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A couple of news items, both relating to homelessness policies. First, following a judicial review challenge, LB Lambeth has agreed to end its ‘Temp2Settled’ Scheme. Under this scheme, since 2014, homeless applicants were promised higher priority on the...
Mitchell, R (On the Application Of) v London Borough of Islington (2020) EWHC 1478 (Admin) Where a local authority has an initial s.188 Housing Act 1996 duty to provide interim accommodation, but then makes a s.184 decision that the applicant is not in...
Gil v London Borough of Camden (2020) EWHC 735 (QB) This was an application for permission to appeal the dismissal of a s.204 appeal for being out of time. (It was either one or two days out of time, depending). The application was dismissed because a) the...
In a rare these days bit of good news, the Government have announced that the Domestic Abuse Bill will be amended to make being a victim domestic abuse priority need for the purposes of local authorities homelessness housing duty. This follows strong...
LB v London Borough of Tower Hamlets (2020) EWCA Civ 439 A second appeal on a homelessness review, where a finding of intentional homelessness had been upheld, raising an important point on whether events or factors post-dating the decision or action that...
McMahon v Watford Borough Council (2020) EWCA Civ 497 (and Kiefer v Hertsmere Borough Council ) We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in possession proceedings in Luton Community Housing v...
James v Hertsmere Borough Council (2020) EWCA Civ 489 What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way. Mr James...
If, in a judicial review application, you have been refused on an application for interim relief on the papers, where you you go to challenge that decision? Nolson, R (on the application of) v Stevenage Borough Council (2020) EWCA Civ 379 This was an...
Here are emergency regulations, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, made today. These, amongst many other things, deal with what commercial premises may open, or must be closed, and - to the point here - restrictions...
MHCLG have - to their credit - been quite clear about the position for some hotels - where they are providing room for the homeless by arrangement with a local authority, they should remain open. Unfortunately, it appears that some hotel chains, at...
When does the main housing duty under s. 193, Housing Act 1996 to provide suitable accommodation to 'successful' homeless applicants, who currently are in a property, take effect? Such a simple and important question; such tortured authorities, inflected by...
Al Ahmed v London Borough of Tower Hamlets (2020) EWCA Civ 51 We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good...