Applying for an EEA Residence Card

Applying for residency in the UK for non EEA or Swiss nationals is a voluntary procedure for the applicant.  In order for our immigration law firm to process future paperwork and related documentation smoothly and efficiently, it is advisable for a non EEA national to complete the form EEA2 to apply for a residence card, and a permanent residence card can be applied for using form EEA4.  A residence card UK confirms that the person is authorised to live in the UK.

In order to qualify for an EEA residence card, the non EEA national must be a direct relation (for example a dependent child under 21, or a dependent parent or grandparent) to the EEA national who is supporting the claim. There are a few types of documentation required when making the claim in order to prove the identity and validity of the claimants, and the following items should be sent with their application.  When making an application for residence, the claimant should supply their current passport, along with the valid passport of the EEA family member who is supporting the claim.

Application details

Evidence of the EEA national’s relationship to the non-European family member must be provided. This can be in the form of a birth certificate or marriage licence, and if the claimant has any concerns regarding the type of document required, talking to an immigration lawyer will help the applicant to define the best certification to send.  Photographic evidence is also needed in the form of two passport style photographs of the claimant, and the full name of the claimants should be written on the back of the relevant photo.  If the person is already living in the UK and is applying for confirmation of permanent residence, evidence of the right to residency will need to be provided.

The family member of the non EEA national is also required to provide a range of information supporting the claim of their relative and themselves.  One such type of proof that is required is the ability of the EEA national to financially support the residency of their dependent relative.  This can be provided as a bank statement, work contract, or wage slips.  The EEA national must also be able to show that the dependant family member required assistance from the national before the immigration process.  Any questions that may arise will be swiftly answered by speaking to one of our team of immigration lawyers.

Rest assured

Dealing with applications of this type is something that we at Duncan Lewis are well versed in.  As immigration solicitors we are best placed for providing help and assistance to people who are dealing with working and living in the UK.  There may seem to be a lot to take in for the applicant, but close adherence to the details and documents that are needed will give the person the best possible chance of making a successful application.  The best way to alleviate the frustration of this sometimes lengthy process is to seek the advice of our experts.

Applying for an EEA Family Permit

For EEA nationals who wish to live with their families and work in the UK, it is recommended that any relative of the EEA national that is not from one of the 27 countries that make up the EEA, files for a family permit UK.  The person must be a family member of an EEA national to qualify, and in effect this acts as a visa, giving the family member clearance to reside permanently in the UK while the claimant works or searches for work.

Dependant family

The term ‘family member’ is defined as being a child or grandchild under the age of 21 who is dependant on the claimant, a husband, wife, or civil partner, or grandparents that are also dependent on the claimant.  Anyone who is not immediate family must show that they are dependent on the claimant in order to be considered for access, and non-dependent family members are not eligible for free residence in the UK.  There is no application fee required in order to apply for a family permit, and any doubts as to the eligibility of a person for this process should be directed to our immigration solicitors. 

Documents must be provided to prove that the non EEA national family member is related to the claimant, and it is advisable to provide everything that is requested in order to process the application smoothly.  As immigration lawyers, we are well versed in the procedure and will provide assistance at all levels of the application.  The passport of the EEA national is needed in order to prove that the non EEA member is related to them, and the passport should also be endorsed by the embassy of the country of the EEA national’s place of residence.  A birth certificate or marriage certificate is also needed in order to prove the relationship between the non EEA member and the EEA national; if these are not accessible some other kind of proof of the relationship of the family member is required. If in doubt as to what kind of certification is needed, then our immigration law firm can provide the answers.

The EEA national must also provide a letter confirming that the family member is travelling with them, or travelling to join them in the EEA member’s country of residency.

Document evidence

The EEA national should also provide a range of documentation to prove that they are deemed as a ‘qualified person’.  Firstly, the person must have been living in the UK for at least three months, and if the person is a worker they must provide their contract of employment, wage slips, and/or a letter from their employer.  Students must provide evidence from their college or university of their enrolment and completion dates.  Evidence that the EEA national has sufficient funds to support the dependant family member must also be provided.  Although the whole process may seem challenging, our immigration lawyer firm specialises in all things that come underneath the immigration umbrella, so if a person has any doubts, do not hesitate to contact our experts.

