Bookstore Basketball finals excite fans despite weather

first_imgThe Bookstore Basketball finals were held Sunday at 8 p.m. and resulted with Finnigans ND squeezing out a win against the Holy Cross Seniors with a final score of 21-17.The Finnigans team included sophomore Conor Colpoys, senior Colin Terndrup, junior Patrick Mazza, junior Brian Spahn and senior Tim Cole.Freshman Rebecca Wiley was in the audience during the game and said she was not expecting it to be as suspenseful as it was.“From my personal experience, when my Bookstore Basketball team had a game it was very relaxed,” Wiley said. “You could tell both teams were playing for something really big … so they put everything they had out there.”Fans endured the nearly two-hour game despite the unusually cold weather for late April. Wiley said the high attendance by fans was indicative of the spirit of the tournament.“You can tell the Bookstore Basketball means a lot to the Notre Dame community considering so many people came out to watch the game even though it was freezing,” Wiley said.Members of both teams suffered minor injuries during the game, and at one point Colpoys was pulled out so that a cut on his knee could be bandaged, although he had barely noticed the cut amidst the excitement of the close game.“It was very surprising how many injuries and blood there was,” Wiley said. “The play was very rough and it just showed how much both teams really wanted to win to represent their respective schools.”Freshman Erin Callaghan said she was impressed by how both teams played, especially after experiencing the competitiveness of Bookstore Basketball with her own team.“Their dedication was obvious,” Callaghan said. “The play was very organized and you could tell they put a lot of thought into their practices and communicating very well on the court.”Callaghan said both teams’ dedication was the key element towards their advancing in the tournament.“Aside from sheer basketball talent, I think that what helped bring both teams to the finals was cohesiveness as a team and a shared desire to win,” Callaghan said.Wiley said she believes the key to making it to the finals is team enthusiasm for the game. She said her favorite part about this tournament is the humor the students brought to it.“It’s been fun seeing people dress up and build humor and community through a sport,” Wiley said. “This game was a great finish to the tournament because it engaged a lot of the Notre Dame community and it was a game that kept everyone on the edge of their seats.”Tags: Bookstore basketball, Bookstore Basketball final 2015last_img read more

Smith: Shumlin’s refugee rhetoric is doing more harm than good

first_imgby Mike Smith According to recent polls, I am in the minority in this country and probably in Vermont too when talking about allowing Syrian refugees into this country, and eventually into our state. I support the Syrian refugee resettlement program. I have an appreciation of, and affinity for, the refugee and resettlement programs in Vermont since my days as secretary of human services. But approximately two-thirds of Americans do not share this opinion. And although I don’t agree with their position I can certainly understand their concerns.These concerns are driven primarily by the fact that it is likely that terrorists slipped into Europe posing as refugees. Fear of an attack happening in the United States is not unfounded.ISIS (as well as others) has been very clear their intent is to target the United States for attack. So questions about safety are legitimate. After all, it is pointed out that even in Vermont an alleged war criminal was allowed to slip through the process and ended up living in this state as a refugee.But instead of addressing safety concerns as legitimate issues some politicians and protestors in Vermont are quick to label those who express concerns as racists. Gov. Peter Shumlin himself said the concerns were being fueled by bigotry and hatred.I don’t buy this argument; not for a second. It’s a total cop out; especially from an elected leader.Vermonters with concerns about the program have not raised resettlement issues before. We have successfully brought in other new Americans into our state. The issue isn’t refugee resettlement. The issue is a question about safety. And a simple reassurance by Shumlin that the program is safe without producing a detailed explanation isn’t good enough.Shumlin can’t say “trust me” because his trust reservoir has been drained by other assurances that have never panned out. For example, his abandonment of single payer after the last election; or the infamous statement that problems with Vermont Health Connect were a “nothingburger” when in fact the program was in shambles. The Vermonters who are raising questions are, for the most part, good people, and they want answers to their safety concerns. Instead of labeling them, a real leader would find ways to quell their fears. Perhaps it is the intent to attach the racist label for political gain. If politics is indeed the motivation, it is a political mistake by Shumlin and others to venture down this road. Leadership is what is needed right now, not politics. Which goes to show you that even when Governor Shumlin has the right idea — sticking up for refugees — he somehow mucks it all up by dismissing, even attacking, Vermonters who have sincere concerns.A levelheaded conversation about safety is what is needed. The story here isn’t as simple as whether you are “for” or “against” the resettlement program, although some are trying to cast it that way.We have a rich history of welcoming those who are oppressed, fleeing for safety, or wanting a better life. I am in favor of the Syrian refugee and resettlement effort and I have taken a barrage of criticism for my position. But those that insult good, decent Vermonters who ask reasonable questions from their government about safety will only undermine a successful refugee and resettlement program in this state.Mike Smith was the secretary of administration and secretary of human services under former Gov. Jim Douglas. He is the host of the radio program, “Open Mike with Mike Smith,” on WDEV. He is also a political analyst for WCAX-TV and WVMT radio and is a regular contributor to the Times Argus, Rutland Herald and Vermont Business Magazine.last_img read more

