11th May 2016
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Lime Legal’s

Homelessness Conference 2016
Law & Best Practice
Wednesday 22nd June 2016, London
Venue: Copthorne Tara Hotel, Kensington, London W8 5SY

The major annual Conference addressing key changes in Homelessness work
“Always the best Homelessness Conference of the year”
(Housing Options Adviser past delegate)

Click here for details

 
HOUSING LAW NEWS & POLICY ISSUES

Empty homes (1)
On 28 April 2016 the DCLG reported that the number of empty homes is now at its lowest level since records began. This equates to a drop of over a third from 318,642 in 2004 to 203,596 in 2015. For the latest figures, click here

Empty homes (2)
The House of Commons Library has published a briefing outlining local authorities’ powers to tackle empty housing and other relevant initiatives. It also discusses Government action around this issue. To read the briefing, click here

Lifetime tenancies
Proposed changes to lifetime tenancies in the Housing and Planning Bill will: require local authorities to grant future tenants fixed term tenancies and carry out a review of the tenant’s circumstances at the end of the fixed term; protect the security of existing lifetime tenants who remain in their homes; guarantee that existing lifetime tenants who are moved by the local authority (at the authority’s behest) into a new council home are granted a further lifetime tenancy; and require local authorities to grant existing lifetime tenants who choose to move a fixed term tenancy, except in limited circumstances, such as where they are moving for work or downsizing to a smaller social home. The DCLG has now published an equalities impact assessment in respect of that policy. To read that assessment, click here

Private rents
HomeLet Rental Index reveals that rents on new tenancies outside of London over the three months to April 2016 were, on average, 5.1% higher than in the same period of last year. That was barely changed from March’s figure of 4.9%. In London rents on new tenancies signed over the three months to the end of April were 7.7% higher than a year ago, the third successive month that London has registered this rate of increase. For more details, click here

Housing Benefit
The DWP has published HB Direct Issue 167 which provides latest information on policy changes, good practice and initiatives that affect Housing Benefit. To access the newsletter, click here

Data protection
A Scottish council has been criticised by the Information Commissioner for repeatedly failing to train staff around data protection. West Dunbartonshire Council were told to implement training on several occasions, as well as being advised to put in place a policy around home working. Eventually the theft of confidential information removed from the office to be worked on at home caused the Information Commissioner’s Office to issue an enforcement notice. For details of the case, click here

Right to rent checks
The Home Office has produced a video explaining how landlords can make right to rent checks on their tenants. To watch the video, click here

Homelessness
On 9 May 2016 Manchester City Council launched its Homelessness Charter. The Charter has brought together city leaders, faith groups, businesses, the voluntary sector, street charities, CityCo, Greater Manchester Police, Greater Manchester Fire and Rescue Service, Manchester Clinical Commissioning Groups, and Manchester City Council in order to tackle the problem of homelessness in the city. For details of the Charter, click here For the Council’s press notice, click here

Homelessness applications by assured shorthold tenants
The House of Commons Library has published a briefing paper which considers the practice of English local authorities requiring assured shorthold tenants, who have been served with a notice of the landlord’s intention to seek possession under section 21 of the Housing Act 1988, to remain in situ until a court order/bailiff’s warrant has been obtained before accepting a statutory duty under the homelessness provisions of Part 7 of the Housing Act 1996 (as amended). To read the briefing, click here

Housing regeneration
On 9 May 2016 the Chartered Institute of Housing, Poplar HARCA and Sheffield Hallam University's CRESR published a report – Regeneration revival? Making housing-led regeneration work across England – which calls for changes to be made in the way regeneration funding is provided. CIH believes that the £140 million fund announced by the Prime Minister earlier this year will not be sufficient to deliver the scale of change desired by government and that there also needs to be more flexibility around funding. To read the report, click here To read the summary, click here

Right to Buy
On 26 April 2016 the Public Accounts Select Committee published a report relating to the extension of Right to Buy to housing association tenants. The Committee concluded that the policy has potentially significant impacts for both local authorities and tenants of social housing, especially in areas where house prices are high. The Committee noted that despite the implications and complexity of this policy, the DCLG has not published a detailed impact assessment to inform Parliament’s consideration of its legislative proposals. Many key policy details have not been clarified, with the Department offering only vague assurances as to how this policy will be funded, without producing any figures to demonstrate that additional funding from central or local government will not be required. To access the report, click here For media coverage of the report, click here

