and R (M) v Hammersmith and Fulham LBC [2008] UKHL 14. There has also been plenty of Government guidance on the issue, both statutory and non-statutory: the 1999 “Working Together to Safeguard Children”; the 2000 “Framework for the Assessment of Children in Need and their Families”; the Homeless Code of Guidance in various versions; the 2008 … Read the full post

Posted in Community care, FLW case note, Homeless and Housing law - All. Tags: , , .

My place, not yours

By NL on 02/05/2011. 0 Comments

R (MK & Anor) v Secretary of State for the Home Department (2011) CA (Civ Div) 14/4/2011 [Not on bailii, only a case note on lawtel].

Sorry to be late getting to this one, I was hoping that a full transcript would become available. It hasn’t so I’m relying on a Lawtel note of the judgment.

Briefly, this was an appeal from a judicial review of the Home Secretary’s decision to refuse to provide support such as food vouchers to MK under s.4 Immigration and Asylum Act 1999 powers. MK was a failed asylum seeker. He had begun living with a British national with whom he had a relationship. On … Read the full post

Posted in Community care, FLW case note and Housing law - All. Tags: , .

A (further) symbolic consultation

By Dave on 18/03/2011. 0 Comments

Readers of my previous notes of the “consultation” exercises undertaken by the coalition government will readily appreciate that I am not the best person to write about a further symbolic consultation, being lead by DCLG, on what it terms “burdens” (indeed, such is the normalised use of this expression that the email address to respond to this consultation is pejoratively: burdens@communities.gsi.gov.uk) as part of the “direction of travel” to decentralisation (dontchajustlove those euphemisms). It transpires that “burdens” refers to every single statutory duty affecting local government, including those imposed by SI and guidance. So far, 1294 such duties have been identified by DCLG – I feel for the poor … Read the full post

Posted in Community care, FLW article, Homeless, Housing law - All and Regulation and planning.

Care and attention v keeping a watch over

By NL on 10/01/2011. 0 Comments

SL, R (on the application of) v City of Westminster Council [2010] EWHC 3182 (Admin)

A rolled up permission and substantive judicial review hearing on the issue of whether the local authority owed a duty under s.21 National Assistance Act 1948 (as amended), with the complication that NASS had accepted a duty to accommodate in the meantime.

SL was an Iranian asylum seeker. He sought asylum on the basis that he was gay and faced persecution in Iran. His application was rejected, but he made a fresh application which is not yet determined (and the approach of UKBA may have been changed by HJ Iran v Secretary of State for … Read the full post

Posted in Community care, FLW case note, Homeless and Housing law - All. Tags: , , .

Not telling you..

By NL on 01/11/2010. 0 Comments

R (WG) v Local Authority A [2010] EWHC 2608 (Admin) [Not on Bailii yet]

This is a downright odd case, an application for judicial review where the Claimant’s solicitors came off the record at hearing, Claimant’s counsel (the in-the-circumstances heroic Zia Nabi), was left without instructions but felt duty bound to make submissions on the relevant law, where the Defendant Council had been trying to do more or less what it was supposed to do, and where the Claimant refused to be identified, even to the Court.

As far as I can tell, this is a sequel to AB v (A Council), a Court of Appeal homelessness case in … Read the full post

Posted in Community care, FLW case note and Housing law - All. Tags: , .
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