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18 September 2015 / Nicholas Dobson
Issue: 7668 / Categories: Features , Local government , Public
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​Local news

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How local must local housing be, asks Nicholas Dobson

What does the “local” in local housing mean? In particular can a local housing authority discharge its duties to homeless people by offering them accommodation over 50 miles outside its area? “No” came the clear and unanimous answer from the Supreme Court on 2 April 2015 in the circumstances of the matter before it. This was Nzolameso v City of Westminster [2015] UKSC 22, [2015] 2 All ER 942 and Lady Hale (as deputy president) gave the sole judgment on behalf of herself and her colleagues: Lords Clarke, Reed, Hughes and Toulson.

She opened by posing the key question: when was it “lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living?” For there was “no doubt that, for a variety of reasons, such ‘out of borough’ placements have become increasingly common in recent years”.

Local housing authorities have a statutory duty under s 208(1) of the Housing Act 1996

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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