Minnesota no match for Ohio State on the road

first_imgMinnesota no match for Ohio State on the roadFebruary 4, 2008Jump to CommentsShare on FacebookShare on TwitterShare via EmailPrintThe winless streak continued in Ohio for the Minnesota women’s basketball team Sunday.The Gophers lost on the Buckeyes’ home court for the 23rd-straight time, combining a lackluster offense with a sluggish defensive attack to hand Ohio State a 76-62 win.up next Illinoiswhat: Women’s basketballwhen: 7 p.m., Thursdaywhere: Williams ArenaMinnesota (15-8 overall, 6-5 Big Ten) played poor offense in the first half, and despite improving that in the second half, couldn’t make a comeback because of a lack of second-half defense.“They definitely were playing more physical than we were, and that was a factor,” sophomore center Zoe Harper said. “We were in it in the first half, but in the second half they knocked down some shots, and we didn’t have an answer.”Leading by as much as six points early on, the Gophers managed to fall behind quickly, doing a poor job of taking care of the ball while shooting 39 percent from the floor in the first half.Minnesota combined its inability to find a quality shot with 11 first-half turnovers which translated into 16 points for Ohio State, pushing the Buckeyes out to a 28-19 lead.Ohio State guard Maria Moeller knocked down a pair of wide-open three-pointers and the Buckeyes shot 44 percent from the field to head into halftime with a 32-17 lead.Senior forward Leslie Knight and sophomore guard Brittany McCoy scored six points apiece in an effort to keep the game close, but it turned out to be the Gophers’ ability to out-rebound Ohio State 22-15 in the first half that allowed Minnesota to trail by just five halfway through the game.“The one positive would be that we out-rebounded them,” Knight said. “But other than that, I don’t know that there were that many other positives.” Senior guard Marscilla Packer provided the Buckeyes with the spark needed to put away Minnesota early in the second half. After being pulled from the starting lineup in a surprise move, Packer responded from the bench with 14 second-half points, including three 3-pointers.Ohio State (17-5, 8-3) improved their field goal percentage to 55.2 on the game, and made use of a 21-3 run to all but put the game away with five minutes remaining.“Whatever defensive scheme we threw at them, they just picked it apart,” coach Pam Borton said. “I felt like we never could get it together and get everybody on the same page defensively. They were scoring at will at some points during the game.”One big positive for Minnesota however, was the increased production from Harper at the post position. Coming off of the bench, Harper shot 5-of-8 from the field for 13 points, and grabbed 10 rebounds to lead all players.Harper was averaging only 1.4 points per game in conference play before Sunday, leading Knight to praise Harper’s strides in production.“One positive was Zoe Harper coming in and doing a great job for us off the bench,” she said. “It was great for her, a great step in the right direction, and I was really proud of her.”A concern for the rest of Minnesota’s season was junior guard Emily Fox’s lack of offensive production for the second straight game.Fox shot just 2-of-13 from the field, and has averaged four points per game on the road trip.“Emily is trying too hard and she knows it,” Borton said. “But the best players go through this at some point, and she’s going to get herself out of it.”last_img read more

