A homeless gypsy caravan dweller applied for housing. The authority offered temporary bed and breakfast accomodation. She complained that she had an aversion to living in bricks and mortar.
Held: The authority had discharged its function. The duty of the authority was to secure the availability of suitable accommodation within a reasonable period of time, the reasonableness of the period depending on the circumstances of each case and on what accommodation was available.
Auld LJ said that the requirement to accord respect to the applicant’s gypsy culture: ‘requires the authority carefully to examine a gypsy’s claim for such special consideration and, if satisfied that it is genuine, whether in all the circumstances of the case, it should attempt to meet it, and, if so, how. Those circumstances should, of course, include the likely duration of occupation in respect of which an offer is to be made. However, if despite such examination and, where appropriate, a genuine consideration of ways and means of meeting the gypsy’s claim, an authority fails to provide a caravan site or pitch, it would only amount to a breach of its statutory duty or violate Article 8 if it produced an offer falling below the Wednesbury minimum line.’
Judges:
Lord Justice Auld Mr Justice Holman The Honourable Mr Justice Thomas
Citations:
[2004] EWCA Civ 925, Times 21-Jul-2004, [2005] LGR 241
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Approved – Regina (Price) v Carmarthenshire County Council 2003
A gypsy applied for housing with the respondent authority, but did not wish to live in a house. They suggested that if the claimants had an aversion to accommodation in bricks and mortar then the offer of such accommodation could not amount to the . .
Cited by:
Cited – Lee v Rhondda Cynon Taf County Borough Council CA 16-Jul-2008
The applicant, a gypsy had been living for some years on an illegal site with her children. The council closed the site down and she sought assistance as a homeless person. The council accepted her priority need, but she refused the property offered . .
Preferred – 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
Updated: 14 November 2022; Ref: scu.198841