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 […]

From ‘pillar to post’

In a judgment of undisguised anger, Cobb J described the conduct of LB Tower Hamlets and LB Havering as “shameful” in the way in which they treated AM and his family.  I haven’t come across Cobb J before but his judgment in AM v Tower Hamlets LBC and Havering LBC [2015] EWHC 1004 (Admin) is just […]

On the Road Again

With remarkable speed, the Supreme Court has handed down its judgement in Nzolameso v Westminster City Council , having announced immediately after the hearing on 17/3/2015 that the appeal would be allowed, with reasons to follow. The facts of the case can be found in our earlier post on the Court of Appeal judgement (although, oddly, there is […]

Care orders and accommodation pending appeal

Our post on Nzolameso v City of Westminster [2015] UKSC 22 is here, but behind the headlines of the judgment (and it is a good judgment) is a whole history, even between the Court of Appeal and Supreme Court hearings. R(N) v Westminster City Council [2015] EWHC 799 (Admin) (26 February 2015) [Not on Bailii, we’ve […]

Expectations are not existing facts.

Enfield LBC v Najim (2015) CA (Civ Div) 04/03/2015 [Note on Lawtel and here. Not on Bailii yet] This was Enfield’s appeal from a s.204 appeal quashing Enfield’s decision and review decision that Ms N was intentionally homeless. Ms N had a one year assured shorthold tenancy. She had withheld rent on three occasions: on the […]

The judicial review of regulations on funding judicial review

Ben Hoare Bell Solicitors & Ors, R (On the Application Of) v The Lord Chancellor [2015] EWHC 523 (Admin) The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the Lord Chancellor lost, but no remedy decided yet. (Disclaimer, I […]

Southwark gatekeeping: All of the wrong

R(Anon) v LB Southwark (Claim No CO/2035/2014 – settled by consent) Courtesy of Hansen Palomares Solicitors comes news of this settled Judicial Review of LB Southwark’s gatekeeping practices on homeless applications. It appears, to put it mildly, that Southwark have had a range of what should have been obviously unlawful policies on homeless applications, and […]

Violent Conduct and Homelessness

A brief note on Hussain v LB Waltham Forest [2015] EWCA Civ 14, which concerns the definition of ‘other violence’ in s.177(1) of the Housing Act 1996. In Yemshaw v LB Hounslow [2011] UKSC 3, the Supreme Court held that ‘violence’ under s.177(1) included behaviour which fell short of actual physical contact with the victim. The […]

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 […]

Babes out of the Forest

The out of borough temporary accommodation position continues to get worse, with increasing numbers of homeless shipped out of borough (and for London councils, often out of London). London Councils (pace Nzolameso v Westminster CC ) have put the DCLG ‘Supplementary Guidance on the homelessness changes in the Localism Act 2011 and on the Homelessness […]