Homelessness Case Law Update

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Course Overview

During this 45-minute session barrister Rachel Coyle of 36 Civil (The 36 Group) will provide viewers with an overview of several key homelessness law cases, including amongst others WB v W District Council [2018].

Under Part VII of the Housing Act 1996, local authorities have a duty to secure accommodation for those who are eligible, in priority need and not intentionally homeless. In the case of WB v W District Council [2018], the applicant was considered to be in priority need due to mental illness, however they were denied assistance on the basis that they were deemed to be intentionally homeless.

The applicant appealed the decision on the grounds that they lacked the capacity to decide where to live. Ultimately the Court of Appeal upheld the Garlic principle whereby the duty to make an offer of housing is only owed to those who have the capacity to understand and comply with the terms of a tenancy agreement.

This is a significant case within homeless law; not only does it deals with the complex issues of mental capacity, human rights and discrimination, it also illustrates that homelessness assistance remains unavailable under the Housing Act 1996 to those who lack capacity to decide where to live.

The following case law will also be examined in detail:

Davis v Watford Borough Council [2018] EWCA Civ 529
Rother DC v Freeman-Loach [2018] EWCA Civ 368
Cherry v LB Tower Hamlets [2018]
Doka v London Borough of Southwark [2017] EWCA Civ 1532
Panayiotou v London Borough of Waltham Forest [2017] EWCA Civ 1624

What are the requirements?

Watch the recorded webinar and review the reference notes and optional evaluation form to test your legal knowledge.
This course provides 1 CPD point

Learning Outcomes

On completion of this course you will have a greater understanding, and appreciate the importance of, several recent homelessness case law decisions

What is the target audience?

This course is suitable for housing and homelessness law practitioners of all levels

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About Instructor - Rachel Coyle

Rachel is a specialist Civil Barrister at The 36 Group and enjoys a thriving practice in general civil and commercial work.

Rachel has been praised for her tenacity, determination and sound, thorough legal knowledge by clients, judges and opponents. She is committed to providing practical advice in a timely manner and pays attention to detail in complex factual and legal matters. Rachel has been described by clients as courteous, very personable and approachable.

Before coming to the Bar and joining 36 Civil, Rachel worked as a Legal and Finance Associate at Seneca Banking Consultants dealing primarily with claims against banks in the pre-litigation stage that engaged in the sale of Interest Rate Hedging products, Fixed Rate Tailored Business Loans, GRGs, Annuities and Currency Swaps. Rachel handled a case load of over 150 clients including premiership footballers, hoteliers, accountants, private residential and commercial landlords, private student halls of residence companies, private hospitals, farmers, car dealerships and private individuals.

Rachel is also direct access qualified.