In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability...
Circumstances and consequences. Accommodation pending appeal.
Our thanks to Garden Court chambers and Justine Compton for their note of this case. Where a homeless application has requested a s.202 review of the local authority's decision on duty, the authority has a power, but not an obligation to provide temporary...
Homeless Counties
A brief note on what I think was a homelessness s.204 appeal, but have only a local newspaper report to go on. The issue was the status of the review officer, and specifically, whether St Albans District Council had, as it purported to do, contracted out its...
When should an offer be ‘suitable’?
Abed v City of Westminster [2011] EWCA Civ 1406 Is an offer of temporary accommodation under s.193(5) Housing Act 1996 unlawful if the Local Authority has not assessed the suitability of the accommodation before making the offer? This was the issue before...
Contracting out reviews
In Karaj v Three Rivers DC [2011] EWCA Civ 768, Ward and Rimer LJJ granted permission to appeal on what appears to be the "Shacklady" issue (links to our report), viz whether a failure to follow the proper rules regarding the contracting out of the review...
Never apologise, never explain
Akhtar v Birmingham City Council [2011] EWCA Civ 383 [not on bailii yet, we've seen a transcript] When a Local Authority accepts the applicant's case on a review under s.202 review under Housing Act 1996, is there or should there be a duty to give reasons...
Face time
Makisi & Ors v Birmingham City Council [2011] EWCA Civ 355 Does the right to make oral submissions to a review officer on a s.202 Housing Act 1996 review, following a 'minded to' letter, mean that the applicant has the right to insist on a meeting? This...
What to review?
Nzamy v Brent London Borough Council Court of Appeal, January 26, 2011 [Arden eflash 420. Not on Bailii yet, but we've seen a transcript of the extempore judgment] The appellant and family were in permanent accomodation provided by Brent following a previous...
Reviews of Suitability and Discharge of Duty
Ravichandran & Anor v London Borough of Lewisham [2010] EWCA Civ 755 Or Omar v Birmingham City Council [2007] EWCA Civ 610 revisted. This was the Court of Appeal hearing of a second appeal from a s.204 Housing Act 1996 appeal at the County Court on...
Missing letters, Reviews and Determinations of Civil Rights
Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 This is the Supreme Court judgment on the appeal from the Court of Appeal of what was then called Ali & Ibrahim v Birmingham City Council [2008] EWCA 1228 [our report here]. At issue was whether...
Don’t answer the phone…
[Update 03/04/2011 - the Court of Appeal decision on the further appeal in this case is here.] Makisi v Birmingham City Council (Birmingham County Court Appeal Ref: BM9 0166A, 6 Jan 2010) This was the County Court hearing of a s.204 Housing Act 1996 appeal...
Contracting out homelessness reviews like the town hall catering contract
The Court of Appeal's judgment in Heald and others v LB Brent [2009] EWCA Civ 930 is just out concerning the outsourcing of s 202 Housing Act 1996 reviews by Brent to Minos Perdios' company Housing Reviews Ltd. There have been a number of County Court...