Tuesday, 02 September 2014

Homelessness Review Legal Limbo

Posted in: Discussion | Legal debate

28/06/2012 5:11 pm

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Brian Capaloff

Brian Capaloff

Posts: 6

29/06/2012 9:21 am

My thoughts, for what they're worth, is that I would never find someone as being 'not homeless' unless I was absolutely confident that this was so, even should it be a lost contact situation. There needs to be certainty in the decision, always having in the back of my mind what would a legal challenge find, and I have always advised my staff not to reach such decisions in lost contact cases.

Just supposing: the applicant is indeed homeless, but staying temporarily elsewhere. There may be doubt regarding an intentionality decision, or indeed they may clearly be intentional, but the applicant's solicitor then receives this not homeless decision. His/her client, or the solicitor on his / her bahlf may have received a decision letter which has no holes and which they decline to challenge further. Instead, however, they receive an amended decision (not homeless) which they know, or can find out to be clearly incorrect. They can now challenge this with much greater confidence.

Them's my thoughts! I know I would never approve a decision without confidence in the correctness of that decision!

Cheers

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Hassel Lee

Hassel Lee

Location: London
Posts: 16

23/08/2013 9:20 am

This is hard to see that homeless people are in numerious and we cannot do anything for them as it straight away needs government attention.

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