Right to Buy – Wales
Denbighshire Council is the latest local authority in Wales to consider suspending the Right to Buy. A report has been submitted to the council stating that even though 700 homes have been provided as affordable homes in Denbighshire since 2004 the loss of 4,000 properties means a net loss of just under 3,300 from the social housing sector. For a media report, click here

Help to Buy – Wales
On 27 April 2016 the Welsh Government published data which include information on the number of homes purchased and the value of the loans received under the Help to Buy – Wales: Shared Equity Loan scheme. From the introduction of the scheme on 2 January 2014 until 31 March 2016 a total of 3,084 property purchases were completed using a Welsh Government shared equity loan. To access the data, click here

Start Spreading The News
If your organisation has a success story such as the effective use of legislation or a new policy or practice initiative that may be of interest to other Housing Professionals then please send details to info@housinglawweek.co.uk so that we can consider including it in a future issue of HLW and bring it to the attention of fellow practitioners.
HOUSING LAWS IN THE PIPELINE

Housing and Planning Bill
This is a UK Government Bill about social and private rented housing, rogue landlords, estate agents, planning and compulsory purchase. It has completed all its House of Commons stages and is now passing through the House of Lords. The Bill completed its Report stage on 25 April 2016 and had its Third Reading on 27 April 2016. The Bill has now entered the ‘ping pong’ procedure. For a House of Commons Library briefing paper considering the process in respect of this Bill, click here For a copy of the Lords non-insistence, insistence, reasons, amendments and amendments in lieu, click here For a copy of the Bill as amended on Report,  click here For the Explanatory Notes, click here For the official Impact Assessment of the Bill, click here  To follow the progress of the Bill, click here . To read the debates at all stages of the Bill, click here. For the House of Lords Library research briefing on the Bill, click here. For a letter to The Guardian, signed by more than 70 academics, objecting to the proposals in the Bill, click here

Immigration Bill
This UK Government Bill would create four new offences to target those landlords and agents who repeatedly fail to comply with the ‘right-to-rent scheme’ by letting to tenants subject to immigration restrictions or who fail to evict tenants who they know or have reasonable cause to believe are disqualified from renting as a result of their immigration status. The Bill has completed its House of Commons stages and has now moved into the House of Lords where it had its Third Reading on 12 April 2016. The Bill has now entered the ‘ping pong’ procedure. For a House of Commons Library briefing paper considering the process in respect of this Bill, click here For the Lords insistence, reason, non-insistence and amendments in lieu click here For a copy of the Bill as amended on Report, click here For a House of Commons Library briefing paper explaining the amendments made in the House of Lords, click here For the Explanatory Notes for the Bill as it entered the Lords, click here  For the official Impact Assessment, click here  For the debates at all stages of the passage of the Bill, click here To follow the progress of the Bill, click here 

Housing (Amendment) Bill
This is a Bill introduced in the Assembly by the Northern Ireland Executive. It would make provision for the better sharing of information relating to empty homes or to anti-social behaviour and provide for the registration of certain loans as statutory charges. For a copy of the Bill, click here For the explanatory memorandum (listed under ‘All associated documents and links’), click here  For a commentary on the Bill, click here The Bill completed the Further Consideration Stage on 15 February. For an official report of the Further Consideration Stage, click here The Bill passed the Final Stage on 23 February and is awaiting Royal Assent. To read a report of proceedings (commencing at 3.30 pm), click here To follow progress of the Bill, click here

Houses in Multiple Occupation Bill
This is a Bill introduced in the Assembly by the Northern Ireland Executive.  It would make provision for and in connection with the licensing of houses in multiple occupation in Northern Ireland. The Bill completed the Further Consideration Stage on 7 March 2016 and Final Stage on 15 March 2016 and is awaiting Royal Assent. For an official report of the proceedings, click here For a copy of the Bill as amended at Further Consideration Stage, click here For an Explanatory and Financial memorandum at that stage, click here  

