Tag Archive for 'Homeless'

Private Sector Accommodation and Part 7

By NL on 30/11/2010. 6 Comments

Hanton-Rhouila v Westminster City Council [2010] EWCA Civ 1334

This was a second appeal from a s.204 Housing Act 1996 appeal which had been dismissed by a Circuit Judge. Mrs Rhoulia had applied as homeless to Westminster and the appeal was of Westminster’s rejection of her application on the grounds that she was not homeless.

The basic facts were that Mrs Rhoulia had applied as homeless after being asked to leave by her sister in law, with whom she and her husband had lived since 2007. Mrs R suffered from cancer, kidney failure and severe depression. On about 28 April 2009, Westminster accepted the application, began enquiries, and offered temporary … Read the full post

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

Residing legally …

By Dave on 29/07/2010. 7 Comments

An interesting argument emerged before the Court of Appeal in Lekpo-Bozua v Hackney LBC (SoS for Communities and Local Government joined as interested party) [2010] EWCA Civ 909.  The issue arose around the difference between, on the one hand,  an entitlement to the main housing duty under section 193, Housing Act 1996, to successful homelessness applicants, and, on the other hand, the duty owed in “a restricted case” under section 193(7AA).  The restricted case material was inserted into the 1996 Act (finally) by section 314, Housing and Regeneration Act 2008, in order to deal with the declaration of incompatibility found in R(Morris) v Westminster CC [2006] 1 WLR 505 … Read the full post

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

Serving no useful purpose

By Dave on 19/07/2010. 1 Comment

In R(C) v Nottingham City Council [2010] EWCA Civ 790 (available through the Chief’s mystical powers and Lawtel [and now also on Read the full post

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

Accommodating an abducted child

By NL on 01/06/2010. 0 Comments

EA v GA & Westminster City Council & Salford City Council [2010] EWCA Civ 586 [Not on Bailii, transcript on Lawtel]

This is a little outside our usual grounds, but as it concerns the Court’s power to direct Local Authorities to accommodate a child and parent, and has interplay with S.20 Children Act 1989, it is worth a note.

The issue in this appeal was the extent of the Court’s powers to order a Local Authority to provide accommodation under Section 5 Child Abduction and Custody Act 1985.

EA, the mother, had removed J and K, the children and fled from Ireland to, first, Salford. She was Nigerian and on … Read the full post

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

These we have missed/didn’t know about

By NL on 17/05/2010. 0 Comments

As ever, the Housing updates in Legal Action for May 2010 contains news of a few homelessness cases that are otherwise unreported and which hadn’t reached us – primarily County Court decisions or applications for permission for JR or appeal that didn’t make Bailii or elsewhere.

Human Rights
Slough BC v Aden [2009] EWCA Civ 1541
Application for permission to appeal on the basis that the provision of a non secure periodic tenancy of a hostel room under the homelessness provisions of Part VII Housing Act 1996 was incompatible with Art 8 of the ECHR. Mr Aden had been found not to be in priority need and an NTQ served … Read the full post

Posted in Homeless, Housing law - All and Possession. Tags: , , , .

Advice and assistance

By NL on 03/02/2010. 0 Comments

R(Savage) v LB Hillingdon [2009] EWHC Admin 88 [not on Bailii yet, available on Lawtel].

Ms S applied to Hillingdon Council as homeless following a possession order on her private rented accommodation on grounds of rent areas. Hillingdon provided temporary accommodation then found she was homeless, eligible and in priority need, but intentionally homeless (it didn’t help that Hillingdon housing advice had previously told her to set up a direct debit for her rent). Ms S did not ask for a review and it was accepted that she was intentionally homeless.

Hillingdon’s s.184 letter quite rightly stated that Hillingdon had a duty to offer her ‘advice and assistance’ to find … Read the full post

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

Gordon Brown – the new Gladstone?

By NL on 02/10/2009. 13 Comments

As we all know, William Gladstone walked the streets of London, even while Prime Minister (1868–74, 1880–85, 1886 and 1892–94), seeking out fallen women to rescue, whether they wanted to be rescued or not.

What Gladstone did when he accosted a prostitute was to offer her a place to sleep, protection from any bully or “mackerel” who might be exploiting her, and an opportunity to think over the following handsome proposition: If she wished to do so, on due consideration, she could go to the home or hostel Gladstone helped to maintain, to stay there, eating three square meals a day and receiving any medical attention she might need, until

… Read the full post

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