What do points mean? (No prizes)

Woolfe, R (On the Application Of) v London Borough of Islington [2016] EWHC 1907 (Admin) Another allocation judicial review, related, but perhaps distinct from the line of ‘reasonable preference’ cases we have previously seen. The issue, in part, Islington’s use of a ‘points threshold’ for allowing bidding for properties, though not for qualification to the […]

Vulnerability after Hotak/Johnson/Kanu

I strongly suspect that at some point in the next year we will get at least one Court of Appeal case on the meaning of ‘vulnerability’ in homeless priority decisions after the Supreme Court decision in Hotak v Southwark LBC [2015] UKSC 30  (our note). In the meantime, thanks to the July/August Legal Action Housing: […]

Housing needs and household members

Jones v Luton Borough Council [2016] EWHC 2036 (Admin) This was a judicial review of a decision by Luton Council Housing Appeals and Review Panel not to offer Mr Jones a tenancy of the property of which Mr J’s late father was the tenant, but instead offer a one bed property. Mr J’s mother and […]

Facing the Facts

R (on the application of Hoyte) v London Borough of Southwark [2016] EWHC 1665 Admin is a useful decision of the High Court on the subject of repeat homelessness applications. Ms Hoyte is a 58 year old woman with a history of mental health problems and a diagnosis of major depressive disorder, who had been […]

Gatekeeping special

This has been quite a week for issues about Local Authorities gatekeeping homeless applications coming to the fore. This post addresses practices and policies of three councils. Eastbourne BC, LB Haringey and Bournemouth BC. Eastbourne BC Eastbourne’s conduct of a homeless application was the subject of this Local Government Ombudsman decision. Quite unusually, the Ombudsman […]

Got needs that need assessing

Smajlaj, R (on the application of) v London Borough of Waltham Forest [2016] EWHC 1240 (Admin) What is the extent of the duty under section 192 Housing Act 1996? This duty, owed to those who are homeless and eligible, not intentionally homeless, but not in priority need, has tended to amount to little more than […]

Homelessness eligibility – revisions underway

The following note appeared on the Doughty Street Chambers site. Anyone with clients (or applicants) in a similar position – in particular leave to remain granted under Appendix FM of the immigration Rules – should take note. The DCLG has indicated that those granted Article 8 ‘leave to remain’ (and have recourse to public fund) […]

Questions and Answers

O, R (on the application of) v London Borough of Lambeth [2016] EWHC 937 (Admin) A judicial review of a decision on a s.17 Children Act 1989 assessment of a homeless, non-eligible family. The issues were the extent of investigations required, and legitimate conclusions to be drawn from a lack of information provided. The claim […]

Foxtons declare war on the homeless

The London Evening Standard has a story which is simultaneously unsurprising yet startling in its blatancy. A landlord had entered an agreement to let the property through CityWest Homes – Westminster Council’s housing entity. This was the private letting arm of CityWest. As I have been informed, in this instance the proposed CityWest tenant would not […]