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With grateful thanks as ever to the Legal Action Magazine Housing: Recent Developments section for information on these (and they are not noted till those reports are publicly accessible), a couple of county court cases of interest. Assured Property Service...
Cherry v LB Tower Hamlets. County Court at Central London, 11th January 2018 This is a s.204 appeal of a 'not vulnerable' review decision by LB Tower Hamlets. It is of particular interest because of the consideration of the role and place of the 'medical...
In a week of depressing, worrying news on homelessness - of which more below - there were at least two bits of good news. First, in Gureckis, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin) the Government's...
A Local Government Ombudsman Report on the actions of Maidstone Borough Council towards a homeless household makes for depressing reading. Both for the actions (and inactions) of the Council and for what it lays bare about the attitude to the homeless. Mr...
Doka v London Borough of Southwark [2017] EWCA Civ 1532 The issue in this second appeal was what amounts to 'settled accommodation', sufficient to break the chain of causation of intentional homelessness. Mr D was homeless and in priority need. However,...
Panayiotou v London Borough of Waltham Forest (2017) EWCA Civ 1624 This is an important court of appeal decision on the meaning of 'significantly' in Lord Neuberger's definition of vulnerability under s.189(1)(c) Housing Act 1996 in Hotak v Southwark LBC...
The DCLG has published the draft statutory code of guidance to accompany the Homelessness Reduction Act (in force from April 2018). The draft code is now subject to 8 weeks consultation. The DCLG has also announced the fairly small additional sums that...
Thomas v Lambeth LBC, County Court at Central London, 16 March 2017 This is a s.204 appeal in the County Court of a vulnerability decision by Lambeth. A copy of the transcript of judgment is here. Of particular interest is that the judgment concerns and...
Dacorum Borough Council v Bucknall (aka Acheampong) [2017] EWHC 2094 (QB) When is temporary accommodation provided under the Housing Act 1996 Section 193(2) duty occupied 'as a dwelling' fo the purposes of Section 3 Protection from Eviction Act 1977? We know...
Trindade v London Borough of Hackney (2017) EWCA Civ 942 A second appeal of a homeless decision that Ms T was intentionally homeless, on the issues of whether Ms T's actions were "an act or omission in good faith on the part of a person who was unaware of...
This is going to be a very short post on a very long judgment - 275 paragraphs worth. The main case was on the right to education under article 2 of the First Protocol to the European Convention on Human Rights, in relation to a local authority's failure to...
C, R (on the application of) v The London Borough of Islington (2017) EWHC 1288 (Admin) C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but...