R (on the application of Hoyte) v London Borough of Southwark [2016] EWHC 1665 Admin is a useful decision of the High Court on the subject of repeat homelessness applications. Ms Hoyte is a 58 year old woman with a history of mental health problems and a...
Gatekeeping special
This has been quite a week for issues about Local Authorities gatekeeping homeless applications coming to the fore. This post addresses practices and policies of three councils. Eastbourne BC, LB Haringey and Bournemouth BC. Eastbourne BC Eastbourne's...
Homelessness eligibility – revisions underway
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 that...
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 legitimate...
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 letting...
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 homelessness...
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 that is,...
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 pending review...
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 what was in...
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 1996 (as...
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 refusal) to...
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 London Borough...