Vestar Installs Electric Vehicle Charging Stations At Tempe Marketplace

first_imgVestar recently placed eight electric charging stations at its entertainment and retail lifestyle center Tempe Marketplace.Through a partnership with ECOtality, eight Blink charging systems including handicapped accessible units, have been placed on both the north and south side of the center.These installations are part of Vestar’s already well-established GreenStar initiative, the Southwest’s first large-scale commitment to sustainable shopping center techniques.“This sustainable infrastructure enables our customers the ability to charge their electric vehicles while they are enjoying the many offerings at Tempe Marketplace, including our stores, restaurants, movie theatre and other entertainment options,” says Pat McGinley, Vestar’s Vice President of Property Management.The Blink Network of charging stations provides EV drivers the freedom to travel as they choose and conveniently charge at Blink commercial locations along the way, including Tempe Marketplace.ECOtality is the project manager of The EV Project, a research initiative to help build America’s future EV infrastructure. The project will study EV infrastructure to support the deployment of EVs in key markets, by collecting and analyzing data from vehicles and chargers. For more information about The EV Project, visit theevproject.com.last_img read more

NEWS SCAN: Fungal meningitis, E coli and cardiac events, daycare reptile rules, BSE agent in saliva, H5N1 in Bangladesh, new US malaria center

