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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3980
Experience:  Solicitor
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I would be found to be intentionally homeless due to

Customer Question

I would be found to be intentionally homeless due to assaulting my partner but I am ill. I have a brain injury, Emphysemia and severe depression. I get the highest rates of Disability Living Allowance. I have slept rough and on friends sofas for the last 9 months. Will the council have any duties to me? Would I be considered in 'Priority Need' ?
Submitted: 9 months ago.
Category: Law
Expert:  Jamie-Law replied 9 months ago.

Hello my name is ***** ***** I will help you with this.

Why can't you keep staying with friends please?

Customer: replied 9 months ago.
because it's very incovenient for my friends to have me on their sofa's anyway and my alcohol problem has also come back into play and they understanderably dont want me in their homes in my current state. I am a bona fide alcoholic, another illness I really struggle with.
Expert:  Jamie-Law replied 9 months ago.

Have you asked for the policy at all?

Customer: replied 9 months ago.
Do you mean the Council's Homelessness Strategy Policy or just their own policy ?
Customer: replied 9 months ago.
Are you still there???
Expert:  Jamie-Law replied 9 months ago.

Sorry I was just considering this. You need to get the Council's own policy. See what that says.

Then you can see what it says - if you are intentionally homeless then they may have a duty to house you. But it would only be in B&B accommodation - it would not be in a Council house.

Once you check the policy you can see where you come on it. If you disagree then you can consider a Judicial Review of the decision. This is where a High Court Judge examines the decision of the Council to see whether their actions are legal and reasonable.

A Court can either agree with the decision or send it back for further consideration.

For more information on Judicial Review please see:
https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf

Can I clarify anything for you about this today please?