Archive for the 'homelessness' Category

Sharif v Camden London Borough Council – WLR Daily

Sharif v Camden London Borough Council [2011] EWCA Civ 463; [2011] WLR (D) 148

“A local housing authority’s duty under section 193(2) of the Housing Act 1996 to secure that accommodation was available for occupation by a homeless applicant was not discharged by providing two self-contained flats with no shared communal living areas, one for occupation by the applicant and her sister and the other for occupation by her father, because such accommodation was not available for occupation by the applicant together with any other persons who normally resided with her as members of her family within the meaning of section 176 of the 1996 Act.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

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Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Young offenders leaving custody for life of homelessness and reoffending – The Guardian

“Children as young as 13 are being released from custody without a safe place to live, forcing them into a cycle of homelessness and reoffending, research has shown.”

Full story

The Guardian, 28th February 2011

Source: www.guardian.co.uk

Yemshaw v Hounslow London Borough Council – WLR Daily

Yemshaw v Hounslow London Borough Council [2011] UKSC 3; [2011] WLR (D) 18

 ” ‘Domestic violence’ in section 177(1) of the Housing Act 1996 included physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, might give rise to the risk of harm.”

WLR Daily, 26th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Pieretti v Enfield London Borough Council – WLR Daily

Pieretti v Enfield London Borough Council [2010] EWCA Civ 1104; [2010] WLR (D) 248

“S 49A(1)(d) of the Disability Discrimination Act 1995 required a local authority, in carrying out its functions under Pt VII of the Housing Act 1996, to take due steps to take account of a disabled persons’ disabilities.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 909; [2010] WLR (D) 208

“An applicant for accommodation could establish a priority need under the Housing Act 1996 because a dependent child was residing with her, where the dependent child was an European Economic Area national from abroad, even though the child did not have a permanent right to reside but was subject to immigration control, but the housing authority’s duty was then the restricted duty provided for under s 193(7AA) of the 1996 Act as amended. Under either the amended or unamended provisions the duty would have been the full duty had the dependent child had a right of permanent residence in the United Kingdom. Moreover, a failure by the host member state to enforce the removal of the dependent child after three months did not graduate by waiver to her acquiring a permanent right to residence.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2010] UKSC 8; [2010] WLR (D) 86

“A local housing authority’s duty, under section 193 of the Housing Act 1996, to secure that accommodation be made available for an unintentionally homeless person who had a priority need did not give the homeless person a ‘civil right’ within the meaning of art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms because the provision of appropriate accommodation was dependent upon the exercise of evaluative judgments by the local authority as to whether the statutory criteria had been satisfied and how the homeless person’s need ought to be met.”

WLR Daily, 23rd March 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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