ZRR, R (On the Application Of) v London Borough of Bexley (2024) EWHC 2073 (Admin) This was a judicial review of Bexley's contention that temporary accommodation offered to ZRR under s.190 Housing Act 1996 was suitable and its duty was discharged when ZRR...
Housing Need Assessments and Suitability – Getting it wrong. Again.
UO v London Borough of Redbridge (2024) EWHC 1989 (Admin) We first saw UO and Redbridge in this judicial review of an unlawful housing needs assessment (HNA) and suitability decision. That decision was, to say the least, scathing about Redbridge's decision...
Section 188(1) accommodation, suitability and mandatory orders
We are very grateful to Alice Irving of Doughty Street Chambers for the following note of a judgment in the Administrative Court on an application for interim relief. It is a very interesting case not only on section 188(1) accommodation but also on...
Homelessness eligibility and the Withdrawal Agreement – two (contradictory) appeals
C v Oldham Council. (2024) EWCC 1 (Judgment can be found here) Hynek v LB Islington. Central London County Court 24 May 2024 (copy of judgment) These are two s.204 appeals which address the effect of the Withdrawal Agreement (The Agreement of the Withdrawal...
Suitability, reports in Family proceedings, and termination of existing accommodation
Querino v Cambridge City Council (Rev1) (2024) EWCA Civ 314 We're a bit late to this one. The backlog is growing as I've had other things to do, but here it is. This was a second appeal to the court of appeal from a s.204 appeal of a decision on suitability...
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...
Decisions, decisions (and not automatic ones) – Ending the main housing duty
Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin) Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In...
Universal Credit, transitional protection and temporary accommodation
Our grateful thanks to Alexa Thompson, a pupil barrister at Garden Court North for this note on an Upper Tribunal benefits appeal which may be of significance for many people when they leave temporary or supported accommodation. Thanks also to Tom Royston,...
Suitability, disability discrimination and dogs – temporary accommodation
AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin) This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster's policy of sourcing temporary...
Affordability and suitability – getting the numbers right
Our grateful thanks to Liam Evans and Daniel Grütters of One Pump Court for this note of a s.204 appeal on an affordability assessment for a suitability decision, including the vexed topic of use of AHAS guidance. Ake v Lewisham Borough Council (2024)...
Out of borough accommodation and the homelessness relief duty – raising issues on review
Moge v London Borough of Ealing (2023) EWCA Civ 464 Another one that I am apparently late in writing up. A second appeal to the Court of Appeal from a s.204 appeal. Ms Moge was owed the section 189B Housing Act 1996 relief duty as homeless by LB Ealing....
Intentional homelessness from a half way house
Kyle v Coventry City Council (2023) EWCA Civ 1360 Yes, I am very late with this one. I've found a browser tab group I must have accidentally closed at some point.... Mr K was homeless and addicted to class A drugs. During the relevant period for this second...