date listed
Tenancy agreements - security of tenure on transfer
Appeal hearing in July 2001;
Inner House of the Court of Session
Knowes Housing Association -v- Corrine Miller
GLC acts for the defender and appellant. This appeal before the Inner House concerns the type of tenancy tenants have following stock transfer from a local authority or Scottish Homes to a housing association. Prior to transfer tenants would have had a secure tenancy. GLC has argued that such tenants retain their 'secure tenancy' following transfer. The reasoning is based upon the failure of many landlords to properly terminate existing secure tenancy in terms of the Housing (Scotland) Act 1987, a straightforward reading of the relevant section of the Housing (Scotland) Act 1988, and Scots common law. Our argument applies only to those tenants who had a secure tenancy created before 1st January 1989, and then transfered to a housing assocation thereafter (approximately 40-50,000). Note - on 2 August 2001, the Extra Division of the Inner House found in favour of the pursuer and respondent; Opinion of the Inner House (Extra Division)
Enviromental health - damp housing and the Environmental
Protection Act 1990
Appeal hearing in December 2001; Inner
House of the Court of Session
Judith Robb -v- Dundee City Council
GLC acts for the pursuer and appellant. This appeal before the Inner
House concerns the use of the EPA in condensation dampness cases. The
EPA - which sets out an aggreived person procedure for 'statutory
nuisances' - has been used successfully in England and Wales (since
the mid-1980s) to force landlords to carry out major repairs, such as
the installation of central heating and external wall insulation.
While GLC and others have had some success with this procedure,
no-one has been able to properly utlise it for dampness cases in
Scotland. A positive outcome in this appeal could have major
implications for tenants throughout Scotland.
Social security - ECHR - failure of Decision Maker to
record/produce 'reasons'
Appeal Tribunal - awaiting new case
listing following hearing in April 2001
In April 2001 at the Glasgow Appeals Service (DLA care and mobility components appeal), GLC challenged the Decision Maker's failure to produce any record of reasons. The Secretary of State had submitted a written submission, which purported to set out detailed reasons for his decision. However, the bundle of documents contained (a) a pro forma decision form which consisted of ticked boxes and no reasons and (b) a review decision form, which consisted simply of a 'stamp' mark stating no revisal. No reasons were given or produced. The case was adjourned for the Secretary of State to respond - the response intimated in May 2001 was that it was incumbent upon the applicant to request the reasons at the time of the decision. However, the fact remains, the Secretary of State appears not to be in a position to produce any record or evidence of reasons (no doubt the position in many DLA and other benefit cases). Accordingly, the Article 6 challenge will be pursued.
Child law - implementation of child supervision orders
Outer House, Court of Session - judicial
review petition to be raised (early June)
Many local authorities in Scotland frequently delay or refuse to implement 'Supervision Requirements' of the Children's Hearing. In terms of the Children (Scotland) Act 1995 and relevant Children's Hearings regulations (SI 1996, No.3260) there appears to be no lawful reason why local authorities can choose not to implement a supervision order. GLC is pursuing a case where a requirement to place a child within a supervised school has effectively been ignored by the authority, resulting in significant difficulties for the family, and child.