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Ruling on women's refuges overturned by Lords

August 2009

When the Court of Appeal ruled on 17 April 2008 that refuges are capable of being accommodation and that it is reasonable for a person...

...to continue to occupy one for the purposes of the Housing Act 1996, Sharon Moran was not deemed ‘homeless’ and her local authority, Manchester City Council did not have a duty to find her a permanent home (see 'In the Courts' in Caritas, issue 7, June 2008).

Shelter confirmed at the time they would apply to the Legal Services Commission for funding to appeal to the House of Lords and, in a landmark ruling on 1 July 2009,
the Court of Appeal decision was overturned.

The judge commented: ‘We have been greatly assisted by the submissions of Mr Stephen Knafler on behalf of the Women’s Aid Federation of England, who are understandably worried about the “bed-blocking” effect if women in refuges are no longer regarded as homeless. They point out that a refuge is not simply crisis intervention for a few nights.It is a safe haven in which to find peace and support. But it is not a place to live.’

Moran (FC) (Appellant) v Manchester City Council (Respondents) [2009] UKHL 36
www.publications.parliament.uk/pa/ld200809/ldjudgmt/jd090701/bham-2.htm
 

 

Clarissa Dann

Author: Clarissa Dann

Clarissa Dann was the editor of Caritas as well as an HR and management online service,he People Bulletin until July 2011.

She is now the editor of the specialist trade finance magazine, Trade and Forfaiting Review which can be viewed at www.tfreview.com but does write on charity finance and investment from time to time.

Clarissa has a background in legal and professional publishing, as well as business journalism and holds an MBA from Cass Business School. She has been one of the judges for the non-profit category of the Chartered Institute of Marketing's Excellence in Marketing Awards for the second year running.

She has also acted as clerk to the trustees of a small almshouses charity and as a member nominated trustee to a pension scheme of a multinational publishing company.

 

Click here for other articles written by Clarissa Dann

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