Housing and Social Welfare

Cases

Equality & Human Rights

  • Savage v S Essex NHS Partnership Trust [2008] UKHL 74; Chief Constable of Hertfordshire v. Van Colle; Smith v Chief Constable of Sussex [2008] UKHL 50 - acting on behalf of the interveners in two cases in the House of Lords on the scope of the positive protective obligation under Article 2 owed by psychiatric hospitals and the police
  • Lewisham LBC v Malcolm (Equality and Human Rights Commission intervening); S v Floyd [2008] UKHL 43; [2008] 1 AC 1399 (representing the Equality and Human Rights Commission as intervener) - the impact of the Disability Discrimination Act 1995 on possession proceedings (details)
  • R (M & A) v Lambeth LBC and Croydon LBC [2008] EWHC 1364 (Admin) - the impact of Articles 6 and 8 of the European Convention on the assessment of age of unaccompanied child asylum seekers; whether age is an issue of precedent fact.
  • S v Floyd (Equality and Human Rights Commission intervening) [2008] EWCA Civ 201; [2008] 1 WLR 1274 - intervened on behalf of the EHRC in this possession action based on a mandatory ground of possession
  • R (G) v Nottinghamshire Healthcare NHS Trust and others [2008] All ER (D) 267 (May) - lawfulness under Articles 8 and 14 ECHR of smoke-free ban introduced in psychiatric hospitals
  • R (G) v Nottingham City Council and Nottingham University Hospital [2008] EWHC 152 and 400 (Admin) - unlawful removal of newborn baby from his mother, a care leaver; Article 8, common law and Children Acts
  • YL v Birmingham CC [2007] UKHL 27; [2008] 1 AC 95 whether a privately owned care home is performing functions of a public nature for the purposes of the Human Rights Act (details)
  • R (Chavda) v Harrow LBC [2007] EWHC 3064 (Admin) - failure of authority to have regard to their disability equality duty in determining to restrict adult care services to people with critical needs only (details)
  • Couronne & others v Crawley BC & others [2007] EWCA Civ 1086 - whether habitual residence test for Part VII HA eligibility and jobseekers allowance unlawfully discriminates on racial grounds between Irish claimants and British claimants from the Chagos Islands or is irrational; whether discrimination is within exception to Race Relations Act 1976; whether discrimination is prohibited by EU Race Directive
  • Williams v Richmond Court [2006] EWCA Civ 1719; [2007] HLR 22 - the first case under the Disability Discrimination Act to challenge the refusal by a management company for consent by a long lessee to install a stairlift in the common parts (details)
  • Esfandiari & Ors v Secretary of State for Work & Pensions [2006] EWCA Civ 282 - whether condition for funeral payment that burial takes place in UK is discrimination contrary to Article 14 (text of judgment)

 

Part 6 - Allocations

  • R (Ahmad) v Newham LBC [2009] UKHL 14; [2009] HLR 31 - the leading authority on the requirements of a lawful allocations scheme under Part 6 Housing Act 1996
  • R (van Boolen) v Barking & Dagenham LBC [2009] EWHC 2196 (Admin) - the detail required in an authority's published allocation scheme; reducing priority on grounds of lack of local connection
  • R (Alam) v Tower Hamlets LBC [2009] EWHC 44 Admin - the proper approach to be adopted in construing an allocation scheme; the legal requirement to afford a reasonable preference to all homeless applicants, regardless of whether they are in priority need
  • R (Faarah) v Southwark LBC [2008] EWCA Civ 807 - Southwark's allocation scheme held to be unlawful in respect of the manner in which medical points were transposed under their CBL banding scheme and the computation of priority dates (details)
  • R (Yazar) v Southwark LBC [2008] EWHC 515 (Admin) - Southwark's procedures for social services nominations were described as "unclear to the point of obscurity"
  • R (Ghandali) v L.B.Ealing [2006] EWHC 1859; (Admin); [2006] All ER (D) 134 (Jul) - assessment of medical evidence by the authority's medical adviser (details)
  • R (Heaney) v Lambeth LBC [2006] EWHC 3332 (Admin) - assessment of need by local housing authority

 

