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...
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...
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...
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...
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...