Despite the Coronavirus lockdown, we are continuing with business as usual at CLP. Though we are not carrying out any office appointments, we are arranging telephone appointments with both existing and new clients. Please telephone our switchboard on 0121 685 8595. Please note that, during this emergency period, the switchboard will have slightly reduced hours and will be open between 9am and 5pm.
Marc Willers QC, Garden Court Chambers and Chris Johnson, Community Law Partnership
In this paper we consider whether the recent consultation paper on unauthorised encampments and developments issued by the Minister for Housing Communities and Local Government is susceptible to challenge by way of judicial review.
In October 2015 the Court of Appeal dismissed Ms Samuels’ appeal against the decision of HHJ Worcester, dismissing her s204 homeless appeal against the decision of Birmingham City Council that she was intentionally homeless because she could have made up the shortfall between her rent and her Housing Benefit from her subsistence benefits, but failed to do so. http://www.bailii.org/ew/cases/EWCA/Civ/2015/1051.html
On Tuesday afternoon 29th March 2018, our Housing Team were all out of the office being trained re: the Homelessness Reduction Act, which was to come into force the following week, when the mayday call came in. A street homeless family in the waiting room at 3.30 pm. One of our partners hot foots it back to base. Mum and Dad, twins aged 3, and a 5 month old baby had been evicted from a Birmingham City Council (BCC) hostel the day before, without notice.
Thanks to Tessa Buchanan of Garden Court Chambers for her comments on this paper.
In August 2015, the new Planning policy for traveller sites (PPTS) was published by the Secretary of State for Communities and Local Government (SSCLG – as he then was[1]). This introduced a number of amendments to the Government guidance on planning issues relating to Gypsy and Traveller sites. Many of these changes were regarded as detrimental to the interests of such applicants, but perhaps the most controversial has been the amendment made to the definition of Gypsy/Traveller contained in Annex 1 of the PPTS. This definition governs who will, and who will not, be regarded as a Gypsy or Traveller for planning purposes and therefore who will, and who will not, be entitled to the more permissive regime of the PPTS. It is a question of immense importance both to local planning authorities and to individual applicants.
[1] Now the Minister for Housing, Communities and Local Government (MHCLG).
by Chris Johnson, Marc Willers QC and David Watkinson
What are Public Spaces Protection Orders?
A public spaces protection order (PSPO) is an order issued by a local authority which is designed to tackle activities carried on in a public place which have a detrimental effect on the quality of life of those in its locality and which prohibits specified things being done in a restricted area or requires specified things to be done by persons carrying on specified activities in that area, or does both of those things.
Chris Johnson of CLP and Tim Jones of No 5 Chambers have done a paper on interventions (typically by support or campaigning groups) in judicial review cases. You can find their paper in our Articles section here:- http://www.communitylawpartnership.co.uk/articles/interventions.
We are pleased to inform readers that Mrs Nunn and her family have finally found a permanent home. However this does mean that her challenge to the new definition of Gypsy/Traveller has become academic and will have to be withdrawn.
The long awaited final report of the Bach Commission was released just prior to the Labour Party Conference in September 2017. It is entitled ‘The Right to Justice’. The Bach Commission was set up by the Labour Party though has operated independently of the Labour Party.
In June 2017 the Law Society produced a report assessing four years on since the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPOA) 2014. Here are some useful quotes from that very good report:-
Birmingham City Council have obtained what appears to be a general injunction covering unauthorised encampments in Perry Park, Selly Oak Park, Selly Park Recreation Ground and Hazelwell Park.