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...
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...
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...
Corrections, omissions, blusters
Several notes/rantlets* There will be a new prescribed Section 8 Notice Seeking Possession in force from 6 April 2016. The regulations and new form 3 can be found here. This is a prescribed form, so must be used. A 'where we are now' story on...
Scenes from a disaster
The Commons Communities and Local Government Select Committee has begun an enquiry into homelessness. The written submissions from Councils, charities, campaigners, professional organisations and others are a stark illustration of a homeless system...
Is a mere roof enough?
Niema Abdusemed v Lambeth LBC (2016) QBD (Admin) (Ouseley J) 19/02/2016 (Not on Bailli yet. On lawtel as note of extempore judgment). An application for interim relief in a judicial review of Lambeth's refusal to provide interim accommodation...
Failing on systematic failings
Edwards & Ors, R (on the application of) v Birmingham City Council [2016] EWHC 173 (Admin) This was a quite extraordinary judicial review (or rather four joined judicial review claims with another 16 cases put in evidence in support) in which...
EU ineligibility for housing
Mirga and Samin v Secretary of State for Work and Pensions & Anor [2016] UKSC 1 In Mr Samin's appeal, the Supreme Court considered the meaning of “a person from abroad who is not eligible for housing assistance” section 185(1) of Housing Act...
Discretion, lip service and s188(3)
Barrett, R (On the Application Of) v City of Westminster Council [2015] EWHC 2515 (Admin) We're very late with this one for reasons which are no doubt entirely reasonable, but currently escape me. A judicial review of a refusal (or repeated...
Ealing Comedy
R (on the application of A) v Ealing London Borough Council (2015) QBD (Admin) (Patterson J) 16/12/2015 (Not on Bailii yet, note on lawtel) Back in August, Ealing's allocation policy was found to be unlawful in HA, R (On the Application Of) v...
When to call it a day…
Gitere, R (on the application of) v Secretary of State for the Home Department [2015] EWHC 3336 (Admin) The risks of a client deciding to go it alone at the last stage of judicial review proceedings. Mr G is an asylum seeker, awaiting the outcome...
Vulnerability after Hotak – first High Court case?
R (on the Application of Omar) v Wandsworth LBC, (2015) QBD (Admin) (Ouseley J) 11/11/2015 (not on Bailii yet, note of extempore judgment on Lawtel). A tantalising lawtel note on what appears to be the first higher court decision on vulnerability...