Section: Homelessness & Asylum Seekers

Case Law Update

Ali & others v Birmingham CC [2008] EWCA Civ 1228

The claimants were applicants for homelessness assistance. Birmingham Council made decisions on review concerning factual aspects of their applications.

They claimed that their rights under Article 6 of Schedule 1 Human Rights Act 1998 to a fair and independent consideration of those decisions by a court or tribunal were thwarted because appeal to a county court lay only on a point of law.

The Court of Appeal held that the combination of internal administrative review and access to the courts to correct legal error satisfied the Article 6 obligation.

R(C) v Birmingham CC [2008] EWHC Admin; [2008] All ER (D) 171 (Nov)

The claimant and her children were not lawfully resident in the UK. She was an overstayer and her asylum applications had been refused.

She had been in the UK for over seven years. She was not eligible for social housing or for homelessness assistance, so when the family became homeless she applied to the children's services department of Birmingham Council for accommodation under sections 17 and 20 of the Children Act 1989.

The Council decided to provide only limited assistance, on the basis that the claimant was unlawfully in the UK.

The High Court set that decision aside, ruling that:

The Council had failed to have regard to Home Office policy that no enforcement action would be taken against those with irregular immigration status who had been in the UK for more than seven years.
In the light of the fact that the claimant would be remaining in the UK, the Council would need to reconsider its decision, having regard to the claimant's rights under Art 8 of Schedule 1 of the Human Rights Act (right to respect for private and family life).

R(A) v Croydon LBC [2008] EWHC (Admin) 2921

The claimant was an Iraqi asylum-seeker who had applied to Croydon Council for assistance with accommodation under the Children Act 1989.

An issue arose as to his age. He claimed to have been born in November 1992. The Council decided that his estimated date of birth was November 1990.

On a review, the claimant relied on the reports of two paediatricians - Dr. Michie and Dr. Birch. However, after considering those, the Council confirmed its earlier decision.

On a claim for Judicial Review, the High Court quashed that decision. The reasons the Council had given for rejecting the experts reports were unsound and/or not material to the decision or irrational.

Mangion v Lewisham LBC [2008] EWCA Civ

Ms Mangion had moderate depression, back problems and a condition of alcohol dependency. A medical adviser, when assessing her for disability benefits, had described her as having a "severe disability".

The Council decided on review that she was not "vulnerable" for the purposes of the homelessness provisions.

The county court dismissed an appeal and the Court of Appeal dismissed Ms Mangion's further appeal. The Council's officer was addressing a different issue from those officials responsible for assessing capacity for welfare benefits purposes. The reviewing officer had correctly addressed and applied the test in Housing Act 1996 section 189(1)(c).

Barry v Southwark LBC [2008] EWCA Civ 1440

On a homelessness application, the issue arose of whether the applicant was "eligible".

He was a Dutch national and an EU citizen. He had worked in the relevant period of assessment for a fortnight as a steward at a tennis tournament while also receiving Jobseeker's Allowance.

The Council decided that that engagement did not count as "work" and that he was not eligible because he was not a "worker".

That decision was upheld in the county court but reversed by the Court of Appeal. It decided that a wide and flexible interpretation of "worker" was required by EU law and, applying that approach, the applicant was in "work" during the two weeks.

R(A) v Croydon LBC R(M) v Lambeth LBC [2008] EWCA 1445

The claimants were young asylum seekers. If they were adults, NASS would be responsible for accommodating them. If they were children in need, the local authorities would have to accommodate them under the Children Act 1989.

In each case, wocial workers decided that the claimants were over 18.

Their claims for Judicial Review were dismissed as were their appeals to the Court of Appeal. It decided that the arrangements for age-determination by social workers did not infringe human rights legislation and gave guidance on the proper approach to be taken in challenging such determinations.

Banks v Kingston Upon Thames RLBC [2008] EWCA Civ 1443

On his application for homelessness assistance, the Kingston Upon Thames Council decided that Mr Barry was not homeless. He sought a review but, before that was concluded, he was given Notice to Quit by his private landlord.

The reviewing officer decided that the original decision could not stand because Mr Banks was now homeless but that no duty was owed because he did not have a priority need.

The Court of Appeal set aside that decision. Although there had been no irregularity in the original decision when made, a broad reading of the Regulations concerning reviews required a reviewing officer to give an applicant an opportunity to address him before making an adverse decision on wholly different grounds.

R(Alam) v Tower Hamlets LBC [2009] EWHC (Admin) 44

Tower Hamlets Council's choice-based allocation scheme placed the homeless in "group 2". Mr Alam applied to the Council for housing. It decided that he was homeless but not in priority need. It placed his housing application in the lower "group 3".

A High Court judge granted a declaration that he should have been placed in "group 2". The Housing Act 1996 section 167(2)(a) requires homeless persons to be given a reasonable preference in an allocation scheme and the word "homeless", as used in the Council's scheme included such a person - even if not in priority need.

Section: Homelessness & Asylum Seekers

Case Law Update

Legal Update

Reporting on Nov 2008-Jan 2009

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