Homes (Fitness for Human Habitation) Bill
This is a Private Members’ Bill introduced by Karen Buck MP. It would amend the Landlord and Tenant Act 1985 to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation. For a copy of the Bill, click here   It had its Second Reading on 16 October 2015 but was talked-out. It was again listed for a Second Reading on 11 March 2016 but was objected to and the Second Reading debate is due to resume on 13 May 2016 but the Bill is not likely to progress in this session. For details on the (unlikely) future progress of the Bill, click here For a lawyer’s commentary on its content, click here For the Shelter Blog on the Bill and its importance, click here For a commentary from Dr Stephen Battersby, click here For the House of Commons Library Briefing on the Bill, click here  For the MP’s own perspective on her Bill being talked-out in October 2015, click here For the response of the MP who talked-out the Bill, click here

Local Government Finance (Tenure Information) Bill
This is a Private Members’ Bill introduced by Dame Angela Watkinson MP. It would amend the Local Government Finance Act 1992 to make provision for collecting information about tenure and the details of private landlords. For a copy of the Bill, click here  It had a First Reading on 24 June 2015 and its Second Reading is to be on a date yet to be announced. Since there are no available dates for Second Reading of Private Members’ Bills in the current session, the Bill will not progress in this session. For details on the progress of the Bill, click here For the Briefing Paper prepared by the House of Commons Library, click here

Crown Tenancies Bill
This is a Private Members’ Bill introduced by Mark Pawsey MP but which now has UK Government support. It would provide that Crown tenancies (mainly of properties owned by Government Departments) may be assured tenancies for the purposes of the Housing Act 1988, subject to certain exceptions, and would modify the assured tenancies regime in relation to certain Crown tenancies (including by provision of a new ground for possession).  It had a First Reading on 24 June 2015 and its Second Reading was re-scheduled for 11 March 2016 but on that occasion was not moved for a Second Reading. Since there are no available dates for Second Reading of Private Members’ Bills in the current session, the Bill will not progress in this session. For a copy of the Bill, click here For the Explanatory Notes, click here  For details on the progress of the Bill, click here For the House of Commons Library Briefing note that has been prepared for the Second Reading, click here  

NEW HOUSING CASES

R (on the application of O) v London Borough of Lambeth [2016] EWHC 937
‘O’ was the claimant child, supported by her mother and litigation friend, ‘PO’, in this application for judicial review of the decision of the London Borough of Lambeth Council to refuse to provide her with accommodation and support. O argued that the local authority’s decision was irrational and unlawful.

Helen Mountfield QC sitting as a Deputy High Court Judge, summarised the legal framework concerning section 17 Children Act 1989 and the general duties this imposes on local authorities at paragraphs [5] to [22] of her judgment.. In particular, the Judge highlighted that whether or not a child is ‘in need’ is a question for the judgement and discretion of the local authority, and appropriate respect should be given to the assessments of social workers, who have a difficult job in financially straitened circumstances [paragraph 17]. Further, the Judge emphasised that the local authority is entitled to draw inferences of ‘non-destitution’ from the combination of (a) evidence that sources of support have existed in the past and (b) lack of satisfactory or convincing explanation as to why they will cease to exist in future [paragraph 20].

Having set out the relevant law, the Court considered the two grounds of challenge made by the claimant, ‘O’. O argued that the local authority’s assessment of her as not being in need was irrational. O was born in the UK in 2010. Her mother, PO, was a Nigerian national and an over-stayer, having entered the UK on a six month visitor visa in 2007. It was claimed they had no recourse to public funds, minimal family support and were destitute and in need.

The Local Authority disagreed. O was not in need, and even if the Court found that she was in need, the needs of the family could be met by relocating to Nigeria [paragraph 31].

The Judge found in favour of the Local Authority and dismissed O’s claim. The Judge found that the family did have a reasonable level of support and that PO had been dishonest in seeking to conceal her income from the local authority [paragraph 45]. Additionally, O and PO had been assisted by friends with accommodation in the past. O and PO could provide no explanation as to why such support could no longer continue [paragraph 49]. As such, it was a reasonable inference for the Local Authority to conclude that O was not a child in need.

Summary by Patrick Paisley  barrister, 1 Garden Court Family Law Chambers For the full judgment click here

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Turner v South Cambridgeshire District Council [2016] EWHC 1017 (Admin)
This appeal concerned the issue of availability of Council Tax Reduction (“CTR”).   The appellant, Mr Turner had received CTR from South Cambridgeshire District Council (“the Council”) until September 2013 when the Council decided to cancel it because it considered that the appellant had failed to provide information it required under the CTR Scheme.

