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Hi,
Being homeless is bad. Worst is being placed in private accommodation. Especially if you are mentally unwell.
I have been reading about Public law, Statutory duties, human rights, and Judicial review.
The problem. Due to the Homeless reduction act, a local authority can discharge their main housing duty into private accommodation. And if a claimant refuses they can also discharge the duty. But may still have to house them or secure the private accommodation for them.
I believe in law you cannot argue against what an act allows you to do. Unless the act is unlawful by a high law. I have a feeling the Homeless Reduction Act is unlawful. The housing statutory guidance says that local authorities should be mindful of the care act, human right and Pubilc sector equality duty (PSED) butt also say it perfectly reasonable to provide private accommodation. But is discharging duty into private accommodation unlawful, because it removes state/local protection, and reduces person rights?
Recently the government was told that PIP act was unlawful because it was discriminatory. the court allowed the process to go to judicial review. "they said that only physical disabilities could stop you walking - not mental health ones." The human rights act was mentioned.
Is there any guidance which says that an authority cannot discharge its duty for whatever reason.
I will accept Human rights law, Care act, a precedent or anything. Thank you
Being homeless is bad. Worst is being placed in private accommodation. Especially if you are mentally unwell.
I have been reading about Public law, Statutory duties, human rights, and Judicial review.
The problem. Due to the Homeless reduction act, a local authority can discharge their main housing duty into private accommodation. And if a claimant refuses they can also discharge the duty. But may still have to house them or secure the private accommodation for them.
I believe in law you cannot argue against what an act allows you to do. Unless the act is unlawful by a high law. I have a feeling the Homeless Reduction Act is unlawful. The housing statutory guidance says that local authorities should be mindful of the care act, human right and Pubilc sector equality duty (PSED) butt also say it perfectly reasonable to provide private accommodation. But is discharging duty into private accommodation unlawful, because it removes state/local protection, and reduces person rights?
Recently the government was told that PIP act was unlawful because it was discriminatory. the court allowed the process to go to judicial review. "they said that only physical disabilities could stop you walking - not mental health ones." The human rights act was mentioned.
Is there any guidance which says that an authority cannot discharge its duty for whatever reason.
I will accept Human rights law, Care act, a precedent or anything. Thank you
