The claimant sought to challenge the defendant’s housing allocation policy. He said that as a homeless person he should have been given a reasonable preference for housing. The authority said he was not in priority need, and that the temporary accomodation provided in a guest house meant that he was no longer homeless.
Held: The claimant had not ceased to be homeless. The court rejected the authority’s submission that the assessment of homelessness was only part of an overall assessment of need. The statutory scheme required the authority once he had been found to be homeless, to give him priority. The assessments made by the authority arose only if it decided that he was not homeless.
Timothy Brennan QC
[2009] EWHC 44 (Admin)
Bailii
Housing Act 1996 167(1)
England and Wales
Citing:
Cited – Lin, (Regina on the Application of) v London Borough of Barnet CA 22-Feb-2007
The claimant challenged the authority’s housing policy which sought to implement national guidelines awarding points to housing applicants and allocating housing accordingly. He said it did not give adequate protection to the homeless.
Held: . .
Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department CA 14-Feb-2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged . .
Cited by:
Cited – Birmingham City Council v Ali and Others; Moran v Manchester City Council HL 1-Jul-2009
Homelessness Status Requires LA Action
The House considered appeals challenging whether local authorities who gave unacceptable housing to the homeless had satisfied their obligations to them as homeless people. What was meant by the phrase ‘accommodation which it would be reasonable for . .
Lists of cited by and citing cases may be incomplete.
Housing, Local Government
Updated: 10 November 2021; Ref: scu.280137