Mr Turner asserted that he has provided all information that the Council could reasonably require and all that he had failed to do was to complete a form.  Mr Turner’s appeal to the Valuation Tribunal of England (“VTE”) was dismissed and so he applied to the High Court for permission to appeal out of time and, if permission was granted, appealed against the VTE’s decision.

Mr Justice Warby concluded that Mr and Mrs Turner had been in receipt of relief from Council Tax from 207 to 2013, initially by way of Council Tax Benefit and latterly in the form of CTR.  The Council decided to review the Turners’ financial circumstances to determine whether they were still entitled to CTR and requested information on 21 August 2013. Having not received a response the Council suspended the CTR with effect from 30 September 2013.   His Lordship analysed the correspondence passing between the appellant and the Council and found that the Council had made “some relatively straightforward requests for information, evidence, and verification” and that the VTE had been fully entitled to conclude that they were reasonable and that the Council had an “ample basis for finding that they were not met.”

Accordingly, he refused the application for an extension of time and dismissed the appeal. For the full judgment click here For a detailed analysis and commentary by Richard Hanstock who appeared for the Council click here

Controlling or Coercive Behaviour Conviction
The Crown Prosecution Service reports the conviction (following a guilty plea) of a man who admitted to controlling or coercive behaviour in an intimate relationship.  Lorraine Anson, reviewing lawyer at the CPS, described how the victim had been subjected to behaviour which included rarely being allowed out alone and, how her movements were monitored including making her keep parking receipts.  The perpetrator is also reported to have “continuously belittled” her and kept her family and friends away as well as checking her social media accounts and phone messages and controlling her appearance.  He was sentenced to 18 months’ imprisonment suspended for 18 months with a Community Order for 18 months in respect of the controlling or coercive behaviour charge and in respect of an assault charge to 18 weeks’ imprisonment concurrent, suspended for 18 months. For the CPS press release click here

Landlord Fined for Unlicensed HMO
Ealing Council report that the owner of a property in Southall has pleaded guilty to managing an unlicensed HMO and three offences in breach of HMO Management Regulations. Ealing Magistrates heard that the owner, who ran a shop below the HMO was not aware of his responsibilities in relation to the accommodation.  However, it found that there had been flagrant disregard of the law and that he had wilfully and persistently disregarded the issues brought to his attention by the Council.  They imposed a fine of £17,900 and made a costs order of £2,000 and a victim surcharge of £200. For the full report click here

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HOUSING LAW CONSULTATIONS

Recovery of capital grant
The principles governing grant recovery and recycling of social housing assistance (capital grant) are set out in the Recovery of Capital Grants and Recycled Capital Grant Fund General Determination 2015. The changes proposed through this consultation are subject to the passing of deregulatory measures in the Housing and Planning Bill. Should there be any material change during the passage of the Bill through Parliament, the HCA reserves the right to further consult on any such material change. For the consultation document, click here The consultation closes on 27 May 2016.

Land registration
The Law Commission is reviewing the legal framework that governs the registration of land in England and Wales. It has launched a consultation which asks how the Land Registration Act 2002 is working in practice and whether there are opportunities for the system to be clarified and updated. For the consultation and related documents, click here The consultation closes on 30 June 2016.

McKenzie Friends in the courts
The Judicial Executive Board (JEB) has issued a consultation paper proposing reforms to the existing guidance for 'McKenzie Friends', ie non-lawyers who offer assistance and in some cases seek to appear as advocates on behalf of litigants-in-person (LiPs) in civil cases. The JEB has invited comments from court users to be submitted by the extended date of 9 June 2016. For the consultation paper, click here

Affordable homes
The Communities Policy Commission, which leads the Labour Party’s policy development on local government, has launched a consultation entitled Housing: How can we increase the number of affordable homes to rent and buy? The Commission seeks the views of Labour members and affiliates, businesses and other organisations, and the wider public on this issue. The consultation ends on 8 June 2016. For the consultation document, click here

HOUSING LAW ARTICLES & PUBLICATIONS

Allocation schemes and unlawful discrimination Sam Madge-Wyld [2016] Legal Action 26 April. To read the article, click here

