The public sector equality duty and priority need

We are (or more accurately I am) a bit late on this one. It is quite important though and the fact I have only just written it up should not detract from that. In Kanu v Southwark LBC [2014] EWCA Civ 1085, the Court of Appeal considered whether the public sector equality duty added an […]

Trouble out west

In O’Brien v Bristol CC [2014] EWHC 2423 (Admin) [heard at the RCJ instead of in the Bristol admin court?  Not on Bailii yet but we have seen a transcript], a range of issues arose out of the council’s decision to seek and obtain a possession order of an unauthorised encampment below the M5 at Avonmouth. […]

Temporary accommodation at a peppercorn rent

This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application. R (OAO Yekini) v LB Southwark [2014] EWHC 2096 (Admin)  [Not on Bailii yet. I've got a transcript] Just to set the scene, Ms […]

Bad reviews and a future of bunk beds

m4s0n501 Temur v London Borough of Hackney [2014] EWCA Civ 877 This second appeal to the Court of Appeal from a s.204 Housing Act 1996 appeal raises three important questions. Unfortunately, the answers to them are rather brief and rather negative. The issues are i) whether a s.202 review of a s.184 decision can come […]

Pregnancy and Worker Status

Saint Prix v SSWP Case C-507/12 must be one of the more obvious decisions of the CJEU in the sense that the outcome should have been apparent (although the rationale less so), but no less important because of that.  The question on reference from the UKSC was, in essence, whether somebody who becomes pregnant loses […]

What’s the Din?*

In Haile v Waltham Forest LBC [2014] EWCA Civ 792, the question for the Court of Appeal was the relevant date for determining whether an applicant is intentionally homeless.  On the facts, this was a significant question: Ms Haile had left her room in a hostel on 25th October 2011 to go to stay with a […]

Not a Good Idea

One to be filed under ‘Do not do this, ever’. R (Grimshaw) v LB Southwark [2013] EWHC 4504 (Admin) [Not on Bailii, I've seen a transcript] This started out well enough, as a judicial review claim of Southwark’s decision to terminate temporary accommodation. Soon after issue and interim relief had been granted, Southwark entered into […]

Not adding up

As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils, the issue of affordability becomes more and more important. Both intentional homeless decisions and suitability decisions can rest on affordability. The Court of Appeal considered […]