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Housing Homeless PersonsAdministrative Law and the Administrative Process$
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Ian Loveland

Print publication date: 1995

Print ISBN-13: 9780198258766

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198258766.001.0001

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Intentional Homelessness

Intentional Homelessness

Chapter:
(p.193) 7 Intentional Homelessness
Source:
Housing Homeless Persons
Author(s):

IAN LOVELAND

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198258766.003.0008

This chapter focuses on the three councils' implementation of a provision of the Act in respect of which there is widespread agreement that local authorities do suffer ‘particular difficulty’: the concept of intentional homelessness. The data presented strengthens the impression that many of Midland's decisions were clearly ultra vires. It also suggests that, while Western's officers were most unlikely to make basic legal mistakes, they might on occasion produce unlawful decisions when faced with unusual situations. While Eastern's implementation of s.60 was less legally ‘correct’ than Western's, in the sense that officers did not refer to case law to justify their conclusions, there was little indication that the HPU systemically made substantively indefensible decisions. In contrast, Midland's more regular and fundamental legal errors produced a substantively more restrictive (and overtly ultra vires) interpretation of intentionality.

Keywords:   Housing (Homeless Persons) Act 1977, homelessness legislation, city councils, ultra vires, Eastern Council, Midland City Council, Western Borough Council

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