Section: Allocations & Transfers

New Regulations

Source: Office of Public Sector Information

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2006 SI 2007

These Regulations amend the provisions of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 ("the Eligibility Regulations"), which determine which persons from abroad, other than persons subject to immigration control, are ineligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996 or for housing assistance under Part 7 of that Act.

A person who is not subject to immigration control is ineligible for an allocation or for housing assistance if he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, unless specifically exempted from that requirement. Regulation 2 amends the Eligibility Regulations to create such an exemption.

The effect of the provision is that a person not subject to immigration control who is not habitually resident, and who left Lebanon on or after 12 July 2006 because of the armed conflict there, is not ineligible for an allocation or for housing assistance. However, this exemption only has effect until 31st January 2007.
The Race Relations Code of Practice (Housing) (Appointed Day) Order 2006 SI2239

This Order appoints 1 October 2006 as the day on which the revised Code of Practice on Racial Equality in Housing will come into effect. This revised Code replaces Code of Practice in Rented Housing, which was brought into operation on 1 May 1991 by the Race Relations Code of Practice (Rented Housing) Order 1991.

The revised Code of Practice consists of three separate parts that apply to England, Scotland and Wales respectively.

A full Regulatory Impact Assessment has been prepared in connection with the revised Code of Practice and is available from the Commission for Racial Equality at St Dunstan's House, 201-211 Borough High Street, London SE1 1GZ.

Case Law Update

Ms Mooney, a single parent of three children, had a disability rendering her incapable of using stairs. Her two younger sons had emotional and behavioural problems. As her current home had stairs, a community care assessment made a recommendation that Social Services put her forward for a "priority housing nomination" for a transfer from her current home.

She was not re-housed and she sought Judicial Review of the Council's failure to accommodate her as a person in "need of care and attention" under s21 National Assistance Act 1948.

The claim was dismissed on the grounds that Ms Mooney's need was for "housing" not "care and attention". Even if a s21 duty might otherwise be owed, the "need" was being met by the Council's statutory allocation scheme and s21(8) would, therefore, apply to lift any s21(1) duty.

R (Mooney) v Southwark LBC [2006] All ER (D) 73 (Jul)

The claimant lived in private sector bedsit accommodation. She applied for council housing and her application was placed in Band D of the allocation scheme. She submitted medical evidence to support a reassessment, so that her application would be placed in a higher medical band.

The Council adopted the advice of its medical adviser that higher priority on medical grounds was not warranted.

The Court quashed that decision, deciding that the medical advisor had reached an irrational conclusion on the medical evidence presented and that the Council had been wrong to simply act on his advice.
R (Ghandali) v Ealing LBC [2006] All ER(D) 134 (Jul), CO/2408/06

Section: Allocations & Transfers

New Regulations

Case Law Update

Housing Monthly Diary

Issue: September 2006 Reporting on July-August 2006

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