Also with thanks to Legal Action for this one I had missed (my fault because it dates back to before my illustrious co-bloggers joined NL)... Littlejohn v City of Westminster [2007] EWCA Civ 1562. Court of Appeal permission to appeal on vulnerability. A...
Intentional homelessness and badly behaved children
This is somewhat belated - I'd missed these and the court of appeal isn't on Bailii to link to - so thanks to Legal Action for the heads up. White v Southwark LBC [2008] EWCA Civ 792 was an application for permission for a second appeal from a s.204 appeal....
Homeless eligibility issue off to the ECJ
Teixeira v London Borough of Lambeth [2008] EWCA Civ 1088 is a Court of Appeal hearing, referring questions about right of residence under Art 12 of Regulation (EEC) 1612/68 to the European Court. (This is very much a continuation of the issues in LB Harrow...
Hey, you asked…
Another in Nearly Legal's sporadic attempts at being helpful to passing internet searchers. All the questions are genuine searches from the logs, including the rather puzzling 'crinoline flint', which perhaps gives more insight into the searcher than one...
S.190 homeless duties and JR costs
I'd managed to miss this one somehow, so thanks to the Garden Court bulletin of August for mentioning it. R (Dumbaya) v Lewisham LBC [2008] EWHC 1852 (Admin) was the end point of a rather messy sounding set of proceedings. The Claimant had been accommodated...
Children Act – 'requires accommodation'
This is a significant case on whether Social Services or Housing Departments have a duty to accommodate a homeless child and whether a s.20 Children Act duty arises. G, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 877 was a case in...
Homeless maladministration
Garden Court's bulletin for 14 July (I'm catching up after the holiday) mentions a couple of interesting Local Government Ombudsman's reports on the operations of Homeless Units in Lambeth and in Haringey. Complaints 07/B/01138 & 07/B/05232 against...
Brief news
On applications for permission to appeal to the House of Lords: Omar v Birmingham City Council - Omar refused permission to appeal from this Court of Appeal judgment. Very disappointing given the ambiguity, to put it mildly, of the Court of Appeal judgment...
S.204 Appeal out of time
Barrett v LB Southwark [2008] EWHC 1568 (Comm) was an appeal of a dismissed application for permission to make a s.204 appeal out of time on an intentional homelessness decision upheld at s.202 review. For some reason it was heard in the Commercial Court (?)...
In passing…
The Housing and Regeneration bill has been amended so that homeless applicants with families who are subject to immigration control will have that family count towards priority need. This will apply for UK/EU/Commonwealth citizens. Good. That will hopefully...
Deficiency in a decision
London Borough of Lambeth v Johnston [2008] EWCA Civ 690 is an appeal to the Court of Appeal from a County Court s.204 appeal. The brief facts - the Claimant applied to Lambeth as homeless in September 2004. He told the officer he had an alcohol problem...
Suitability and marital harmony
Ahad v London Borough of Tower Hamlets [2008] EWCA Civ 606 was an application for permission to appeal from a s.204 appeal concerning a refusal of an offer of permanent accommodation. Tower Hamlets had discharged duty on the basis that the appellant had...