Tag Archives: No Recourse To Public Funds

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

MIV & Ors,R (on the application of) v LB of Newham [2018] EWHC 3298 (Admin) (30 November 2018)

Summary

This case concerned a claim for damages for the delay on the part of a council in providing a family with suitable temporary accommodation. The Judge dismissed the damages claim. The family had been provided with suitable accommodation following the issue of proceedings

Law Reports

Bailii

Articles About The Case

Damages and Article 8 - By Emma Godfrey (Counsel for the Defendant) Field Court Chambers

Capsticks - Housing case law - December 2018 update

Public Law Today - Damages and Article 8 

 

Birmingham City Council V Clue (Shelter Intervening): Ca 29 Apr 2010

Summary

The claimant had sought housing from the appellant. It had taken the view that her application for indefinite leave to remain would be refused and had rejected her application. The court had found it improper of the council to prejudge the decision of the immigration authorities. The council appealed.

Held: The appeal failed. Except only in hopeless or abusive cases, the council were neither entitled nor required to make such a judgment. Hers was not such a case.
The questions they were to answer in making the housing decision did not include many of the criteria for assessment by the Secretary of State making his decision.

From Swarb.co.uk

Law Reports

Bailii

Articles About The Case

The Children's Legal Centre

Human Rights Law Centre  Obligation Of Public Authorities To Provide Accommodation And Support To Destitute Family