Tag Archive for 'gatekeeping'

This message will self destruct in 15 seconds

By NL on 17/10/2010. 0 Comments

Khazai & Ors, R (on the application of) v Birmingham City Council [2010] EWHC 2576 (Admin)

We’ve been waiting for this one. Mutterings about the ‘Birmingham email case’ have been around for a bit. This is a judicial review which is something of a sequel to Kelly & Mehari v Birmingham CC (our report, bailii transcript), and as with that case, deals with apparent gatekeeping by Birmingham City Council.

Back in December 2009, in Kelly & Mehari, the Court had found that there was an apparent unlawful policy by Brum to not deal with s.188 interim accommodation on homeless applications. Birmingham had stated that it would revise … Read the full post

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

Probably wrong but wholly academic

By NL on 15/03/2010. 7 Comments

Raw, R (on the application of) v London Borough of Lambeth [2010] EWHC 507 (Admin)

This case is a vivid illustration of the difficulties of challenging a Local Authority’s apparent homelessness gatekeeping practices, or alternatively, if you are a Local Authority, a clear example of tactical defences to such a challenge.

The problem is that a claim for judicial review seeking to address, in part, the lawfulness of a policy, rests pretty much entirely on the impact of the policy on the individual claimant. Thus the astute Council settles the effect on the Claimant, leaving the broader policy issue as academic and pretty much impossible to pursue.

In this case, … Read the full post

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

Rumours of gatekeeping

By J on 20/11/2009. 3 Comments

News reaches us here at NL of a decision of the High Court (Birmingham District Registry) by the name of Mehari, Kelly and JI v Birmingham City Council (9 and 10 November 2009) given by Hickenbottom J. Details are sketchy and, as ever, we’d be grateful for any further information.

As we understand it, persons who apply for assistance to BCC are asked to complete a form relating to their reasons for leaving their previous accomodation. Unless BCC are satisfied that the person is at risk of harm in that accomodation, they don’t provide interim accomodation (i.e. they expect the applicant to go back to the previous accomodation).

His … Read the full post

Posted in Housing law - All. Tags: , .
row of sheds footer image
1 pages