Cornerstone Barristers

This Practice Note explains the how communications data can be lawfully obtained, retained and disclosed by public authorities under Part 2, Chapter 2 of the Investigatory Powers Act 2016. It explains when communications data can be acquired without an interception warrant, the authorisations required for the acquisition of communications data, the safeguards in place to ensure that these powers are used appropriately and the offence of unauthorised disclosure of communications data.

This Practice Note provides an introduction to the Human Rights Act 1998 (HRA 1998), which stems from the European Convention on Human Rights (ECHR). It sets out the human rights which HRA 1998 protects and explains how English law must be interpreted as a result of the introduction of HRA 1998. It explains how courts can declare English legislation incompatible with the principles of the ECHR and the judicial remedies which the courts have available to them.

Where a local housing authority in Wales believes that a person is homeless or may be threatened with homelessness, it has a duty to make inquiries into their eligibility for homelessness assistance and into what housing duty (if any) is owed to them under the Housing (Wales) Act 2014 (H(W)A 2014). This Practice Note considers the definitions of the terms 'homeless' and 'threatened with homelessness’ as set out in H(W)A 2014, s 55.

This Practice Note covers the interim duties that a local housing authority (LHA) has to provide accommodation to a homeless applicant pending completion of its initial enquiries into the applicant’s circumstances pursuant to section 188 of the Housing Act 1996 (HA 1996). It also covers the power to accommodate pending a HA 1996, s 202 review and HA 1996, s 204 appeal of an unfavourable decision for the applicant.

This Practice Note provides guidance on the concept of ‘local connection’ as set out in section 199 of the Housing Act 1996 (HA 1996). This concept is used to assist a local housing authority (LHA) when dealing with housing applications, as it permits LHAs to make referrals to other LHAs where a housing applicant lacks a local connection to the referring LHA. It covers the circumstances where a referral can be made, the bases upon which a local connection can be established, the date when local connection is established and the mechanisms for resolving disputes between LHAs as to local connection.

This Practice Note covers the concept of suitability of accommodation in the context of Homelessness. It sets out guidance upon the standards applicable to accommodation offered by a local housing authority in discharge of its housing duty under Part VII of the Housing Act 1996 (HA 1996), including the question of how suitability is assessed, factors to be assessed, the impact of the Public Sector Equality Duty and tenure.

This Practice Note covers the law and guidance on the homelessness review and appeals procedure which applies once a local housing authority has reached a decision under section 184 of the Housing Act 1996 (HA 1996) regarding the duty it owes to a homeless applicant. This includes a summary of the decisions which can be reviewed, how that review takes place, the time limits for requesting review and guidance upon the appeals procedure which applies in respect of reviewable decisions.

This Practice Note outlines the main principles of statutory interpretation relevant to the protection of human rights in UK law, examining the relevant case law and principles, so that lawyers can take them into account when advising, and legislative drafters can ensure new legislation is drafted in accordance with these principles.