Equality Act and ‘reasonable to remain’

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 the day. She requires 24-hour care, including intimate […]

‘No DSS’ and discrimination

The BBC ran a new report today on a case in Birmingham. The headline – “Landlords who say ‘no DSS’ breaking equality laws” – was, as we shall see, somewhat misleading, but the report did indeed cover a discrimination claim against a letting agency who had refused to consider a woman and single mother as […]

“Real misery is being caused to no good purpose”

DA & Ors, R (On the Application Of) v Secretary of State for Work and Pensions (2017) EWHC 1446 (Admin) This was the judicial review of the ‘reduced’ benefit cap – £20,000 pa  outside London, £23,000 in London, brought by claimants who were all single mothers with children, including children under two years old. The claim […]

Community contribution, priority stars and discrimination

XC, R (on the application of) v London Borough of Southwark [2017] EWHC 736 (Admin) This was a judicial review of Southwark’s allocation policy as it applied to transfers. Specifically, the issue was whether Southwark’s policy, in awarding ‘priority stars’ for ‘community contribution’ discriminated against women and the disabled. There is a substantial backstory to XC’s […]

Succession, partners and bright line rules

Turley v London Borough of Wandsworth & Anor [2017] EWCA Civ 189 Did the pre Localism Act 2011 succession rules for a secure tenancy amount to a breach of article 8 and 14 (private life and non-discrimination), and if so, should a declaration of incompatibility be made if the Housing Act 1985 could not be read […]

Doing the same thing twice, expecting different results.

After some noises in the press that a reconsideration was underway, the government, via the DWP, has decided that it is going to go ahead with removing housing benefit (or rather ‘housing costs element’ of Universal Credit) from anyone under the age of 22. The regulations, which were announced on last Friday afternoon, while the […]

Tales of the private sector

A collation of cases and stories from the private sector, and a series of reminders that a database of rogue landlords, and indeed banning orders, can’t come soon enough. In Sheffield, John Cashin was convicted of 56 offences involving HMO management, failure to provide information, failure to licence and property conditions: Five properties, on Abbeydale […]

Allocation & unreasonable behaviour

YA v London Borough of Hammersmith And Fulham [2016] EWHC 1850 (Admin) YA was in care with H&F for a number of years and was now a care leaver. During that previous period as a child in care, he had committed a number of criminal offences, though these were spent under Rehabilitation of Offenders Act 1974 […]