C v Oldham Council. (2024) EWCC 1 (Judgment can be found here) Hynek v LB Islington. Central London County Court 24 May 2024 (copy of judgment) These are two s.204 appeals which address the effect of the Withdrawal Agreement (The Agreement of the Withdrawal...
County court homelessness appeal assortment
AB v London Borough of Barnet. County Court at Central London, 1 October 2020. HHJ Saunders (Unreported. Copy of judgment here.) A s.204 Housing Act 1996 appeal of a review decision that an offer of accommodation in West Yorkshire was suitable in discharge...
Homeless eligibility amends and deposit discretions
The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 have (finally) been made to come into force on 30 October 2016. These sort out the anomaly highlighted in Romans v Southwark LBC and SSDCLG and Alabi v SSDCLG...
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...
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...
Zambrano carers and social assistance
There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama - they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for...
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"...
New Regulations 1 – ‘Zambrano’ eligibility
In response to Zambrano (C-34/09) the Government has laid new regulations today, to come into force on 9 8 November 2012. The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations...
Housing eligibility via a child?
Not sure how this one didn't make it on to the blog before... Back in March 2011, the Court of Justice of the European Union gave judgment in Zambrano (C-34/09) [For a report on that judgment, see Free Movement, here] The upshot of Zambrano was that where a...
Morris dancing
Bah v The United Kingdom - 56328/07 [2011] ECHR 1448 This is a decision of the European Court of Human Rights on the regulations for eligibility for housing support, after the declaration of incompatibility in Westminster v Morris [2005] EWCA Civ 1184. It is...
Homelessness, Workers and ‘effective employment’
Falastin Amin v Brent LBC, Wandsworth County Court 2011 A county court s.204 appeal on the issue of eligibility of an EU citizen as a 'wroker'. While it is not binding, it sets out a clear position which, given the involvement of Minos Perdios in the review...