Relationship breakdown and intentional homelessness

Amanda Carthew v Exeter County Council (2012) CA (Civ Div) 4 December 2012 [Not on Bailii, on lawtel only as a note – if anyone has more information or a transcript of judgment, we’d be very grateful…] Where a homeless applicant had previously transferred their interest in a property to a former parter during a […]

Disputed facts, s.204 appeals and Article 6 to the ECtHR?

You may recall Ms Ali of Ali & Ibrahim v Birmingham CC (heard in the Supreme Court as Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 (our report here) The issue in Ms Ali’s case was a dispute of fact about whether an offer of accommodation letter containing a warning of discharge of […]

Deja Vu All Over Again (and again)

In Samin v Westminster CC [2012] EWCA Civ 1468 [not on bailii yet – lawtel has a transcript], the Court of Appeal had to decide what was meant by someone being “temporarily unable to work” so as to determine if Mr Samin retained his status as a “worker” under the Immigration (European Economic Area) Regulations […]

JR, the rule of law, and administrative justice

According to Cameron, there is a need to restrict the right to judicial review to ensure the country’s economic competitiveness.  As he put it, judicial review should, therefore, cost more, have shorter deadlines, and fewer rights of appeal.  This is so that “people think twice about time wasting” .  As the MoJ put it: The […]

A cautionary tale

In R(Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin) [not on Baili yet, but apparently on Lawtel], the Divisional Court signalled its intention to get much tougher on out of hours administrative court applications to the duty Judge.  The (unnamed) solicitor was basically called to explain to the court why […]

Suitability: Of time and distance

With perfect timing, a County Court section 204 appeal judgment reaches us, on the issue of suitability of temporary accommodation. With the context of out of borough placements and the post Localism Act situation, this seemed worth considering and quoting in detail. Arfon Abdi v LB Waltham Forest. Bow County Court 2 July 2012 [We […]

‘Homeless Legislation – a thing of the past?’

[Update at the end of the post 15/11/2012] Now that the Guardian has the story, I feel able to quote a briefing paper by Andy Gale of the DCLG that had found its way to me. This is the briefing that Andy Gale has been giving to Council officers (not councillors, as far as I […]

Deja Vu All Over Again

Konodyba v Royal Borough of Kensington and Chelsea [2012] EWCA Civ 982 This was an appeal against a decision that a homelessness applicant was not eligible for assistance. It’s been on my blogging to-do list since July, for which I can only apologise. The appeal raised some unusual and interesting issues. We’ve met the applicant, […]

Costs and s.204 Appeals

None of us I think can be blamed for presuming that in statutory homelessness appeals, costs ought to follow the event. It seems, though, that not all judges view appeals in this way and the Court of Appeal will shortly be looking at this issue in the case of Lu v LB Southwark B5/2012/2107. The case in […]

Homelessness post Localism Act – Statutory Guidance

The DCLG has released statutory guidance on: the changes that the Localism Act 2011 makes to the homelessness legislation. It also provides guidance on the Homelessness (Suitability of Accommodation) (England) Order 2012. This supplements parts of the Homelessness Code of Guidance for Local Authorities published in July 2006. The guidance can be found here. [Link updated […]