Tag Archive for 'accommodation'

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: , .

Accommodating ‘formerly relevant children’

By NL on 24/10/2010. 0 Comments

SO, R (on the application of) v London Borough of Barking and Dagenham [2010] EWCA Civ 1101

I’m a bit slow in getting to this one (and the rest of our backlog). We’re all more than a little busy. My apologies.

This is the Court of Appeal hearing of a case that first surfaced as a more than surprising result in a Judicial Review decision – [2010] EWHC 634 (Admin) [which we unaccountably missed at the time] – in which the court found that a Local Authority could derive no power to provide accommodation for a ‘formerly relevant child’ under s.23C(4)(c) Children Act 1989, although the primary issue at JR … Read the full post

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

Ibrahim/Teixeira guidance

By NL on 18/05/2010. 8 Comments

The DWP has issued guidance to decision-makers on benefit entitlement in the wake of Ibrahim and Teixeira (our report here) in the European Court, for when there is a likely Article 12 Regulation (EEC) No 1612/68 derived right for a child or children to remain to complete education. A copy of the guidance can be found here [link to PDF. Thanks to Disability Alliance]. The guidance is interesting not just for benefit entitlement, but it is a fair guess that housing authorities would follow a similar line.

A couple of things strike me about the guidance. One is the insistence that the Claimant must be primary carer AND … Read the full post

Posted in Benefits, Community care, Homeless and Housing law - All. Tags: , , , , .

Not their decision to make

By NL on 03/05/2010. 0 Comments

Birmingham City Council v Clue [2010] EWCA Civ 460

Ms Clue was a Jamaican national. She and her oldest daughter were given leave to come to the UK in 2000 as visitors. After 6 months, she applied for leave as a student, which was refused after appeal in 2003. No steps were taken to remove Ms Clue or her daughter. Ms Clue had 3 children while in the UK, whose father was a UK citizen and who where therefore UK citizens. The children’s father supported Ms Clue until 2007. In October 2007, Ms Clue applied for indefinite leave to remain on the basis that the oldest child had been living … Read the full post

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

Long on principle, short on detail

By NL on 21/10/2009. 0 Comments

S (A Child), R (on the application of) v Plymouth City Council [2009] EWHC 1499 (Admin)

Not sure how we missed this one and thanks to the Legal Action housing updates for the elbow to the ribs.

This was a permission hearing on an application for judicial review of Plymouth Council’s handling of a child in need under s.17 Children Act 1989, specifically how accommodation needs were dealt with.

S was an 11 year old child who was autistic and had behavioural difficulties. He lived with his mother and brother. it was not in issue that he was a child in need for the purposes of the Act. The family … Read the full post

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

Child 'requires accommodation'

By NL on 21/05/2009. 5 Comments

R (G) v Southwark [2009] UKHL 26 was the appeal to the House of Lords of this Court of Appeal judgment. At issue was whether Southwark could effectively avoid its s.20 Children Act duty to accommodate a homeless child by referral to the Housing Department by way of application under Part VII Housing Act 1996. The earlier post gives the factual background, but briefly G was 17 when he approached Southwark Social Services, after being thrown out of his family home and sofa surfing with friends. Southwark assessed him as having primary needs in housing and education, and suggested referrals to the HPU and to other agencies, including social … Read the full post

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

Avoiding s.20 duties to children?

By NL on 05/12/2008. 1 Comment

I am strangely and unaccountably late with this one – I can only presume it was released late by Bailii and it was August anyway. But finally, here is R(M) v Barnet LBC [2008] EWHC 2354 (Admin), a judicial review on a decision to assist a 17 year old under s.17 Children Act 1989, rather than s.20, and thereby avoiding the continuing care and assistance duties that follow from s.20.

M had a difficult relation with her parents, particularly her father. She had repeatedly left the family home before. In 2006, she left home. There were unsubstantiated accusations of abuse. She presented to the London Refuge. Barnet carried out an … Read the full post

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