Proposed Civil Partner Visas

If your proposed civil partner is a UK citizen then it is possible for you to apply for a visa in order to stay with them in the UK. There have been some recent changes to the visa application process; however, if you have submitted an application for a visa before 8th July 2012 then your terms and conditions will not be affected. If you need to renew your visa, then your application will be considered under the terms that were in place prior to the changes. If you are only just making an application for a proposed civil partner visa then there are updated criteria you must meet. If you are unsure about the application at any stage, you may decide to employ immigration solicitors to help you ease through the process. A good immigration law firm will help you navigate any potential pitfalls of the application processes, which means you are likely to be far more successful in having your visa application approved.

You may apply for a visa under the proposed civil partner category if you meet certain criteria. Your partner must be a UK citizen or be able to prove they have settled successfully in the country. You must also be able to prove your intention of marrying within six months of arriving in the UK and then settling in the country. Your immigration solicitors will be able to guide you on the best way to do this.

You must apply for the visa from your home country and must be 18 years of age or over when the application is made. You and your partner should not be in any way related, which means in the eyes of the UK law you are actually eligible to marry each other. You will also have to prove that your partnership is genuine and that you have met, face to face, prior to the application being submitted.

If either partner has been married or been in a civil partnership previously then proof of the dissolving of the relationship must be provided. You must also be willing to make the UK your permanent home once married. There are certain financial requirements that must be met and a certain minimum level of fluency in English is required. Your immigration lawyer can help you to assess your eligibility on both of these points.

You do not need to apply for this type of visa if you are a national of one of the EEA countries or in Switzerland. The terms of the European Economic Area means that those living within these countries already have a right to live in the UK or any other country under the EU flag. If you do not intent to stay in the UK after the wedding ceremony you will need to apply for a different visa. If you do not intent to register a civil partnership or get married soon after your arrival into the UK you will again need to apply for a different type of visa.

Fiancé/fiancée Visas

If you are the fiancé or fiancée of a person who is a British citizen or who is already settled in this country it may be possible to obtain a visa due to your status. It should be noted that the rules on this subject this changed on 9th July 2012, so new applications will need to follow the latest regulations. Immigration solicitors are best placed to offer advice on the application procedure. In order to qualify for this visa, one of the criteria is that you must be intending to get married and this should take place within six months of coming to the UK. You must also be intending to settle in the UK afterwards. Once the wedding has taken place you can then go on to apply for a visa as a partner.

It is not possible to apply for a fiancée visa if there is no intention for the wedding to take place within six months or if you do not intend living in the UK afterwards. If you are from a country within the EEA or from Switzerland you will not need to apply; the same rule applies for those from some British overseas territories.

The visa must be in place before you come to the UK. Immigration lawyers will advise that it is not possible to apply for this visa once you are in the country.

An immigration law firm will go through all the necessary information with you, but there are a number of criteria that must be met, otherwise the application will be declined. Both partners must be at least 18 years of age at the time that the application is made. There must be no family connection between the partners, which would make a marriage in the UK illegal. Both you and your partner must be able to prove that you have met, that the relationship is a genuine one and that you have been together for some time.

The application for the visa is based on the premise that a wedding is to take place. If either partner has been married before, you must be able to prove that the marriage has been dissolved. An immigration lawyer will also advise on the requirements for English language and finances. As applicants intend to settle in the UK they must have a good standard of English and must be able to prove that they have the funds to live in the UK with no intention of making an application to the state for benefits.

A number of documents will need to be submitted along with the application. For a fiancée visa UK regulations are strict and if any of the criteria are not met or if any of the documents are not submitted then applications are normally rejected immediately. If this happens, there is no refund of the application fee and you will need to begin the process again. In order to prevent this happening, the advice of an immigration lawyer is the best option to ensure that everything is in place.

Family Dependency Visa

Moving to the UK to be closer to your family might be a little easier than you might think. If you are classed as a dependant adult relative and are over the age of 18 you are eligible to apply. A dependant adult relative means that you are the grandparent, parent, son daughter, brother or sister of a person who is already a British citizen. If your relative lives in the UK, but is not yet a British citizen, then your application may not be eligible. The best advice can be obtained from immigration solicitors.

