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Housing Solicitors

Tackling Homelessness & Challenging Decisions. By Erol Izzet (13 June 2013)

Date: 13/06/2013
Duncan Lewis, Housing Solicitors, Tackling Homelessness & Challenging Decisions. By Erol Izzet

The latest national statistics on statutory homelessness were released by the government on 6th June 2013 which shows that during the financial year of 2012/13, 53,540 households were accepted by local authorities as being owed, what is known as the main homelessness duty. This is a 6% increase from 50,290 in 2011/12. Acceptance of this duty means that the local authority must ensure that suitable accommodation is made available to you.

Between 1 January and 31 March 2013, local housing authorities made 28,270 decisions on applications (by eligible households) for housing assistance, under the homelessness legislation of the Housing Act 1996. From this, 47% were accepted as being owed a main homelessness duty; 27% were found not to be homeless; 18% were found to be homeless but not in priority need and 8% were found to be intentionally homeless and in priority need. The decisions made by councils can make a significant difference between a homeless person being offered a home or being told the council has no duty to re-house them. It is Duncan Lewis’ experience that unfortunately the quality of this application consideration and decision making can often be inadequate, leading to injustice and a denial of entitlement.

At Legal 500 Law Firm Duncan Lewis our experienced team of Housing Lawyers can help individuals to robustly challenge these unfavourable decisions reached by Councils. We are aware that underneath the statistics we are representing vulnerable individuals & families whom are often at the receiving end of various bad practices by housing officers who themselves are under administrative pressure to avoid taking applications. Applicants seeking immediate homelessness assistance from the council are often instructed that they must complete a specific form or bring a particular document in support or risk being turned away with a re-scheduled appointment the following week or thereafter despite no provision of interim accommodation being made. These actions and decisions which deny homeless applicants interim accommodation, in circumstances where they are lawfully entitled, or attempts by the Council to avoid or delay consideration of a homeless application are routinely challenged by Duncan Lewis in the High Court by way of judicial review whereby we seek an order from the court to compel the council to take a particular action and to act fairly and promptly.

At Duncan Lewis we are very concerned that the current difficult economic climate and budget pressures that councils no doubt face will continue to foster widespread administrative bad practices & poor decision making causing greater injustice to vulnerable homeless applicants. If you have received an adverse decision relating to your homelessness application please note that you will have 21 days from the date of notification to request a review of that decision. It is vitally important that you seek legal advice & assistance as promptly as you can.

Legal 500/Chambers UK Leading Law Firm Duncan Lewis has a highly specialised Housing Law Department that specialises in Homelessness matters and is able to provide free legal aid advice & assistance to assist in such mattes to all those that are entitled to it. Visit Duncan Lewis at www.duncanlewis.com or contact 0207 923 4020 if you require further assistance.

Author, Erol Izzet of Duncan Lewis is a Senior Solicitor & Supervisor of Housing Law


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