Nearly Legal: Housing Law News and Comment

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A very odd case was noted on Lawtel this morning – AB v Leicester City Council, Court of Appeal, 19.2.09. ([2009] EWCA Civ 192)

AB had applied under Part 7, Housing Act 1996, to Leicester City Council (“Leicester”) for assistance as a homeless person. It appears that, at both the s.184 and s.202 stages, the City Council had rejected the application on the basis that AB refused to provide any personal information so as to enable Leicester to properly assess her application. AB had also refused to allow Leicester to make any enquiries from relevant third parties in order that they might gleam information about her history. I presume that there was also a s.204 hearing at some stage, because I don’t see how else this case could have got to the Court of Appeal.

The Court of Appeal adjourned the appeal. It was concerned that AB was acting in a manner which was contrary to her best interests, particularly in refusing to give any information about herself to Leicester. It may be necessary to appoint a litigation friend to assist AB in these proceedings. However, the Court questioned the value of the appeal proceeding. If AB lost, she could always make a further application under Part 7, whereas, if she won, it did not mean that she would necessarily be provided with permanent housing.

Does anyone have any more information about this – frankly bizzare – case?

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