Tag Archives: Destitution

JA & Ors, R (On the Application Of) v The London Borough of Bexley [2019] EWHC 130 (Admin) (01 February 2019)

Summary

The Administrative Court allowed the claimant children's application for judicial review of a decision of the defendant local authority that their carer was not destitute. Given the evidence and materials before the authority at the time of the decision or which reasonably could have been available to the authority if appropriate enquiries had been made, the decision to find that the carer was not destitute and that the claimants were not children in need had been Wednesbury unreasonable. (This is from the Counsel Magazine Website)

Law Reports

Bailii

Articles About The Case

Local Government Lawyer -Claimants win challenge over decision by council that mother was not destitute

AR, R (on the application of) v London Borough of Hammersmith and Fulham [2018] EWHC 3453 (Admin) (19 December 2018)

Summary
This case concerned an unsuccessful Judicial Review of a refusal by a council to provide a single homeless man with no recourse to public funds with accommodation under the the Care Act 2014

Local government – Housing. On the claimant's application for judicial review of the defendant local authority's decision that it did not have power to provide the claimant with accommodation, the Administrative Court dismissed the application on the basis that: (i) the authority's decision not to provide accommodation under the Care Act 2014 was lawful; (ii) the authority would not be able to provide accommodation to the claimant under s 1 of the Localism Act 2011; and (iii) the claimant was excluded from such provision pursuant to Sch 3 to the Nationality Immigration and Asylum Act 2002 on the ground that such support was not necessary for the purpose of avoiding a breach of his rights under the European Convention on Human Rights or his EU rights. - This is copied from from Counsel Magazine Web Site

Law Reports

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Articles About The Case

It is mentioned on the Capsticks  - Housing case law - January 2019 update