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...
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...
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...
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...
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...
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...
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...
Oh the Humanity!
'Humanity Torbay' is apparently a charitable incorporated organisation, and one that has worthy, if semi literate, aims. So it would be a little surprising to find Humanity Torbay being described as vigilantes by the local council and told to stop their...
There can be only one!
The MHCLG have announced a consultation 'Strengthening consumer redress in the housing market', which primarily about reviewing and reforming Ombudsman schemes in the housing sector, with the proposal floated for a single Ombudsman/redress scheme across the...
Homelessness Reduction Act Code of Guidance (mostly) out
MHCLG has published the Statutory Code of Guidance for the implementation of the Homelessness Reduction Act 2017, with just over a month to go until it is in force (3 April 2018). 25 chapters and one annex are here (with no downloadable version in evidence...
Children Act and Housing – (not) joining the dots.
J and L, R (on the application of) v London Borough of Hillingdon (2017) EWHC 3411 (Admin) This is a very interesting judicial review, concerning the interrelation of a council's housing duties under Part 6 and Part 7 Housing Act 1996 and duties to children...
News bits
A post on a significant gas certificate/s.21 case will follow shortly, but for now a couple of news items... Regulations have been made bringing the Homelessness Reduction Act into force on 3 April 2018. The Statutory Code of Guidance has not yet been...