Not thinking things through – miscellany
Giles Peaker [2016] Nearly Legal 27 April. To read the article, click here

Would a rent cap work for tenants facing £1,000-a-month rises? Harriet Mayer [2016] Observer 2 May. To read the article, click here

Licensing loopholes allow agencies to suggest rogue landlords
Tom Wall [2016] EHN Online 4 May. To read the article, click here

Tis aw a muddle – costs edition
Giles Peaker [2016] Nearly Legal 4 May. To read the article, click here

Sadiq Khan must decide who to sit with: residents or developers?
Dawn Foster [2016] Guardian 7 May. To read the article, click here

The Guardian view on the housing bill: ideological overreach
Editorial [2016] Guardian 8 May. To read the article, click here

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2016] April issue of Legal Action. Available in print and on-line for Legal Action subscribers. For the latest issue, click here For back-issues, click here

Questions and Answers
Giles Peaker [2016] Nearly Legal 8 May. To read the article, click here

Whose homes are they anyway?
Deborah Garvie [2016] Shelter Blog 9 May. To read the article, click here

Homelessness is not just a matter for cities
Mark Clapson [2016] CityMetric 9 May. To read the article, click here

Forced council sales: looking at the homes that may actually be sold off
John Bibby [2016] Shelter Blog 10 May. To read the article, click here

Here’s how to fix the housing crisis, Sadiq Khan
Danny Dorling [2016] Guardian 10 May. To read the article, click here

THE HOUSING LAW DIARY

13 May 2016        
Third Reading of Homes (Fit for Human Habitation) Bill

27 May 2016        
Closure of Recover of Capital Grant consultation

9 June 2016        
Closure of consultation on McKenzie Friends in the courts

22 June 2016        
Lime Legal’s Homelessness Conference 2016: Law & Best Practice (click here for details)

RECRUITMENT



HIGHTOWN HOUSING


HOUSING OFFICER (Ref: HO)

Location: Hemel Hempstead

£28,173 pa plus ongoing training, generous holiday allowance, occupational pension and life assurance

35 hours per week

Due to the nature of the role you must have a driving licence and access to a vehicle.
Hightown is a charitable housing association, providing affordable housing to families and single people across Herts, Beds and Bucks. 

We are looking for a Housing Officer to be part of a team providing a highly professional customer focused housing management service to Hightown’s residents in rented accommodation and to applicants. In addition, they will take the lead on initiatives to promote and encourage tenancy sustainment.  

Duties will include the housing management of properties in a defined area, carrying out tenancy reviews, taking appropriate action in regard to breaches of tenancies and working in conjunction with the Income Recovery team to ensure appropriate action is taken to deal with arrears of rent and charges. They will seek to improve the level of service in response to changing resident’s demands, regulatory requirements and best practice. Hightown aims to enable its residents to sustain their tenancy and to encourage and facilitate independence, quality of life and health and wellbeing. The post-holder will be responsible for taking the lead on tenancy sustainment.

Pay and rewards

We offer a range of benefits which include:

  • Generous annual leave allowance of 25 days per year, rising with service, plus statutory bank holidays
  • Workplace pension scheme
  • Employee Assistance scheme to support your health and wellbeing
  • Life assurance of three times your annual salary
  • On site parking
  • Access to on site gym

Closing date: 23rd May 2016

Interview Date: 31st May 2016.

For further details and the link to the online application form click here
Please be advised that this recruitment process will be carried out online and would ask that you check your emails regularly. Please also quote the reference number of the job (Ref: HO) when applying.

We are an Equal Opportunities Employer.

 
 



Housing Homelessness & Resource Officer


Temporary Post Per Week Ending on 31.3.2017

Salary Scale:  £21,530 to £23,698   Grade E

Housing Services provide a range of solutions for people who are seeking suitable affordable housing or who are homeless or threatened with homelessness.

We are seeking to appoint  applicants who are enthusiastic and versatile,  have worked in a social housing or related environment ,have  a detailed working knowledge of the Housing Act 1996 as amended (Allocations and Homelessness) and other related legislation.