Part 7 - Homelessness

  • Lambeth LBC v Johnston [2008] EWCA Civ 690 - the application of Regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 (details)
  • Tanya Barrett v Southwark LBC [2008] EWHC 1568 (Comm) - extending time for a Housing Act appeal
  • Maloba v Waltham Forest LBC (the Law Society intervening) [2007] EWCA Civ 1281; [2008] 1 WLR 2079 - whether it was reasonable for the applicant to occupy accommodation in Uganda; the costs order made in favour of the successful appellant (details)
  • Ahmed v Leicester CC [2007] EWCA Civ 843 - discharge of duty upon the applicant refusing an offer of Part 6 accommodation (details)
  • R (Osei) v Southwark LBC [2007] EWCA Civ 787; [2008] HLR 15 - challenge to finding of intentional homelessness (details)
  • Desnousse v Newham LBC & others [2006] EWCA Civ 547; [2006] QB 831 - whether temporary accommodation provided for homeless applicants is protected by the Protection from Eviction Act 1977,s. 3(2B); the impact of Articles 6 and 8 (details)
  • Slaiman v Richmond-upon-Thames LBC [2006] EWHC 329 (Admin); [2006] HLR 20 - challenge to authority's refusal to extend time for a statutory review (details)
  • Robinson v Hammersmith & Fulham LBC [2006] EWCA Civ 1122; [2007] HLR 7 - unlawful deferral of decision in assessing priority need of a child. (details)
  • Slater v Lewisham LBC [2006] EWCA Civ 394; (2006) HLR 37 - challenge to authority's decision to treat their housing duty as discharged; variation of the authority's decision on appeal (details)

 

Possession Proceedings

  • Brittain (in her capacity as Enforcement Receiver of the estate of "N") v "N" & Aliane [2009] EWHC 2884 (Admin) - The first reported case on the rights of innocent third parties who have an interest in property which is the subject of confiscation, possession and enforcement proceedings arising out of the proceeds of crime
  • Whitehouse v Lee [2009] EWCA Civ 375 (14 May 2009) - Challenge to the court's approach on reasonableness of the grant of a possession order made against an elderly couple facing eviction after 45 years in the same premises
  • Wandsworth LBC v Whibley [2008] EWCA Civ 1259, the Court of Appeal gave important guidance as to the procedures to be followed in fixing a date for possession when a possession order using Form N28A has been made
  • Jones v Merton LBC [2008] EWCA Civ 660 - the circumstances in which the liability of a tolerated trespasser to pay mesne profits ceases
  • Southwark LBC v Onayomake [2007] EWCA Civ 1426; [2007] TLR 289 - the disproportionate use of case management powers in a possession action (details)
  • Holmes v South Yorkshire Police Authority [2008] EWCA Civ 51 - Proprietary estoppel and whether police officers are secure tenants (details)
  • Bristol CC v Hassan [2006] EWCA Civ 656; [2006] 1 WLR 2582 - whether a court is entitled to make a postponed possession order without fixing a date. This decision lead to the introduction of the new Form 28A (the "postponed possession order"). (details)

 

Anti-social behaviour

  • Bedfordshire Pilgrims Housing Association v Khan [2007] EWCA Civ 1445; whether a tenant can be required to give immediate possession pursuant to an ASBI

 

Housing Benefits

  • R (Heffernan) v the Rent Service [2008] UKHL; [2008] 1 WLR 1702 - the manner in which the Rent Service had approached definition of locality for housing benefit purposes

 

Right to Buy

  • Hanoman v Southwark LBC [2009] UKHL 29; [2009] 1 WLR 1367 and in the court of appeal [2008] EWCA CIV 624 - raises a range of issues under Part 5 of the Housing Act 1985 where there had been a prolonged delay by the authority in completing the purchase (details)

 

Social Security

  • R (EM) v. DWP [2009] EWHC 454 (Admin); R (RD and PM) v DWP [2008] EWHC 2635 (Admin)) (currently on appeal to the Court of Appeal) two judicial review claims arising out of the removal of social security benefits for transferred restricted patients
  • R (M) v Birmingham City Council [2009] 1 F.L.R. 1068: Residence order allowance: legality of local authority policy and of its application
  • R (M) & Ors v HM Treasury [2008] UKHL 26 - question referred to the ECJ on whether the EU prohibition on payment of funds to persons listed by the UN as terrorists applies to payment of funds to the wife of a listed person, where she provides her husband with material support but not cash
  • Tkachuk v Secretary of State for Work & Pensions [2007] EWCA Civ 515 - whether time for claiming backdated social security benefit as a recently recognised refugee runs from receipt of notice of recognition by the refugee's immigration solicitor or only from the date the refugee receives it
  • Hooper v Secretary of State for Work & Pensions [2007] EWCA Civ 495 - where one social security commissioner considered that instructions to a benefit claimant are ambiguous, another commissioner was not entitled to hold that they were clear enough to give rise to recovery of an overpayment of incapacity benefit

 