You will still need to meet certain criteria if you fit into the category of dependant adult relative, such as needing personal care for a long period. Personal care means help with tasks around the home, such as washing yourself or needing help to cook meals for yourself. You must be able to prove that the care you need is either not available in your home country or it is unaffordable. If the care you need is not available you also need to be able to prove you have no one else in your home country that can do this for you. The UK relative also needs to be able to prove they can care for you independently without the need for state assistance, such as benefits or a council owned property. Immigration lawyers will advise that your UK relative will be expected to sign a consent form stating they are able to care for you for at least five years without the need for public funding assistance.

Your visa must be applied for from your home country. You will not be allowed to move to the UK and then apply for the family dependency visa. It is possible for many people, depending on their country of origin, to make the application online. The form required is the VAF4A and an immigration lawyer can tell you more about this.

All documents must be included with your application, including the sponsorship form signed by your relative. An immigration law firm will be able to check that everything is in place. You will also need to be willing to submit your fingerprints and facial image at the visa application centre. Your biometric information will then be stored in a database. This is now a standard requirement for all those requesting permanent residence in the United Kingdom.

Each country will have its own application process and the information relevant to you is easily found online. You will also be able to find your nearest visa application centre, so you will know where to send your paperwork and where you will need to submit your facial image and fingerprints.

The application processing period will vary, but once completed your paperwork will be returned to you. If you are successful you will be free to travel to the UK to stay with your sponsor. You may need to produce your paperwork at the border for the customs officials to check, so make sure you have everything to hand when you travel, as you can be asked for it at any stage.

Tenancy Deposit Issue

Tenants renting private property have specific rights under UK law. These rights include the right to have a deposit returned at the end of the tenancy, and the right to have it protected under certain circumstances. For tenants who find themselves in dispute with a landlord over a deposit, a housing solicitor can provide advice on how to successfully resolve the issue.

In the case of tenants signing an assured shorthold tenancy, a landlord is typically required to put the deposit they receive from a tenant in one of three government-approved protection schemes. The schemes help to ensure that a tenant will receive the deposit back at the end of the tenancy, provided that they have adhered to the terms of the tenancy agreement. If a tenant and landlord are in agreement on how much deposit the tenant is due to get back, the money in question must be returned to the tenant within ten days of the conclusion of the tenancy. In the case of a dispute, the deposit is held in the tenancy deposit scheme until the dispute has been resolved. Housing lawyers will advise clients on this.

Wikipedia

 

A holding deposit – money given over for the purposes of holding a property until an agreement is signed – does not have to be protected. Once a tenant has signed an agreement, however, the holding deposit becomes a regular deposit and it must be protected. A landlord must lodge a deposit with a tenancy deposit scheme even if the deposit has been paid by a third-party, such as a parent or a rent deposit scheme run by the local council.

For private sector tenants who cannot afford to put down a deposit to rent a property, there are deposit guarantee schemes available under the terms of which a local council will submit a guarantee to a landlord for the deposit. To see if they are entitled to participate in a deposit guarantee scheme, tenants should contact their local authority. 

A dispute over the return of a deposit may arise for a number of reasons. One reason is the assertion by a landlord that the property has fallen into an unacceptable state of disrepair in the course of the tenancy, thus entitling the landlord to the deposit as a charge against repairs. If a tenant disputes such an assertion, they should seek the advice of a disrepair solicitor such as Duncanlewis.co.uk to establish if they have a case.
 
Going to court over a deposit issue should be a final resort. Housing solicitors such as Duncanlewis.co.uk will advise clients to raise their concerns with the landlord in the first instance. If they get no satisfaction from this course of action, the tenant can write a formal letter to the landlord stating their problem. If a case does end up in court, hiring the services of a reputable and professional housing solicitors firm will ensure that clients get the greatest possible assistance through to the conclusion of their case. 

If a tenant is unable to get their deposit back and the landlord put the deposit in a tenancy deposit protection scheme, tenants should contact the relevant scheme. A housing possession solicitor is an independent source of advice for those with housing issues. 

