The DWP has issued guidance to decision-makers on benefit entitlement in the wake of Ibrahim and Teixeira (our report here) in the European Court, for when there is a likely Article 12 Regulation (EEC) No 1612/68 derived right for a child or children to...
These we have missed/didn’t know about
As ever, the Housing updates in Legal Action for May 2010 contains news of a few homelessness cases that are otherwise unreported and which hadn't reached us - primarily County Court decisions or applications for permission for JR or appeal that didn't make...
M not G
TG, R (on the application of) v London Borough of Lambeth [2010] EWHC 907 (Admin) Or when is a child in need not a child in need? This was the judicial review of Lambeth's decision not to support TG as a 'former relevant child', he being over 18. The...
Not their decision to make
Birmingham City Council v Clue [2010] EWCA Civ 460 Ms Clue was a Jamaican national. She and her oldest daughter were given leave to come to the UK in 2000 as visitors. After 6 months, she applied for leave as a student, which was refused after appeal in...
Failed asylum seeker – accommodation, not support
R (Kiana) v Secretary of State for the Home Department (2010) QBD(Admin) 20/04/2010. [ Note of extempore judgment on Lawtel] [Now full judgment on Bailii] Mr Kiana came to the UK and applied for asylum. He subsequently lived with his partner and they had a...
Suitability: Norris v MK
In Norris v Milton Keynes Council [2010] EWCA Civ 77 (not on Baili, Lawtel or Westlaw yet, but, thanks to the Chief's special powers, we have a copy), Rimer LJ considered that a second appeal was merited on two points - LAG, which brought this case to our...
Homeless children – new guidance
The Secretary of State for Communities and Local Government and the Secretary of State for Children, Schools and Families have issued new guidance to local housing authorities and local social services authorities on housing obligations owed to 16 and 17...
Five go to Mornington Crescent
[aka Three out of the Five go ever so slightly bonkers on the way to Mornington Crescent, and one of those three gets lost on the way] On the Radio 4 show, I'm sorry I haven't a clue, there is a game called Mornington Crescent, in which there are no rules...
‘Minded to’ letters and oral representations
Bury Metropolitan Borough Council v Gibbons [2010] EWCA Civ 327 This was the Court of Appeal judgment on a second appeal from a s.204 Housing Act 1996 appeal in the County Court. At issue were the Circuit Judge's findings that Bury had: a) failed to give...
Permission 2 – given: EU child and Homeless duty
Lekpo-Bozua v Hackney LBC [2010] EWCA Civ 222 [Not on Bailii] Ms L-B had applied to Hackney as homeless. Hackney accepted that she was eligible, homeless, not intentionally homeless and in priority need, because her niece, a child, lived with her. However,...
Probably wrong but wholly academic
Raw, R (on the application of) v London Borough of Lambeth [2010] EWHC 507 (Admin) This case is a vivid illustration of the difficulties of challenging a Local Authority's apparent homelessness gatekeeping practices, or alternatively, if you are a Local...
Right of residence and children in education
LB Harrow v Ibrahim C‑310/08 on reference from the Court of Appeal (LB Harrow v Ibrahim and another [2008] EWCA Civ 386. Our note here). The question was whether: (a) children of EU citizens who have installed themselves in a member state during the exercise...