taking council to county court **Resolved**

[sajeel]

Hi,

 

I will attempt to keep the story short, in summary i lost my rented due to rent arrears, i was receiving housing benefit when working for part of my rent, i submitted change of circumstances and it all went downhill from there my previous allowance was cut, the council kept asking for wrong information and eventually i was on their doorstep with my wife and 2 year old son, i was placed into hostel and was told they would look into matter on 27th May 2014 i was given a room in hostel.

 

 

I tried to contact the council prior to this but they ignored my letters. On 22nd July 2014 a letter was sent with false information from landlord and acting agent and based on that without proof the council said we were intentionally homeless.

We are still living at hostel and on 26th August an appeal was made, with a follow up letter to ceo on 4th November 2014, No reply was ever received expect a minded to letter on 24th October 2014.

 

I have opened a case with the local government ombudsman for maladministration and negligence.

My case worker has contacted the council and they were due to reply by 23rd March 2015 and this has been extended to 2nd April 2015.

In regards to decision they have advised i take them to county court regarding their decision of intentionally homeless, any advice appreciated ?

Edited March 26, 2015 by Conniff

[numbers666]

It would usually be by JR (Judicial Review) in High Court not county court. You will need to seek a good solicitor specialising in Housing and they will engage a barrister to represent you.

 

http://england.shelter.org.uk/get_advice/going_to_court/advice_and_representation

 

Is a good place to start.

 

Hope this Helps.

 

N

[sajeel]

hi,

as far i am aware Judicial Review is not available on legal aid and can cost thousands of pounds, so the option currently is county court, i am surprised there has been no more replies. Thanks for link have already been on shelter website.

[citizenB]

Have shelter not been able to offer any advice - it was my understanding they did have a legal department that would help with this type of issue ?

[caro]

hi,

as far i am aware Judicial Review is not available on legal aid and can cost thousands of pounds, so the option currently is county court, i am surprised there has been no more replies. Thanks for link have already been on shelter website.

 

 

 

What do you hope to achieve by going to county court? Apart from starting a claim, has your case worker said what you're claiming, grounds, etc.

 

 

We really need much more information.

 

 

Have you been in touch with your local councillor, MP, or even parliamentary candidates from other parties. You might find them falling over each other to help you at the moment.

[sajeel]

Hi Thanks for the replies.

 

Have had meeting with shelter family advisor and they have appointed legal team to look into case as there is ground to challenge their decision and take to court if necessary

 

I have tried the mp, councillor and mayor all of which have been a waste of time no help or replies from these people.

[stevemLS]

If the council has made a determination that you are intentionally homeless under the Housing Act 1996, the route of appeal under s204 of that Act is to the county court.

 

You must have requested that the decision be reviewed (s202) and unless you have "good reason" not to have done so, an appeal must be brought within 21 days.

 

On the face of it you are well out of time and I doubt whether you would get permission to bring a late appeal.

 

What is a "minded to" letter, was that the outcome of the review of the initial decision?

[sajeel]

i did appeal within 21 days of their letter, also sent email complaint to ceo who sent a minded to letter stating they would stick by their initial decision. I have not got a final decision from them so cannot do county court procedure until they send final decision.

 

An interesting news article:

 

Government ends term with 55% rise in illegal B&B use

 

26 March 2015 | By Daniel Douglas

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The number of families in bed and breakfast for longer than six weeks as at 31 December 2014 was 55% higher than the year before, according to official statistics released today.

The latest Department for Communities and Local Government (DCLG) figures show 780 families were in B&Bs at the end of last year for six weeks or more compared with 500 at the end of the year before.

The stats show a total of 2,040 families were in bed and breakfast-style accommodation at the end of 2014, which was a 31% rise from 1,560 the year before.

In the final statistical release on homelessness before the general election in May, the government data also shows that there were 20,000 more children in temporary accommodation in the last quarter of 2014 than there were when the coalition came to power in 2010 (see chart) – a rise of 31% in four years. In the last quarter of 2010, there were 69,050 children in temporary accommodation.

Source: DCLG live tables on homelessness

In the wake of an affordability crisis, a record 16,000 families (93% from London councils) have been sent out of the local authority area to cheaper temporary housing elsewhere. That’s a 31% rise from the last quarter of 2013 – when it was 12,190 – to the end quarter of 2014.

Government guidance says councils must house homeless families within their area unless this is not ‘practicably possible’.

Source: DCLG live tables on homelessness

Homelessness acceptances were also up 6% in the last quarter of 2014 compared with the same quarter the year before – rising to 13,650 households from 12,950 in the last quarter of 2013.

The number of people found to be ‘intentionally homeless’ – where a council decides it does not have a legal duty to giving housing assistance to a homeless household – is the highest ever on record, as a proportion of total decisions, having risen to 9% of total decisions in the most recent quarter for the first time, and up from 7% in 2009/10 (see chart).

 

David Orr, chief executive of the National Housing Federation, said: ‘These shameful figures reveal the true cost of us not building enough homes in England – more children stuck in temporary accommodation like hostels and B&Bs, often living in cramped and poor conditions.’

Campbell Robb, chief executive of Shelter, said: ‘This madness has to end. When our housing shortage has created a crisis this deep, there’s only one way out and that’s for politicians to commit to building the affordable homes we desperately need.’

Kris Hopkins, homelessness minister, said: ‘Throughout this parliament, departments have worked together to coordinate action on the issues facing homeless people

[stevemLS]

So they reviewed their decision and send a letter saying they were minded to uphold the original decision?

 

Did the letter say they were minded to, subject to some other information being available or similar?

 

I don't understand why you haven't got a final decision.

 

Still, you've got the shelter legal team on it now and you won't have any difficulty with time limits if they haven't told you their decision, the shelter boys/girls willl be the best people to help you.

[sajeel]

Yes letter stated minded to and since then they have gone AWOL until i got the ombudsman involved.

Shelter is great love those shelter people. have kept me alive and sane in this tragic life.

[sajeel]

Just a quick update after getting the ombudsman involved and having shelter as a backup the council have finally decided that the change their and do not find me intentionally homeless and will help me in finding accommodation.

A year later but better late than never.

 

Regards,

 

Saj

[SabreSheep]

Thank you for the update.

 

If you want to help other members that may be going through a similar situation, feel free to let us know what you did and what happened.

 

Regards

 

SS

[legalistic]

Sajeel, the council may have changed their mind because of a recent Supreme Court decision on intentional homelessness: Haile (Appellant) v London Borough of Waltham Forest (Respondent) [2015] UKSC 34:https://www.supremecourt.uk/cases/docs/uksc-2014-0185-judgment.pdfThe judgment was published in The Times a day or two ago.

[sajeel]

Sajeel, the council may have changed their mind because of a recent Supreme Court decision on intentional homelessness: Haile (Appellant) v London Borough of Waltham Forest (Respondent) [2015] UKSC 34:https://www.supremecourt.uk/cases/docs/uksc-2014-0185-judgment.pdfThe judgment was published in The Times a day or two ago.

 

You could be right although i think the ombudsman complaint caused them to respond.I was prepared to challenge in county court and had shelter legal team on board as well. As each case is slightly difference my advice will be generic.

1) complain to council

2) complain to review officer

3) complain to ceo also speak so shelter at this point

4) after 12 weeks and no response from ceo them open complaint with ombudsman.

 

Most of all don't give up hope if you believe the council is being unfair then keep fighting back it seems with the councils its a battle of the strongest who will give up first and normally this is the applicant.

 

Hope this helps if anyone wants specific help then you can message me or reply to this post.

[citizenB]

I am pleased to hear that you managed to obtain help from the shelter legal team