first_imgNov 20, 2012Fungal meningitis cases hit 490Over the past few days 10 more infections and one additional death have been reported in a fungal meningitis outbreak linked to tainted injectable steroids, according to an update yesterday from the US Centers for Disease Control and Prevention (CDC). The update raises the total case count to 490 and the death toll to 34. The methylprednisolone acetate doses from New England Compounding Center (NECC) implicated in the outbreak were also used to treat joint problems, and the CDC said it received one more report of a related peripheral joint infection, pushing that total to 12. Meanwhile, a Senate committee that is investigating the outbreak sent letters to pharmacy boards in all 50 states asking how they oversee compounding pharmacies and what actions they’ve taken in light of the outbreak, according to a statement yesterday from the Senate Health, Education, Labor, and Pensions (HELP) Committee. The committee held a hearing on Nov 15 to learn more about how the outbreak occurred and why regulators failed to prevent the tainted steroids from reaching patients.Nov 19 CDC fungal meningitis outbreak updateNov 19 Senate HELP committee statementNov 15 CIDRAP News story “Senate committee raises more meningitis outbreak questions”Walkerton E coli outbreak caused no increase in cardiovascular eventsThe big Escherichia coli O157:H7 outbreak in Walkerton, Ont., in 2000 did not increase residents’ subsequent risk of cardiovascular events, according to a report yesterday in the Canadian Medical Association Journal (CMAJ). The authors write that Shiga toxin released by the pathogen damages the kidneys, leading to hypertension, and may lead to chronic inflammation of the circulatory system, which may promote atherosclerosis. The researchers used data from the Walkerton Health Study and Ontario’s healthcare databases to compare cardiovascular events in four groups of adults aged 40 to 89: 153 Walkerton residents who had severe gastroenteritis, 414 Walkerton residents who had mild gastroenteritis, 331 Walkerton residents with no gastroenteritis, and 11,263 people from surrounding communities unaffected by the outbreak. The participants were followed from 2002 through March 2010. Overall, 1,174 people died or had a major cardiovascular event. The analysis showed no increase in cardiovascular risk for those who had severe gastroenteritis (hazard ratio, 0.74; 95% confidence interval [CI], 0.38-1.43), and there was a slight decrease in risk for those with mild gastroenteritis (hazard ratio, 0.64; 95% CI, 0.42-0.98). The authors suggest that because of their participation in the Walkerton Health Study, residents may have received extra screening and treatment for hypertension and kidney disease. They found that the incidence of prescriptions for antihypertensive drugs increased more sharply among the Walkerton residents than in those of surrounding towns during the study period.Nov 19 CMAJ reportStudy finds gaps in rules on reptiles, amphibians in childcare centersState regulations for preventing Salmonella transmission from reptiles and amphibians vary for childcare centers, as some rules banning dangerous animals don’t appear to emphasize the known risks posed reptiles, researchers reported yesterday in a letter in Emerging Infectious Diseases. Investigators from Columbia University and EcoHealth Alliance, both based in New York, reviewed state regulations aimed at curbing Salmonella infections from reptiles and amphibians in childcare centers. They found that as of December 2011 only 50% of states had rules requiring staff and children to wash their hands after touching any animals. Twelve states banned reptiles from the centers, and 3 of the 12 also barred amphibians. Some states had rules barring dangerous animals from childcare centers, but only a few specifically mentioned reptiles. Colorado appeared to have the most explicit rules, which ban reptiles, amphibians, and potentially dangerous animals and also require staff and children to wash their hands after touching animals. The researchers said their review might underestimate regulations that are in place, because cities and counties might have them. However, they said their findings suggest that stronger regulations could boost public health efforts to reduce Salmonella infections in young children.Nov 19 Emerg Infect Dis letterResearchers detect BSE evidence in cattle salivaDiagnosing bovine spongiform encephalopathy (BSE, or mad cow disease) typically requires brain or spinal cord samples, but a letter yesterday in Emerging Infectious Disease describes detection of BSE evidence in the saliva of cattle. Using Western blot and immunohistochemical tests, Japanese scientists detected the accumulation of BSE-causing misshapen prion proteins, called PrPSc, in brains collected at necropsy from three experimentally infected cows but also in saliva in all three cows at necropsy and in two of the cows at the early stages of clinical disease. After the saliva samples underwent three rounds of amplification, the team was able to detect PrPSc in the third cow 2 months before the onset of signs. They conclude, “Our findings suggest that PrPSc is likely to be detected in the saliva of BSE-affected cattle during the clinical stage of disease, after accumulation of PrPSc in the brain.” They also say the presence of PrPSc in saliva may help explain the spread of two related diseases: scrapie in sheep and chronic wasting disease in deer.Nov 19 Emerg Infect Dis letterH5N1 strikes Bangladesh poultry farmLivestock officials in Bangladesh yesterday announced an H5N1 avian influenza outbreak at a commercial poultry farm in Dhaka division, according to their report to the World Organization for Animal Health (OIE). The outbreak, which began on Oct 23, killed 156 of 4,191 susceptible birds, and the remaining ones were culled to curb the spread of the virus. Officials haven’t yet determined how the flocks were infected. The country’s last H5N1 outbreak occurred in April, when the virus struck nine poultry farms in Dhaka, Khulna, and Rajshahi divisions.Nov 19 OIE reportNIH awards $19 million to start Georgia malaria centerThe National Institutes of Health has awarded a 5-year contract worth up to $19.4 million to establish the Malaria Host-Pathogen Interaction Center (MaHPIC) in Georgia. Researchers from Emory University will head the center, with partners at the University of Georgia (UGA), the Georgia Institute of Technology (Georgia Tech), and the US Centers for Disease Control and Prevention (CDC), according to an Emory press release yesterday. The MaHPIC team will use a multidisciplinary systems-biology approach to study and catalog in detail how malaria parasites interact with their human and animal hosts in order to develop better diagnostics and treatment options. The principal investigator is Mary Galinski, PhD, professor of medicine, infectious diseases, and global health at the Emory University School of Medicine. MaHPIC plans to share the project’s data and new analytical tools with the global scientific community via the Internet.Nov 19 Emory University news releaselast_img read more

