The Court of Appeal has this week granted permission to appeal in two landmark cases challenging the entitlement of Zambrano Carers to Homelessness Accommodation under Part VII Housing Act 1996 from Birmingham City & Nottingham City Council
Bhatia Best are instructed on behalf of six Zambrano Carersin the appeals which challenge the compatibility of The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2012 with the judgment of the European Court of Justice in Ruiz Zambrano.
Lord Justice Lewison, in granting permission to appeal, observed that the issues concerning the entitlement or otherwise of Part VII Housing Act Assistance for Zambrano Carers to give effect to their treaty rights is impacting upon Local Authorities’ housing allocation and guidance is required from the Court.
The cases of Mohammad & Another v Nottingham City Council and Merali & Others v Birmingham City Council have been linked and are due to be heard over two days during the course of the next court term under appeal references B5/2013/2832 & B5/2013/287
Counsel for the Appellants are Bryan McGuire QC of Cornerstone Chambers and Lindsay Johnson of Doughty Street Chambers
If you are a Zambrano Carer or a Charity working with Zambrano Carers and are affected by any of the issues raised in this blog, without obligation, please contact the Community Care and Public Law team on 0115 9503231
Legal Aid is currently available for this area of law.