The worst Part VII homeless decision ever?

There are bad homeless decisions by local authorities. We’ve all seen them. Findings of intentional homelessness for being evicted for complaining about a broken shower, or being evicted for getting pregnant in an HMO that didn’t allow children. Decisions that stated that being sexually assaulted was just one of those things that happened to homeless […]

How many reviews?

In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews […]

Jurisdiction: s. 204 appeals

Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable […]

Relevance and homelessness

Safi v Sandwell BC (2018) EWCA Civ 2876 can be regarded as a footnote of some significance in the factors which are relevant in determining whether a household is homeless for the purposes of s. 175, Housing Act 1996.  (And, as a footnote to that footnote, a point for the cognoscenti of review processes: it is interesting […]

Hiatus brief updates (and job ad)

Quick couple of cases to note (no analysis), a bit of news and a job ad. Two linked appeals on out of borough/out of London Homelessness review decisions – Alibkhiet v London Borough of Brent v City of Westminster  (2018) EWCA Civ 2742 Upper Tribunal (Lands Chamber) on costs under a ‘contemplation of a s.146 notice’ […]

Suitability and s.193 accommodation

Anon v LB Lewisham, Central London County Court, 5 July 2018 (Transcript of Judgment here) This was a s.204 appeal of a s.202 review on suitability of temporary accommodation provided to the appellant by Lewisham. This was originally temporary accommodation provided under s.188 Housing Act 1996, but following Lewisham accepting the full housing duty, it […]

Weekend assortment

Some bits and pieces, of various levels of jaw dropping. MHCLG have produced updates for the Homelessness Code of Guidance. Under Chapter 8 ‘Priority need’, there is a new section 8.40: 8.40 Any person who may reasonably be expected to die of a progressive illness within the next 6 months, or is in receipt of […]

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 […]