Sciencefest Science On Tap At projectY: Dr. Hunter McDaniel On Feeding The Future With Quantum Dots

first_imgLACD News: UbiGro is a nanotech-enabled greenhouse film by UbiQD, Inc. that red-shifts the sun’s spectrum using quantum dots for improved crop yield and quality. UbiGro has been shown effective for various high-value crops in multiple climates, and is currently installed in greenhouses in five states and four countries. Los Alamos-based UbiQD enabled this innovation with its safer, cheaper, and more reliable quantum dot technology. More information about Science On Tap and other Bradbury Science Museum programs and events can be found at https://www.lanl.gov/museum/events/. Dr. Hunter McDaniel Science On Tap is sponsored by the Los Alamos Creative District and hosted by the Bradbury Science Museum. The On Tap series begins each evening with an informal 10-15 minute lecture followed by a lively group discussion. All ages are welcome! On Tap is a way for people to get out and about in the community, learn something new, and meet people with similar interests. The “On Tap” series happens twice a month. The discussions are supported by Bradbury Science Museum, Los Alamos Arts Council/Fuller Lodge Art Center, Los Alamos Historical Society and PEEC at The Nature Center. This event 5:30 p.m. Thursday, July 11 at projectY cowork and will feature a conversation with Dr. Hunter McDaniel, founder and CEO of UbiQD. Courtesy/LACDcenter_img To learn more about other 2019 ScienceFest events, check www.LosAlamosScienceFest.com and find them on social media, via Facebook, Twitter, and Instagram. Join the Bradbury Science Museum and the Los Alamos Creative District for a special ScienceFest edition of Science On Tap. “Our story is about leveraging nanotechnology for sustainability, licensed out of world-class research institutions like Los Alamos National Lab and M.I.T. targeting big, fast growing market opportunities,” McDaniel said. “We use nanotechnology to make plants grow faster. Growers know that the late summer often provides the best crop outcomes, and UbiGro simulates the late summer sun year round.” Registration for this event is not required. Admission is free. UnQuarked Wine Room by Sirphey will be offering a wide selection of wines at this event. The Los Alamos Creative District is a program of Los Alamos Commerce & Development Corporation; a private, not-for-profit economic and community development organization serving the Los Alamos area since 1983. LACDC serves as the umbrella organization for the Los Alamos Chamber of Commerce, Los Alamos MainStreet, Discover Los Alamos, Los Alamos Small Business Center, Los Alamos Creative District, projectY cowork Los Alamos, and the Los Alamos Research Park.last_img read more

British Land pulls into Euston

first_imgThe £1bn-plus regeneration project will involve tearing down the existing 1960s structure and replacing it with a larger scheme with more office and retail space. The number of platforms will be increased from 18 to 21. The scheme covers 15 acres of land around the station, where 4.2m sq ft of space will be created.Network Rail is upgrading its main London stations. Hammerson has been appointed to upgrade Victoria. And US group Hines is about to secure the £360m redevelopment of Cannon Street in the City.last_img read more

Matheson Tri-Gas buys Polar Cryogenics

Subscribe Get instant access to must-read content today!To access hundreds of features, subscribe today! At a time when the world is forced to go digital more than ever before just to stay connected, discover the in-depth content our subscribers receive every month by subscribing to gasworld.Don’t just stay connected, stay at the forefront – join gasworld and become a subscriber to access all of our must-read content online from just $270.

Clarity on TUPE

first_img Hugh Barrett, Executive director for commissioning, Legal Services Commission In your article titled ‘Law Society calls for halt to BVT rollout’, [Law Society chief executive] Des Hudson expressed concerns about BVT (see [2009] Gazette, 21 May, 3). Since this is a consultation, and I cannot anticipate its result, I will not address Des’s point about timelines. However there is one point I can clarify for the benefit of your readers. Des says we are ‘strangely silent’ on the question of TUPE. In fact, we set out in detail our understanding of the law at paragraphs 4.87-4.88 of the first consultation on BVT (December 2007). This made it clear that in our view TUPE is unlikely to apply to the form of tender that would take place under our BVT proposals, and explained why. Our position on this issue has not changed.last_img read more

