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Tuesday, 3 September 2013

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.

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