Succession Rights

If a tenant dies, under UK law their tenancy does not automatically come to an end. For legal purposes, a tenancy is classified as property and can be left to a spouse, civil partner or, in some cases, a family member under UK succession rights. A housing solicitors firm such as Duncanlewis.co.uk will be able to advise clients on succession rights. 

It may also be possible for a tenant to transfer tenancy during their lifetime to another party. In a process known as assignment, some tenants are permitted to pass a tenancy on to specific family members. Under the system of mutual exchange, tenants in council and housing association properties are permitted to swap homes. In a divorce or separation case, courts can order that a transfer of tenancy takes place. Again, a reputable housing solicitor such as Duncanlewis.co.uk will be able to successfully advise clients of their rights under these arrangements.

Source: Freshome.com

If someone has been granted the right to assume a tenancy under succession, they are not obliged to do so and should seek advice from a housing solicitors firm, for example, before agreeing to do so. Among the factors to take into account is whether the person assuming the tenancy can afford to pay the rent, as if they were to be financially stretched in the property they could fall into arrears and be evicted. Perhaps the property in question is too far away from their work or family and it is not practical to move in. If they choose not to move in to the property, the person in question may find that if they subsequently have to ask a local council for accommodation then the council may declare them intentionally homeless, as they passed on a home in which they could have chosen to live. A housing possession solicitor will explain the law as it applies to this area. A disrepair solicitor can advise clients on any issues relating to a property’s state of repair.

In the case of a council tenancy, only one succession can take place. Where an original tenancy was deemed a joint tenancy and one of the original tenants is deceased, the surviving joint tenant will have come under the succession laws. Housing lawyers can advise clients on this and any other housing issues.

For those who are not joint tenants, it may be possible to assume a tenancy if the person in question was the tenant’s spouse or legally registered civil partner and was living with the original tenant when they died. In the case of a demoted tenancy, they have to have been living in the property for one year beforehand. Another family member will also be able to assume the tenancy, provided that there is no surviving spouse or civil partner and they were living in the property with the deceased for at least one year before they died. In the case of secure council tenancies signed after 1stApril 2012, no family member has a right to succession unless it is allowed in the tenancy agreement. If a person gets a council tenancy through succession, the tenancy agreement will be the same type as the one signed by the original tenant.

For reliable advice on all aspects of succession, clients should consult their housing solicitor.

Security of Tenure

Under the Housing Act 1996, assured shorthold tenancies were made the standard tenancy for private sector housing rentals. From a tenant’s perspective, the only security an assured shorthold tenancy provides them with is that the landlord cannot secure eviction for the first six months. Any tenant under threat of eviction in the first six months of a tenancy should seek advice from a housing solicitor. After the six months, unless a new tenancy agreement is in place, the landlord can evict the tenant on the basis of a minimum two months’ notice. A housing possession solicitor understands the law as it applies to this area.

allisonradell.com

In previous decades, tenants enjoyed much stronger security of tenure; however, this could prove troublesome for a landlord, especially if they wanted to sell their property, as sitting tenants often had the effect of reducing a property’s value. The revised law on security of tenure has, unfortunately, led to problems for tenants, many of whom experience a reduced sense of security and less opportunity to see their rights enforced. A housing solicitors firm such as Duncanlewis.co.uk will discuss with tenants where they stand in terms of security of tenure, should a dispute with a landlord arise. Some tenants may not be fully aware of their rights and even if they are, they may be unwilling to seek redress out of concern that a landlord may evict them. A professional housing solicitor such as Duncanlewis.co.uk will assure clients of their rights.

If a fixed-term tenancy has expired but a tenant remains in the property  no matter for how short a period of time  a periodic tenancy automatically comes into force. Under a periodic tenancy, neither tenant nor landlord is required to do anything and the tenancy can proceed for an indefinite period and under the same terms as the fixed-term agreement. Anyone concerned about their tenancy should consult housing lawyers. Where a dispute arises over repairs, a tenant should consult a disrepair solicitor. 

In terms of security of tenure, other conditions a tenant needs to look out for and that a housing solicitors firm can advise on include licenses and occupiers with basic protection status. The granting of a license does not result in the creation of an estate in land and the licensee merely obtains permission to occupy the property.  

