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 […]

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 […]