Issue 25 - 18th July

Tuesday 18 July 2006

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Government & Legislation

Today (17 July 2006), the Department for Communities and Local Government (DCLG) has announced that the Tenancy Deposit provisions of the Housing Act 2004 will not now be introduced until 6 April 2007.
Click Here to see the DCLG Press Notice at:

On 14 July 2006 the DCLG published a discussion paper on the reform of the statutory overcrowding standard. Responses are invited by 15 September 2006. Click Here to see the discussion paper.

On the same day the DCLG announced that 12 councils and one housing association have been selected to act as Homelessness Regional Champions in 2006/07 to disseminate good practice in tackling homelessness and promote the Government's homelessness agenda. They are: London (LB Barnet and LB Croydon); North East (Erimus Housing, Middlesbrough); Yorkshire & Humber (ScarboroughBC; Wakefield MDC); East Midlands (Nottingham CC); West Midlands (Dudley MDC, WychavonDC); East (Norwich CC); South East (Mid Sussex DC, Milton Keynes) South West (Plymouth CC) and North West (BlackpoolBC).
Click Here to see the DCLG Press Notice

The LSC and Department for Constitutional Affairs jointly published a Consultation Paper on post-Carter funding of civil legal aid in Legal Aid: a sustainable future on 13 July 2006. Responses are sought by 12 October 2006. Click Here to see the Paper

On 11 July 2006 the Disability Rights Commission announced that it was considering supporting an appeal by the claimants in R(Johnson) v Havering LBC [2006] EWHC 1714 (Admin) in which Forbes J held that the provision of residential care homes forthe elderly by private providers was not a 'function of a public nature' for the purposes of the Human Rights Act. Click here to see the judgement. For the DRC press release Click Here

Cases

 

Grendon v Secretary of State [2006] EWHC 1711 (Admin), [2006] All ER (D) 213 (Jul), 14 July, Admin Crt. The claimant led a 'hermit like' existence in a simple stone shelter in a woodland clearing in a Cotswold valley. It had been used as a 'store' in connection with a small allotment garden in the clearing. The claimant sought a ruling that it was a 'dwelling - house' for planning purposes. An Inspector refused to so declare it. McCombe J dismissed an appeal. The Inspector had made no error and had been entitled to find that, notwithstanding the use made of it, the shelter was not a 'dwelling-house'.

R(Ghandali) v Ealing LBC [2006] All ER(D) 134 (Jul), CO/2408/06, 11 July, Admin Crt. The claimant lived in a private sector bedsit. Her application under the council?s allocation scheme was placed in Band D. She submitted medical evidence in support of an application to be placed in a higher medical band. The council adopted the advice of its medical adviser that no increase in priority was warranted. Leveson J quashed that decision. The medical advisor had reached an irrational conclusion on the medical evidence presented and the council had erred in simply adopting his advice.

R (Greenwich) v Secretary of State[2006] All ER (D) 178 (Jul), 13 July, CO 3739/2005, Admin Crt. An elderly woman had lived all her life in LB Bexley where she owned her own home. She went into residential care in Bexley in May 2001 and sold her home to meet the care costs. In 2002 she required alternative care arrangements and LB Bexley found a place for her in a care home in Greenwich. Shortly afterwards she became eligible for social services assistance with care costs. Charles J dismissed a judicial review of the Secretary of State's decision that she was 'ordinarily resident' in Greenwich and that Greenwich was liable to meet the costs of providing assistance.

Coming Events

19 July 2006, Disability & Housing:HLPA general meeting.
Click Here for more details see:

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