You will need to have excellent communication skills both oral and written, ability to work on own initiative and as part of a customer focused front line team.
Informal enquiries for this post to Ashley Bayliss on 01452 396737

For a job description and person specification click here

For the links for the Job Advertisement and Job Application form click here (and scroll down to this vacancy click here

Closing date: 25th May 2016

Interview date: w/c 30th May 2016
 
 



Hightown Housing


Sales and Lettings Manager (REF: SLM1133)

Location: Hemel Hempstead.

Salary: £42,825 pa plus ongoing training, generous holiday allowance, occupational pension and life assurance.

35 hours per week

Full UK driving Licence and access to own transport is essential and needs to be willing to work occasional evenings and weekends.

About us
Hightown Housing Association, based in Hemel Hempstead, Hertfordshire, focus on developing affordable housing for people in Hertfordshire, Buckinghamshire and Bedfordshire. We provide a wide range of housing and support services and currently support over 800 adults in different settings, including care homes, supported living services and in the community.

Our vision for the future is to retain Hightown’s position as a highly regarded regional developer and manager of housing and support services. We have around 5,000 homes, approx. 700 full time and part time staff and an annual turnover of £48 million. We have high ambitions, a principled approach and a dependable, flexible team that delivers. We believe that everyone should have the home and support they need. 

About you
Hightown are looking for an experienced Sales and Lettings Manager who has excellent communications skills, attention to detail and a desire to succeed.   Reporting directly to the Head of Commercial Operations you will be responsible for achieving sales & lettings objectives, minimising sales & lettings periods whilst still working within budget.  You will be coordinating activities and communications between internal departments and external suppliers.  An important requirement for the role will be excellent customer care skills to incorporate face to face, telephone and written communications.

The Sales and Lettings Manager will be responsible for ensuring that all new build sales properties are marketed as early as possible and sales are administered efficiently to minimise the time properties are empty.

 The Sales and Lettings Manager will work with the Head of Commercial Operations to ensure the schemes are promoted effectively and that appropriate marketing material is available as required.

 He / she will liaise with buyers, local authorities and zone agents, solicitors, mortgage providers, Independent Financial Advisers, Estate Agents, Surveyors and any other parties involved throughout the sales process. He / she will monitor, track and chase the sales through to completion, including arranging viewings, and will maintain an effective applicants and purchasers data base.

To manage the Sales & Lettings Advisors in order to provide a highly professional customer and business focused service to ensure that Hightown’s rented homes are swiftly re-let and vacancy rates are kept to an absolute minimum.

Pay and rewards
We offer a range of benefits which include:

  • Generous annual leave allowance of 25 days per year, rising with service, plus statutory bank holidays
  • Workplace pension scheme
  • Employee Assistance scheme to support your health and wellbeing
  • Life assurance of three times your annual salary
  • Access to on-site gym

Closing date:  13th May 2016

Interviews:      19th May 2016

For further details and the online application form link please click here
Please be advised that this recruitment process will be carried out online and would ask that you check your emails regularly. Please also quote the reference number of the job when applying.

We are an Equal Opportunities Employer.

 
 

Community Care & Housing Solicitor / Caseworker
 

South West London Law Centres

South West London Law Centres (SWLLC), one of the largest and most progressive Law Centres in the country, is seeking a Community Care and Housing Solicitor/Caseworker to be based in our Wandsworth Branch with some outreach in our other offices. 

We are looking to expand our capacity to undertake community care casework and there is considerable demand for housing work. There are currently 11 solicitors in the housing team and one trainee. One of the solicitors also undertakes community care casework.  We run a wide range of housing and community care cases covered by Legal Aid including a significant amount of representation work as part of the housing court duty schemes. We are considering looking further at a range of fixed fees and conditional fee agreements for areas that have now gone out of the scope of Legal Aid.

We want to expand our team and are willing to consider applicants at the start of their career as well as those with significant experience. 

Salary:            Up to £33,510 p.a. (NJC Scale 35 including Inner London) depending on experience

Reports to:    Team Leader

Term:              Permanent

Based at:        Wandsworth with duty at courts in Kingston, Wandsworth and Croydon

Closing date: 12pm, Tuesday 24th May 2016 with interviews soon after.

The post is available for an immediate start. If you would like to discuss the post further, please email recruitment@swllc.org. Applications should be made on our application form available hereYou can download the application pack here and the application form 

 
 
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