Articles tagged Homelessness
Case comment: Yemshaw v LB Hounslow [2011] UKSC 3
Background law
The Housing Act 1996, Pt 7 deals with the duties of local housing authorities towards the homeless. A person does not have to be sleeping rough (often referred to as “street homeless”) in order to be a homeless person. Parliament has…
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Don’t answer the phone…
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 following s.202 review of a decision that an offer of accommodation was suitable and reasonable to accept, and subsequent discharge of duty under s.193. It is only a [...]
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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 been [...]
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Each had a wooden horse
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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A curious footnote (with benefit of transcript)
We previously wrote up Mich-Onyibe v Wandsworth LBC [2008] EWCA Civ 1649 as “a curious footnote” to homelessness jurisprudence, basing our note on an Arden Chambers e-flash. Thanks to the Chief we now have the benefit of the transcript. The facts were as stated in our previous note. Broadly, the problem was that the Recorder [...]
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These we have missed…
And thanks to the Garden Court bulletin for pointing them out. A couple of cases not yet available on Bailii.
R(Gardiner) v Haringey LBC [2009] EWHC 2699 (Admin), [2009] All ER (D) 301 (Oct).
Or ‘everything old is new again’
From the full judgment: Ms G. had applied as homeless to Haringey, who found she was not homeless [...]
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A quick update from the ECJ
Readers might remember the case of LB Harrow v Ibrahim and another [2008] EWCA Civ 386 (noted by us here) where the Court of Appeal referred three questions to the ECJ concerning the rights of residents of family members of former Community workers.
The Advocate General (Mr Mazak) has now delivered his opinion in the case, [...]
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Lost by translation
Ali v Birmingham City Council [2009] EWCA (not reported yet. Note from an Arden Chambers eflash pdf).
Mr Ali, who is Somalian, applied as homeless to Birmingham. At interview he was noted as speaking and understanding English. he was given a leaflet in a number of languages, including Somalian, with details of translation services.
Birmingham accepted a [...]
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Accommodation pending review: Mohammed in action
R (Gebremarium) v City of Westminster [2009] EWHC 2254 (Admin)
Thanks to the Garden Court housing bulletin for pointing to this one. We had to look around as the judgment is not yet available anywhere except casetrack.
This was the permission hearing of an application for judicial review of a decision by Westminster not to exercise its [...]
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Changing Horses Midstream
Konodyba v Royal Borough of Kensington and Chelsea [2009] EWCA Civ 890 was an appeal against a decision that Dr Konodyba was not entitled to housing assistance as she was subject to immigration control. It turned out to be a cautionary tale about getting rid of your legal advisers at the last minute in order [...]
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