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 […]

Why are they there?

Hemans & Anor v Windsor and Maidenhead Royal Borough Council (2011) CA Civ Div 2 March 2011 [Lawtel note of extempore judgment. Not on Bailii yet] This was an appeal by Windsor of the first appeal of a Housing Act 1996 s.202 review decision  that it was reasonable for the wife to continue to occupy […]

The brilliant Baroness

Yemshaw v Hounslow LBC [2011] UKSC 3 While my NL colleagues are off partying at a secret location for lunch, I’ve managed to steal a few precious minutes from an appallingly tight deadline (Sinead: if you’re reading this, it’ll be there, honest) to write a paean of praise in honour of Baroness Hale’s judgment in […]

Physical violence only

Yemshaw v Hounslow LBC (2009) CA (Civ Div) 15/12/2009 [only as Lawtel note so far] This was an appeal to the Court of Appeal from a s.202 appeal on the issue of what ‘violence’ in s.177(1) Housing Act 1996 meant. S.177(1) provides that it is not reasonable to remain in accommodation where the person has […]

Not reasonable but suitable

Not for the first time, I (and I suspect others) have been completely wrong-footed by Baroness Hale. It would be fair to say that the House of Lords judgment in the joined appeals in Birmingham v Ali and Moran v Manchester [2009] UKHL 36 has come as something of surprise. Unfortunately, its effects will be […]

Not interesting enough

McKenzie, R (on the application of) v London Borough of Waltham Forest [2009] EWHC 1097 (Admin) was a Judicial Review initially brought on grounds that the local authority refused to provide the claimant with temporary accommodation following her notification by the hostel she was living in that she would not be able to remain once […]

Cardiff homeless – tactical lessons?

Thanks to Housed and Garden Court’s bulletin for the pointer to this Ombudsman’s report [pdf] on Cardiff’s failure to provide temporary accommodation pending enquiries on what was a prima facie case of ‘not reasonable to remain’ homelessness. Cardiff were operating a ‘housing options’ filtering scheme and refused to accept Mr F as homeless until he […]