Travellers, homelessness and bricks and mortar

first_img Per the 18 January 2001 decision of the European Court of Human Rights in Chapman v UK (App No 27238/95): ‘The vulnerable position of gypsies as a minority means that some special consideration should be given to their needs and their different lifestyle both in the relevant regulatory planning framework and in arriving at decisions in particular cases.’ According to Newman J in R (Margaret Price) v Carmarthenshire County Council [2003] EWHC 42 (Admin): ‘In order to meet the requirement to accord respect, something more than “taking account” of an ­applicant’s gypsy culture is required. As the court in Chapman stated, respect includes the positive obligation to act so as to facilitate the gypsy way of life, without being under a duty to guarantee it to an applicant in any particular case.’ Again, per Price, article 8 (right to respect for private and family life) of the European Convention on Human Rights does require an authority to carefully examine a gypsy’s claim for special consideration and, if satisfied that it is genuine, whether in all the circumstances it should attempt to meet it and if so how. However, if despite such consideration (including appropriate and genuine ‘consideration of ways and means of meeting the gypsy’s claim’), a failure to provide a caravan site or pitch would only breach statutory duty (section 193) or article 8 if the offer fell below the Wednesbury minimum line. Consequently, where suitable land is not available to meet traveller requirements, ‘it is open to a local authority to provide other accommodation of the conventional bricks and mortar kind, providing that it satisfies the Wednesbury minimum line of ­suitability’. But what of potential psychiatric harm in respect of the homeless applicant? Patten LJ considered that a cultural aversion to bricks and mortar is ­insufficient to make such an ­accommodation offer Wednesbury unreasonable even if it may risk bouts of depression. In relation to Mrs Sheridan, it is ‘reasonable for those to be treated if they occur in just the same way as she has sought and obtained treatment for depression in the past’. His lordship said that the physical separation of Mr and Mrs Sheridan is the inevitable result of their lawful removal from Dale Farm, ­coupled with their decision not to seek joint accommodation as a single family unit. Given that the risk of psychiatric harm was an existing problem which would not be avoided within the terms of their separate accommodation applications, it was not Wednesbury unreasonable for the council to ­proceed on the basis that the ­psychiatric problems should be dealt with through use of local NHS services. Dr Nicholas Dobson is a senior consultant with Pannone specialising in local and public law. He is also communications officer for the Association of Council Secretaries and Solicitors ‘…suitability has to take account of practicality. There is no point in… [an] authority being required to provide sites which do not exist’. ‘…suitability is not itself an absolute concept. It may have various levels, though there is a Wednesbury minimum depending on the circumstances of each case, below which it cannot fall’. Although financial constraints and limited housing stock can be taken into account in determining suitability (per Collins J in R v Newham LBC, ex parte Ojuri (No 3) [1998] HLR 452): ‘There is a minimum and one must look at the needs and circumstances of the particular family and decide what is suitable for them, and there will be a line to be drawn below which the standard of accommodation cannot fall.’ If the accommodation falls below that line, and is accommodation which no reasonable authority could consider to be suitable to the needs of the applicant, then the decision will be struck down, and an appeal to the resources argument will be of no avail (see Dyson J in R v Newham London Borough Council, ex parte Sacupima and others (26 November 1999)). Where a local housing authority is shown to be doing all it could, ‘the court would not make an order to force it to do the impossible’. Suitability should be regarded as an elastic concept, with Wednesbury marking the line below which no reasonable authority could consider accommodation to be reasonable. Relevant case law principles Section 193 duty Potential psychiatric harmcenter_img The court noted various principles and approaches developed by the courts where (as at present) ‘the challenge to the suitability of the accommodation is not directed to the standard of the accommodation but to its type’. For instance, in Codona v Mid-Bedfordshire District Council [2004] EWCA Civ 925, the applicant was also a gypsy who refused conventional bricks and mortar accommodation. On the issue of whether a present lack of available land for use as a caravan site should be taken into account in deciding whether the bricks and mortar accommodation offered to Mrs Codona and her family was suitable, Auld LJ (among other things) noted