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Social work law & policy
27th April 2010
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Marriage
A missing requirement on the handout is
that both parties must be human.
Erika La Tour Eiffel
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Forbidden degrees of relationship 1
A man cannot marry/a woman cannot enter into civil
partnershipwith his/her Mother
Daughter Grandmother
Granddaughter
Sister
Aunt
Niece
Great-grandmother
Great-granddaughter
Adoptive mother or former adoptive mother
Adopted daughter or former adopted daughter
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Forbidden degrees of relationship 2
A woman cannot marry/man cannot enter into a civil
partnershipwith her/his: Father
Son Grandfather
Grandson
Brother
Uncle
Nephew
Great-grandfather Great-grandson
Adoptive father or former adoptive father
Adoptive son or former adoptive son
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Forbidden degrees of relationship 3A man may not enter civil
partnership with/woman marry
his/her
A woman may not enter civil
partnership with/man marry her/his
Former wifes son/grandson Former husbands
daughter/granddaughter
Former civil partners son/grandson Former civil partners
daughter/granddaughter
Mothers/grandmothers former
husband
Father/grandfathers former wife
Fathers/grandfathers former civil
partner
Mothers/grandmothers former civil
partner
These exclusions do not apply if both parties have attained the
age of 21 at the time of
the marriage/civil partnership and the younger party has not at
any time before
attaining the age of 18 lived in the same household as the other
party and been treated
by the other party as a child of his /her family.
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Homelessness 1
Those who are homeless or threatened withhomelessness (i.e.
likely to become homeless within
2 months) can seek help from local authority Homelessness
involves:
Having no permanent accommodation which it isreasonable to
occupy
Having such accommodation but (e.g) Entry to it cannot be
secured
Occupation of property would lead to risk of violence
Accommodation overcrowded and may endanger health
ofapplicants
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Homelessness 2
Local authority has duty to carry out aninvestigation where it
appears that applicant ishomeless/threatened with homelessness
Designed to answer a number of questions: Is applicant
homeless/threatened with homelessness?
Does applicant have priority need? (to be abolished in2012)
Is applicant intentionally homeless? (now discretionary) Does
applicant have a local connection?
Answers to these will determine duties owed byauthority
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Does applicant have priority need? Main categories (expanded
from handout): Dependent children
Homelessness caused by emergency/disaster
Applicant/co-resident pregnant/
Applicant vulnerable because of old age; mental illness;
personality
disorder; learning disability; physical disability; chronic ill
health; havingsuffered a miscarriage or undergone an abortion;
having been dischargedfrom a hospital, a prison or any part of the
regular armed forces of theCrown; or other special reason
Aged 16 or 17
Aged 18 to 20 who runs the risk of sexual or financial
exploitation orinvolvement in the serious misuse of alcohol, any
drug or any volatile
substance Aged 18 to 20 who was looked after aged 16 or over and
is no longerlooked after
A person who runs the risk of domestic abuse
A person who, by reason of that person's religion, sexual
orientation, race,colour or ethnic or national origin runs the risk
of violence, or is, or islikely to be, the victim of a course of
conduct amounting to harassment.
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Is applicant intentionally homeless? Criteria:
the applicant must deliberately have done, or failed to
do,something in consequence of which he or she has ceased tooccupy
accommodation which was at the time available to
them. it must have been reasonable for the applicant to have
continued to occupy the accommodation - local authoritymay have
regard to the general circumstances prevailing inrelation to its
area in applying this test.
the applicant must have been aware of all the relevant facts
before taking or failing to take the deliberate actions
referredto above
Local authorities have discretion to leave intentionalityout of
account
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Local connection Can involve variety of factors, including
residence, employment, family.
If no local connection and connection with
other area in GB canbe referred to other
area unless risk of domestic violence
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LA duties Secure provision of permanent accommodationif in
priority need and not intentionallyhomeless Permanent accommodation
defined as
accommodation secured by a Scottish SecureTenancy or by an
assured tenancy which is not ashort assured tenancy
Provide advice and assistance and temporary
accommodation where priority need butintentionally homeless
Provide advice and assistance if not in priorityneed
