Equality Act and ‘reasonable to remain’

Lomax v Gosport Borough Council (2018) EWCA Civ 1846 This was a second appeal on a homeless application by Ms L to Gosport. Ms L “suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of the day. She requires 24-hour care, including intimate […]

Facing up to it

Kamara v London Borough Of Southwark (2018) EWCA Civ 1616 In Makisi & Ors v Birmingham City Council (2011) EWCA Civ 355 (our report), the Court of Appeal decided that the right to make ‘oral submissions’ in response to a ‘minded to’ letter under 8(2) of the 1999 Review Procedures Regulations meant a right to request ‘face to […]

A question of authority – settled accommodation

Well now. I’m not sure what to make of this. The Supreme Court has refused permission to appeal in Doka v London Borough of Southwark. But… Doka v Southwark concerned what could amount to ‘settled accommodation’ for homelessness matters, and specifically for ‘breaking the chain’ of intentional homelessness. Our report on the Court of Appeal […]

Late and late again – intentional homelessness and benefit claims

Oduneye v Brent London Borough Council (2018) EWCA Civ 1595 (not on Bailii yet – judgment on Lexis) This was a second appeal from a s.204 appeal on Brent’s decision that Ms O was intentionally homeless. Ms O was in person. She had sought an adjournment to seek legal representation but this was a fortnight […]

Homelessness and capacity

In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance.  The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was […]

Late review decisions and homeless appeals

Muloko v Newham LBC, County Court at Central London 6 April 2018 This is from a note of the judgment in June 2018 Legal Action – Housing: Recent Developments. I usually wait a month or two on reporting cases from Legal Action, but I report it now as it has some considerable importance, at least […]

Capacity and applications: Homelessness

Last night, I was in Leeds at the wonderful Centre for Law and Social Justice, and discussed with some scholars and lawyers (over a few drinks) the way in which housing law appears to have become its own isolated and insular sub-discipline.  This was particularly in the context of human rights and capacity decisions.  I […]

Accommodation pending Appeal – where to appeal a refusal?

Davis v Watford Borough Council (2018) EWCA Civ 529 A technical appeal on a point of construction of Housing Act 1996 on homelessness appeals that has considerable practical importance. Usually when a s.204 appeal is being issued, and the council has refused to accommodate pending the appeal under s.204(4), the route to take is to […]

More vulnerability

Rother DC v Freeman-Loach [2018] EWCA Civ 368 is the latest installment on the interpretation of vulnerability for the purposes of homelessness law, with a sting in the tail about s 204A appeals.  Mr Freeman-Loach suffered from ostoarthritis, anxiety and depression, and, following a couple of strokes (the last in 2013), a speech impediment and […]

Bits and pieces

Yes, I know we still need to write up Rother District Council v Freeman-Roach (2018) EWCA Civ 368 on the approach to ‘significantly more vulnerable’ in homeless review decisions, and we will, we will. And there are other cases too. I also want to write something on the ‘housing court’ idea that is floating around. But […]