Articles tagged Community care

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Care homes, consultation and the DDA

22 Dec 2009 By Nearly Legal Housing Law

Boyejo & Ors, R (on the application of) v Barnet London Borough Council [2009] EWHC 3261 (Admin)
This was the conjoined hearing of an application for Judicial Review of both Barnet and Portsmouth Councils, both JRs bought by Yvonne Hossack and here represented by Stephen Knafler. It makes a distinct contrast and counterpoint to R (Garbet) [...]

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Gimme shelter

12 Dec 2009 By J@nearlylegal Housing Law

R (Garbet) v Circle 33 Housing Trust and another [2009] EWHC 3153 (Admin) [link is to a .doc] was discussed by us (via news reports in Inside Housing and on Radio 4) below. I asked for a transcript and, as if by magic, one was provided. I stand by my original view that this is [...]

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Each had a wooden horse

29 Nov 2009 By Chief Housing Law

R (A) v Croydon & R (M) v Lambeth UKSC [2009] 8
This was an appeal heard by the House of Lords over the course of four days in July, but with judgment delivered by the new Supreme Court.  We reported the Court of Appeal’s judgment here.  At issue was to what extent the courts could review [...]

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Long on principle, short on detail

21 Oct 2009 By Nearly Legal Housing Law

S (A Child), R (on the application of) v Plymouth City Council [2009] EWHC 1499 (Admin)
Not sure how we missed this one and thanks to the Legal Action housing updates for the elbow to the ribs.
This was a permission hearing on an application for judicial review of Plymouth Council’s handling of a child in need [...]

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A disgraceful situation and an excellent answer

10 Oct 2009 By J@nearlylegal Housing Law

R (A) v Leicester City Council and the London Borough of Hillingdon [2009] EWHC 2351 (Admin) (only on Lawtel) is an attempt to answer the “interesting question” posed by the Court of Appeal in R (Liverpool CC) v LB Hillingdon and AK (interested party) [2009] EWCA Civ 1702 (noted by us here), namely, whether more [...]

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Deep (Equality) Impact

14 Sep 2009 By Chief Housing Law

R (Domb) v Hammersmith and Fulham [2009] EWCA Civ 941
This is somewhat off our usual turf here at Nearly Legal, but should be of interest to anyone involved in public law challenges. This case involved a challenge to a decision by Hammersmith and Fulham to start charging (or more accurately, recommence charging) for home [...]

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Not on its behalf…

6 Sep 2009 By Nearly Legal Housing Law

S, R (on the application of) v A Social Security Commissioner & Ors [2009] EWHC 2221 (Admin)
This was an application for Judicial Review of a decision of the Social Security Commissioner refusing leave to appeal a decision of the Social Security Appeal Tribunal. What was at issue was the calculation of awards of housing [...]

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He can look after himself

22 Jun 2009 By Nearly Legal Housing Law

R (Shoaib) v LB Newham [2009] All ER (D) 198 (Jun) [only available as an All ER note as yet] was a Judicial Review of a decision to terminate s.21 National Assistance Act support to Mr Shoaib.
Mr Shoaib had claimed asylum in 2004. His claim had been rejected in 2006 and with it NASS support [...]

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Child ‘requires accommodation’

21 May 2009 By Nearly Legal Housing Law

R (G) v Southwark [2009] UKHL 26 was the appeal to the House of Lords of this Court of Appeal judgment. At issue was whether Southwark could effectively avoid its s.20 Children Act duty to accommodate a homeless child by referral to the Housing Department by way of application under Part VII Housing Act 1996. [...]

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Age Assessment and Medical Reports

11 May 2009 By Nearly Legal Housing Law

Apologies for not getting this one out on Friday or over the weekend. It was on my list, but, frankly, the details of this were off my usual turf and it took an hour or several to digest and fit in place. So, only a day or so late…
A v London Borough of Croydon [2009] [...]

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