Those staying in hotels, hostels or lodgings, where the landlord is in residence but where the tenant does not gain exclusive possession of any part of the property, are subject to license arrangements. Such arrangements also apply to those letting a room in someone’s house, holiday lettings, employees residing in a business premises, and some multiple occupation properties.

Occupiers with basic protection, also known as common law tenancies, come into force in situations where a tenant is sharing with the landlord and enjoys exclusive possession of part of the property – a self-contained flat, for example. Such tenants have less protection than tenants with assured shorthold tenancies. A housing solicitor will talk a client through the details of a common law tenancy. 

For security of tenure, and also for the reassurance of a landlord, a housing solicitor would advise clients not to go into a tenancy on a casual basis and to have all written agreements signed and witnessed.

Reviews against council decisions

If someone has a grievance against a local council in the UK over a decision made in the area of housing, they are entitled to challenge that decision. They may be a homeless person whose application has been turned down, or they may have had a request for housing benefit rejected. Alternatively, they may be living in council-provided accommodation or even more permanent council housing that they deem inadequate. 

Source: wallace-id

A housing solicitor will be able to advise clients on what action to take if appeals outside of the courts have been unsuccessful; however, before a case goes to court, there are other forms of redress that someone can seek. They can seek a review at the council level itself, or take an appeal to the Local Government Ombudsman. It may be useful to appeal to the ombudsman if a case has been subject to particularly long delays, or if an individual believes the council to have discriminated against them. The grounds for discrimination may be based on any one of a number of factors, including race, colour, ethnic or national origin, religious beliefs, gender, sexual orientation, age or disability.

If the ombudsman rules in someone’s favour, it can issue a recommendation that the individual or household be compensated. Housing lawyers will advise clients on what course of action to take.
If the review of a council decision does not go in a client’s favour, a solicitor such as Duncanlewis.co.uk may recommend that they appeal to the county court. It should be noted that an appeal must commence within 21 days of the date that the client has received the decision of the review.

Further up the legal ladder, it might also be possible to launch a judicial review; this will centre on the way the decision was arrived at, rather than the decision itself. A judicial review must begin in the High Court, so specialist legal advice  beyond a housing possession solicitor  is essential before any such process is undertaken.

It can be hard to determine whom to contact to initiate a complaint. In the case of council tenants, they can lodge a complaint with the housing department if, for example, the council has not carried out essential repairs or the repairs it has carried out are poor. If a council is not meeting its obligations in terms of a property’s state of repair, a disrepair solicitor can discuss with a client the appropriate course of action.

For homes owned on a long lease, including a home on a shared ownership scheme where the council is the freeholder, an individual has grounds to complain if the council is not meeting its terms under the lease. If the council has caused a hazard to health and safety in someone’s home, there are also grounds for complaint and a review if necessary. The environmental health department would be the appropriate contact in such an instance.

Housing solicitors such as Duncanlewis.co.uk have the necessary qualifications and experience to lead clients through the process of a review against a council decision. Housing solicitors will represent clients adequately and professionally in any dispute that might arise with a local council. 

Tier 5 Youth Mobility Scheme visas

Immigration solicitors are well aware of the complexities surrounding the several various categories of visa application.  In order to make the process run as smoothly as possible, we offer guidance and support that will help the applicant to successfully receive the visa they require.  The Youth Mobility Scheme Visa UK is one of the lesser known visas, but that should not deter a person from pursuing this type of visa if it is applicable to the circumstances of the person.

Participating countries

Seven countries and territories participate in the youth mobility scheme, each of which offers a specified number of placements to young people in order for them to come and experience life in the UK.  A person who wishes to take part in this scheme should contact our immigration law firm to check their legibility for participation in the scheme.

The countries and territories included in the scheme are Australia, Canada, Japan, Monaco, New Zealand, the Republic of Korea and Taiwan.  Each separate country or territory is allotted a specified number of places.  For 2013, this is stated as being from 35,000 (Australia) to 1,000 (Monaco, Japan, Korea, Taiwan).  New Zealand has 5,500 placements, and Canada 10,000.  A citizen or passport holder of any of the above countries will be able to participate in the scheme, provided there are places left.  The government of the relevant country will act as the sponsor of the young person.  All British overseas citizens and British overseas territories citizens, or British nationals (overseas) are also eligible for participation in the scheme, and for these classifications there is no placement limit.

