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....
Saying you are broke isn’t enough to avoid a duty – suitable accommodation and resources
Imam, R (on the application of) v London Borough of Croydon (2023) UKSC 45 Full transparency - I acted for Crisis on an intervention in this case. This is the long awaited Supreme Court decision in Imam v Croydon on what conditions a court should have regard...
Homelessness and evidence
Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin) A judicial review of what was alleged to be Westminster's failure to meet its s.188(1) duty to secure suitable accommodation and breach of...
Distance, affordability, suitability
Katie-Leigh Webb-Harnden v London Borough of Waltham Forest (2023) EWCA Civ 992 This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in Walsall in discharge of Waltham Forest's s.193 duty to Ms...
Suitability s202 reviews and ‘minded to’ regulations
Elbhiri v Royal Borough of Kensington and Chelsea. 9 December 2022. Central London County Court (Unreported - copy of judgment ) This is a s.204 appeal judgment that I have been sitting on for an inexcusably long time, ever since I was kindly sent the...
Suitability appeal – don’t ignore evidence of need.
Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation. Uddin v Hackney LBC (2023) J40CL175 (unreported, we've seen the judgment.) Case...
Getting it all wrong… LB Redbridge ‘dismal’ homelessness decisions
UO v London Borough of Redbridge (2023) EWHC 1355 (Admin) Ms UO and her 3 children, aged 11, 5 and 3, were homeless and had applied to LB Redbridge. The family had NASS accommodation in the Tottenham area since 2021, after NASS accommodation in Croydon and...
Think of other ways to meet the duty.
Our grateful thanks to Eleri Griffiths and Martin Hodgson of One Pump Court for the following note of a judicial review of LB Harrow's failure to provide suitable accommodation under section 193 Housing Act 1996, following on from Elkundi (our note) and...
Location, location, location (and getting discharge of duty right)
Zaman v London Borough of Waltham Forest and Uduezue v Bexley LBC (2023) EWCA Civ 322 These were two joined second appeals from section 204 appeals, both on the issue of whether the local authorities had lawfully discharged duty following decisions that 'out...
Homelessness – suitability and distance to school
The Queen on the Application of Fokou v London Borough of Southwark (2022) EWHC 1452 (Admin) (not on Bailii, judgment on Westlaw) THis was an application for interim relief in judicial review proceedings regarding suitability of accommodation and alleging...