RR, R (On the Application Of) v London Borough of Enfield (2024) EWHC 2501 (Admin) This was a judicial review challenge to LB Enfield's allocation policy for priority on the housing register, on the basis that it discrimated against disabled applicants who...
Different treatment for other boroughs – discriminatory policy
AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin) This was a judicial review of Westminster's Allocation policy as it applied to 'reciprocal transfers' between another borough and Westminster. As background: The Claimant lives...
Section 23 Care Act and a need for accommodation
Campbell, R (On the Application Of) v London Borough of Ealing (2024) EWCA Civ 540 This was an appeal from a judicial review of Ealing's decision in May 2022 to end funding for Mr Campbell's temporary bed and breakfast accommodation that had been provided by...
ASB and disqualification from the housing register
Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin) A judicial review of Eastbourne's allocation policy and of Eastbourne's decision to exclude Ms Willott from joining the housing register on grounds of 'serious anti...
A lack of candour over a lack of discretion
Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin) A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the...
Macbeth, Act 5, Scene 5*
It takes a special kind of person who, faced with the multifaceted horrors of our disfunctional housing system, decides that what is really needed is to make it harder for some people to access social housing and to create new grounds or possession.** Yet...
Misc notes – RRO in the UT; Allocation, domestic abuse and discrimination
A couple of quick notes on cases that have been sitting a browser tabs in my 'to do' window for far too long... Daff v Gyalui & Aiach-Cohen (2023) UKUT 134 (LC) Ms Daff had been ordered to pay an RRO for an unlicensed property to the tenants in the...
Mental health and security of occupation
Islam & Anor, R (On the Application Of) v London Borough of Haringey (2022) EWHC 3933 (Admin) This was a judicial review of Haringey's refusal to award Mr Islam Band A priority on its housing register, rather than Band B. Mr I and his household were...
Mea Culpa
I know, I know. Updates have been thin on the ground. I'm afraid it is the 'work and life getting in the way' thing again. I've got a lot on my plate and no time and/or energy to do case notes. So, in the meantime, here's a list of things that I will...
Homelessness and Allocation – unlawfully restricting reasonable preference
Khayyat & Anor v Westminster City Council (2023) EWHC 30 (Admin) A judicial review by two claimants of Westminster's allocation policy and its restriction of entry to the housing register to only homeless applicants to whom Westminster had decided it...
Crossing the line – what happens when the Care Act meets housing duties
Campbell, R (On the Application Of) v London Borough of Ealing (2023) EWHC 10 (Admin) This judicial review concerns the relationship between the Care Act 2014 and housing legislation, in particular the effect of s.23 of the Care Act 2014, which prevents care...
Management transfers and public functions: R(TRX) v Network Homes
This judicial review of R(TRX) v Network Homes (2022) EWHC 456 (Admin) CO/3538/2021 is a useful restatement of the principles which apply in determining when decisions of Private Registered Providers of social housing (Housing Associations) can be judicially...