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In this issue: Social housing Education Planning Local government finance Public procurement Governance Healthcare Social care Licensing Environmental law and climate change LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Social housing Local authority successful in Court of Appeal on suitability of accommodation offered in performance of prevention duty (Fatolahzadeh v LB of Barnet) Fatolahzadeh v LB of Barnet saw Genevieve Screeche-Powell represent the council, which prevailed in resisting a Housing Act 1996 (HA 1996), section 204 appeal pursued by a homeless applicant. Two central issues of principle arose: (i) whether Parliament intended that an alleged non-compliance with the ‘new’ HA 1996, s 189A duties should automatically vitiate any later decision taken to meet the duty to secure suitable accommodation; and (ii) the extent to which the section 202 review procedure can rectify asserted shortcomings. This marks the first occasion on which the Court...
In this issue: Social housing Children's social care Education Planning Highways Public procurement Governance Local government finance Adult social care Healthcare Licensing Environmental law and climate change Daily and weekly news alerts New and updated content Social housing Social housing To be or not to be… the recurring question of when a homelessness application is an application at all (R (Lyrae) v Somerset Council) In R (Lyrae) v Somerset Council, the High Court endorsed the Court of Appeal’s dicta in Rikha Begum—picked up and used in Minott and Ivory—on how to treat a subsequent ‘fresh’ homelessness approach. The analysis comprises two steps. First (stage one), decide whether the later approach counts as an application at all; the only time the answer is ‘no’ is where it rests on exactly the same factual matrix as the earlier one, ignoring fanciful assertions and insignificant details. Secondly (stage two), if it...