from relevant case law and otherwise that:Patten LJ also noted from the judgment of Longmore LJ in Lee v Rhondda Cynon Taf County Borough Council [2008] EWCA Civ 1013 that, since homelessness applications are expected to be determined within a short timescale using existing resources, and since acquiring a new caravan site will involve potentially lengthy planning processes, to expect a housing authority to do so where appropriate in the discharge of its homelessness duty would be inconsistent with the promptness and otherwise required by the relevant statutory scheme. The court noted that previous legislation dealing with the needs of gypsies and other travellers gave authorities no powers to override normal planning procedures. Similarly, the 1996 act is not legislation specifically designed to cater for the needs of gypsies and travellers. It contains ‘general statutory powers and duties designed to deal with the problems of homelessness’ and (per section 193) those having a priority need. As Patten LJ noted, section 193 (when read with section 206) requires ‘suitable accommodation’ to be made available to the eligible applicant. ‘Suitable’ means suitable as accommodation for the person to whom the duty is owed. Available sites The complaint was that, since the council had consciously chosen not to make adequate site provision for ­gypsies and travellers within its area, it could not rely on the absence of ­available sites as a relevant factor in assessing the suitability of offered accommodation. Nevertheless, while Patten LJ acknowledged that the points raised were ‘powerful’, he was not persuaded that this could be addressed through a homelessness appeal to the county court (section 204 of the Housing Act 1996). For it would be ‘completely unrealistic’ for a housing officer on a section 202 review to conduct a ­general inquiry into homelessness strategy and the adequacy of site ­provision. This would involve matters outside housing officer expertise and would require detailed and probably extensive evidence. The review must have been intended to have a much narrower focus of whether the accommodation offer from within the authority’s existing resources adequately met the applicants’ needs. The court, also on the evidence, accepted that the council had taken the necessary reasonable steps to identify a possible site or sites on which the appellants could live in their caravans. In the circumstances and on the evidence, the Court of Appeal found no error of law in the council’s relevant decisions and therefore dismissed the appeals. Basildon Borough Council did not act unlawfully when offering bricks and mortar accommodation to homeless former Dale Farm travellers. So found the Court of Appeal on 21 March 2012 in Sheridan and others v Basildon Borough Council [2012] EWCA Civ 335, which also usefully considered the extent of a housing authority’s homelessness duties in this context. Judgment was given by Patten LJ in which the chancellor of the High Court (Sir Andrew Morritt) and Pitchford LJ expressed one-line agreement. The case concerned former residents of the unauthorised Dale Farm site which was subsequently lawfully cleared. All three appellants (Mr and Mrs Sheridan and their children and Mrs Flynn) were eligible for housing assistance, not intentionally homeless and were in priority need. They were therefore covered by section 193 of the Housing Act 1996 which (per section 193(2)) provides that, unless the authority refers the application to another housing authority, it ‘shall secure that accommodation is available for occupation by the applicant’. Under section 206(1) a local housing authority may discharge its homelessness functions only as specified. This is by: (a) securing that suitable accommodation which it provides is available; (b) securing that the applicant obtains suitable accommodation from some other person; or (c) providing the applicant with ‘such advice and assistance as will secure that suitable accommodation is available from some other person’. Mr and Mrs Flynn were separated and made separate housing applications rather than be accommodated together. Since there was no prospect of suitable accommodation being provided by a third party, the council made accommodation offers from within its housing reserve. The applicants were offered conventional bricks and mortar accommodation, but rejected this as unsuitable and sought a statutory review under section 202 of the 1996 act on the sole basis of aversion to such conventional accommodation. As for Mr Sheridan, a report from a consultant psychiatrist concluded that there would be a significant risk of Mr Sheridan suffering psychiatric harm if forced to accept the accommodation in question and this ‘could amount to a death sentence for him’. Regarding Mrs Sheridan, the report indicated the possibility that ‘her distress about what she would see as an impossible situation might drive her to deliberately harm herself’, albeit not with fatal intention.last_img read more