A person who is accepted on the Tier 5 youth mobility scheme will be allowed to enter the UK and work and live in the UK for a set period of time.  Please note that qualification for this scheme does not give the person a right to extension, and the scheme is not seen as a route into long term employment. Immigration solicitors will be able to give a person the information they need if they have any concerns regarding the details of the youth mobility scheme, or any general immigration subjects. A person can also study in the UK when they have arrived under this scheme, but this should not be the main reason for entering the United Kingdom.

Applications

Applications are assessed under the UK Border Agency points system, and in order to complete a successful application the person must score at least 50 points and meet all of the requirements stated in the immigration rules.  The categories for the points available include 30 points for being of the correct nationality (as a passport holder or national of the participating countries), 10 points for age, and 10 points for maintenance (the funds available to the individual).  An immigration lawyer at Duncan Lewis can help a person to make a full and complete application to the UK Border Agency for participation in the Tier 5 youth mobility scheme, and for more information do not hesitate to ask for advice.
 

Rent Arrears Issues

If a private tenant falls behind with their rent, their landlord could evict them. A tenant may be experiencing genuine difficulties in paying rent. If this is the case, they can seek the advice of a housing solicitor. Tenants would be strongly advised, as a first step, to talk to their landlord about any difficulties they might be having financially and to see if it is possible to come to an arrangement. A landlord may not want to lose a tenant who has proven reliable and has looked after the property to date.

Approaching a landlord to discuss an arrears issue shows that the tenant is being genuine about wanting to resolve the issue. A tenant may just need time to pay the money owed, or they could be waiting for a housing benefit claim. Discussing the situation with the landlord and offering solutions can also help strengthen a tenant’s case if the landlord feels they have no choice but to go to court. Housing lawyers will discuss with clients all of their options.

In an alternative scenario, a tenant may feel as if they have no choice but to withhold rent because a landlord has not met his or her obligations to carry out the necessary repairs to a property. A disrepair solicitor such as Duncanlewis.co.uk will be able to advise a client on their rights in such a case.

A housing solicitor will strongly advise a client to read any correspondence they receive from a landlord, as it may contain information about what action the landlord intends on taking regarding rent arrears or other issues that may have arisen.

If a dispute over rent arrears cannot be resolved amicably, a landlord can seek a court order to have the tenant evicted. In such a situation, tenants are advised to have professional legal representation from a reputable housing solicitors firm such as Duncanlewis.co.uk.

The options available to a landlord in a dispute over rent arrears are to:

• Enter negotiations with a tenant over the money owed.
• Ask the courts to issue a money judgment forcing the tenant to pay the money owed.
• Ask the court to issue an eviction order.
• Ask the tenant to leave the property, if they are living with the landlord.

A landlord will find it is more straightforward to secure eviction of a tenant holding an assured shorthold tenancy. It is even simpler for a landlord to secure eviction of a tenant classified as an excluded occupier – the majority of lodgers would come under this category – or an occupier with basic protection. A student living in halls of residence would fall under the latter category. A housing possession solicitor fully understands the law as it applies to this area.

Tenants renting council properties may have introductory or demoted tenancies, meaning that their tenancy is running on a trial or probationary basis. If they fall into arrears with their rent, the council will find it can evict the tenant with little difficulty. For tenants renting from a housing association and who have signed a starter tenancy, similar rules will apply. A housing solicitors firm will be able to tell tenants their rights in respect of council or housing association tenancies.

Mental capacity/Court of Protection

Under the Mental Capacity Act 2005, there is a system in place to protect people in England and Wales who may not have the capacity to make certain decisions on their own behalf. The act contains a Code of Practice for individuals caring for and representing those lacking mental capacity. A mental health lawyer will advise clients on the provisions of the act.

For issues associated with people who lack mental capacity, there is the Court of Protection. Mental health solicitors such as Duncanlewis.co.uk will be able to advise clients on UK law as it relates to mental capacity and Court of Protection. The Court has the authority to name deputies who will make decisions on someone’s behalf in respect of their property and financial affairs or their health and personal welfare. The Court also has the authority to judge a person’s own capacity to make a decision, if the issue of whether they can do so cannot be determined on an informal basis.

