Once someone is in temporary accommodation, following an acceptance of the full housing duty to a homeless person by the local authority, what happens when that temporary accommodation becomes unreasonable for the household to continue to occupy, but...
Vulnerability and incapacity benefit
Mangion v Lewisham LBC only appears on lawtel as an ex tempore judgment on 11.12.08 so if somebody out there has a transcript/better note of the Court of Appeal's judgment, that would be helpful to understand this decision. What appears to have happened is...
Homeless review, Reg 8(2) and changed facts
Reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 provides that if a reviewing officer on s.202 review considers: that there is deficiency or irregularity in the original [s.184] decision, or the manner in which it...
Catch-up miscellany
Thanks, as ever, to Jan Luba and Nic Madge in Legal Action for putting out notes on cases, including those that don't make the reports. There were a few of those in December's Legal Action that are worth a mention - of course, all I have to go on is the LA...
Sad News
We are saddened to be told of the untimely death of Bob Lawrence. Some of us knew him, some of us knew of him, but hadn't had the chance to meet him. As many readers of NL will know, Bob Lawrence was a special adviser at the DCLG and a driving force behind...
A Curious Footnote
Mich-Onyibe v Wandsworth LBC (04/11/08, CA, judgment currently unavailable otherwise than by way of e-flash from Arden Chambers) is a kind of a curious footnote to homelessness law. Wandsworth accepted that they owed the full Part VII housing duty to Ms...
Homelessness fact finding and Article 6
What more could you wish for on a Friday afternoon that a bit of homelessness law in the Court of Appeal? Don't answer that. Anyway, on to Ali & Ibrahim v Birmingham City Council [2008] EWCA 1228. Two joined appeals, one on behalf of Ms Ali and one on...
Rough Sleepers, Rough Justice
R (RJM) (FC) v Secretary of State for Work and Pensions [2008] UKHL 63 This House of Lords judgment is now just under two weeks old, but I think it is still worthy of comment here. It is a discrimination case dealing with benefits and rough sleepers, but...
On ramps and suitability
Boreh v London Borough of Ealing [2008] EWCA Civ 1176 was an appeal from a s.204 appeal of a s.202 review that upheld a finding that a property offered in discharge of s.192(3) duty was suitable. Mrs Boreh was owed the full housing duty by Ealing. Ealing...
Manchester CC v Moran – Lords appeal
One of Nearly Legal's band of information elves (sorry H) brings news that Sharon Moran in Manchester City Council v Moran [2008] EWHC Civ 378 has been given leave to appeal to the Lords. This was the important Court of Appeal case on women's refuges and...
Addiction, relapse and priority need
Simms v London Borough of Islington [2008] EWCA Civ 1083 is Court of Appeal case from a s.204 appeal. The issue was vulnerability, the Pereira test, and the use of medical evidence. Mr Simms was homeless,sleeping in his car, having lost his home after losing...
Aweys v Birmingham in the Lords date
The hearing of Birmingham's appeal to the Lords from this Court of Appeal judgment is listed for 26 January 2009. No news yet on what it is that Brum are actually appealing and on what grounds.