Community Care

  • R (Harrison & Garnham) v Health Secretary [2009] EWHC 574 (Admin)) (currently on appeal to the Court of Appeal) a judicial review of the Health Secretary's policy not to provide direct payments for healthcare services
  • R (Scott) v London Borough of Hackney [2009] EWCA Civ 217 (Costs in social welfare judicial review cases)
  • Lambeth LBC v Ireneschild [2007] EWCA Civ 234; [2007] HLR 34 - community care assessment; application of the FACS guidance; relevant considerations; procedural fairness (details)
  • R (Berry) v Cumbria County Council [2007] EWHC 3144 (Admin) - charging for day care centres; consultation
  • R (Bishop) v Bromley LBC [2006] EWHC 2148 Admin; (2006) 9 CCLR 635 - challenge to the lawfulness of the closure of an Old People's Day Care centre
  • R (Grogan) v Bexley NHS Care Trust [2006] EWHC 44 (Admin); [2006] BLGR 491 - leading case on health/social services accommodation divide. (details)

 

Children

  • R(A) v Croydon; R(M) v Lambeth [2009] UKSC - the new Supreme Court unanimously decided that where there is a dispute about the age of a young person who claims to be a child, the issue must be resolved by the courts not by local authorities
  • R (G) v The London Borough of Southwark [2009] 1 WLR 1299 - The House of Lords dealt with the interaction between Part 3 Children Act 1989 and Part 7 Housing Act 1996
  • R (H) v Essex CC, Court of Appeal, December 10, 2009; and in the Admin court [2009] EWHC 353 lawfulness of a policy prohibiting retrospective residence order allowances for children
  • R (JL and LL) v Islington LBC [2009] EWHC 458 (Admin) - a judicial review challenge to Islington LBC's 'eligibility criteria' for disabled children's services
  • R (LSS) v Youth Justice Board [2009] EWHC 2347 (Admin) - Judicial review of the decision of the Youth Justice Board to refuse to contract with a number of secure children's homes for vulnerable children in the criminal justice and care system
  • R (B) v Barnet LBC [2009] EWHC 2842 (Admin) - the first case to establish a breach of the section 19 Education Act 1996 duty owed to children who are out of school
  • Collins v Knowsley Metropolitan Borough Council [2009] 1 FLR 493 - s20 Children Act 1989 and duty to maintain looked after children
  • R (M) v Hammersmith & Fulham LBC [2008] UKHL 14; [2008] 1 WLR 535 - the interaction between Part 7 of the Housing Act 1996 and Part 3 of the Children Act 1989. (details)
  • R (W) v North Lincolnshire Council [2008] ALL ER (D) 34 Council not entitled to use s.17 Children Act support where s.20 Children Act criteria met.
  • R (S) v Sutton LBC [2007] EWCA Civ 790; (2007) 10 CCLR 615 - duty to provide accommodation under s.20 Children Act 1989 to homeless children leaving custody; duty to make arrangements in advance of the child's release.
  • R (A) v Liverpool City Council [2007] EWHC 1477 (Admin) - assessment of age of an unaccompanied asylum seeker (details)
  • D v Southwark LBC [2007] EWCA Civ 182; [2007] 1 FLR 2181 - s.20 Children Act 1989 and duty to maintain looked after children and pay for accommodation. (details)
  • R (M) v Gateshead Council [2006] EWCA Civ 221; [2006] QB 650 - local authority duties to accommodate children detained at police station. (details)
  • R (BG) v Medway Council [2005] EWHC 1392 (Admin); [2006] 1 FLR 663 - lawfulness of loan conditions for adaptations to the home for disabled children pursuant to Children Act 1989. (details)

 

Mental Health

  • Savage v S Essex NHS Partnership Trust [2008] UKHL 74; Chief Constable of Hertfordshire v. Van Colle; Smith v Chief Constable of Sussex [2008] UKHL 50 - acting on behalf of the interveners in two cases in the House of Lords on the scope of the positive protective obligation under Article 2 owed by psychiatric hospitals and the police
  • R (Rayner) v Secretary of State for Health & Others [2008] EWCA Civ 176 - lawfulness under Art 5(4) of reference procedure to the Mental Health Review Tribunal of a recalled restricted patient
  • R (B) v S and others [2006] EWCA Civ 28 - challenge to the forcible treatment of mentally capacitated detained patients. (details)

 

Health

  • Rogers v Swindon NHS Primary Care Trust [2006] EWCA Civ 392; [2006] 1 WLR 2649 - refusal of the Primary Care Trust to prescribe Herceptin held to be unlawful. (details)

 

Asylum Support

  • R (AW Kenya) v SSHD [2006] EWHC 3147 (Admin); [2007] ACD 33 - scope of SSHD's powers to provide clothing to failed asylum seekers
  • R (Rasul) v Asylum Support Adjudicator & Or [2006] EWHC 435 (Admin) - whether a failed asylum seeker is entitled to 'hard cases' support as a person who has no viable route of return to his country

 

Legal Aid

  • R (Southwark Law Centre) v Legal Service Commission [2007] EWHC 1715 (Admin); [20078] 1 WLR 1368 - the manner in which the LSC had assessed liability for rent in a possession action held to be unlawful. (details)

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