Furthermore, the Court of Protection can issue judgments in cases where serious medical treatment is required. These judgments relate to whether treatment for a person who lacks capacity should be provided, withheld, or even withdrawn.  

The Court of Protection is also the court for decisions on Lasting Power of Attorney or Enduring Power of Attorney. Mental health lawyers will discuss with clients any concerns they might have in this respect.

Once a deputy has been authorised, they are supervised by what is known as the Public Guardian, which, in turn, is supported by the Office of the Public Guardian. The Public Guardian is responsible for maintaining registers of deputies, as well as registers of Lasting Powers of Attorney and Enduring Powers of Attorney. The Public Guardian will carry out any investigations into complaints regarding attorneys or deputies. Anyone with concerns about this aspect of mental health law can consult with mental health lawyers.

To assist people in determining when they should apply to the Court of Protection, the Mental Capacity Act has five statutory principles supporting the act’s legal requirements. These are:

• A person is assumed to have capacity until such time as it is determined that they lack capacity.
• A person must not be regarded as being unable to make a decision until such time as all practical steps have been taken to assist them in doing so without success.
• A person is not to be regarded as being unable to arrive at a decision simply because they make a decision that proves unwise.
• An act, or the using of the Act, or on behalf of a person who lacks capacity, must be done, or made, with their best interests in mind.
• Before the act or the decision, consideration must be given to whether the purpose of the act or decision can be achieved in an effective manner and in a way that is less restrictive of the rights and freedom of action of the person in question.

Mental health solicitors such as Duncanlewis.co.uk will guide clients through what can seem like a very difficult process. If anyone has any questions about the law as it relates to mental capacity, they should not hesitate to consult a mental health solicitor.

Judicial Review to Secure Temporary Accommodation

The economic downturn in the UK has led to an increase in the number of families housed in temporary accommodation as a result of homelessness. If a local authority deems a household to be homeless, it will have to provide that household with more permanent housing; however, it may be a number of years before this process is complete. In the interim, the council is obliged to provide appropriate accommodation that meets the needs of the household. A housing solicitor can advise a client on their rights in respect of secure and adequate temporary accommodation.

While they await permanent housing, many households are housed in guesthouses or bed and breakfast establishments by their councils. The theory is that a local authority can only house a family in such accommodation for a period of up to six weeks, and only as a final resort. In addition, the accommodation has to be suitable. The reality is, in many cases, that families  including many particularly vulnerable families  will be placed in unsuitable accommodation and will not be told of their right to seek a review from the council. Housing lawyers will inform clients of their rights.

As if finding themselves homeless as a result of eviction from rented property or repossession of the family home by a financial institution is not bad enough, families can find themselves living in inadequate accommodation for years at a time. As an example, temporary accommodation provided to a homeless household may be inadequate in terms of the space provided for a larger family. Alternatively, the accommodation may be in a state of disrepair. A disrepair solicitor will be in a position to advise those in inadequate temporary accommodation on how to seek redress from the council that housed them. Those whose homes have been repossessed should consult with a housing possession solicitor.

It may be possible to take an appeal against a council decision in respect of temporary accommodation to the county court, but a judicial review may, ultimately, be the only recourse. A housing solicitor such as Duncanlewis.co.uk will advise on the appropriate course of action.

A judicial review is a form of legal redress under UK law aimed at challenging decisions made by a public body and to require them to take a different course of action. The challenge is on the way the decisions have been arrived at, not on the actual decisions themselves. A judicial review has to commence in the High Court, which is why someone seeking such a review needs advice from specialist legal professionals. It is possible to seek a judicial review in respect of temporary accommodation deemed inadequate. Judicial review proceedings can also be taken over other accommodation failures. For example, if a council did not accept a homelessness application, the party in question would be within their rights to take a judicial review in an attempt to secure temporary accommodation in the first instance.

Homeless individuals or households in inadequate or insecure accommodation should consult with a housing solicitors firm, such as Duncanlewis.co.uk, for professional advice on seeking a judicial review in respect of their accommodation.