When a local authority came to make the decision about the extent of the local connection of the homelessness applicant with the area, the assessment was to be made as regards the situation at the date of that decision. Where there was a review, the material date was the date of the review. Where an applicant had been residing in interim accommodation pending the review, that occupation itself could become a sufficient local connection at the time when the review was complete. The authority’s error was fundamental and had prevented them asking the correct question. The appeal was allowed.
Judges:
Henry LJ, Potter LJ
Citations:
Times 11-Feb-2000, [2001] QB 97, [2000] EWCA Civ 7, [2000] 2 All ER 597, [2000] NPC 5, (2000) 32 HLR 481, [2000] 3 WLR 481
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Ealing London Borough Council Ex Parte Nicola Surdonja Admn 20-Oct-1998
The homeless applicant family were housed in two hostels approximately a mile apart.
Held: A housing authority’s duty to provide interim accommodation pending homelessness decision extended to the provision of suitable accommodation. There was . .
Cited – Regina v Southwark London Borough Council ex parte Hughes 1983
Turner J said: ‘Housing is about the most basic social requirement of an individual. It is not conceptual, it is factual. The Housing Act is intended to be of social effect. It may be thought therefore that there are compelling reasons why the . .
Cited – Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts HL 27-Jul-1983
Mr Betts applied to Eastleigh for accommodation under the 1977 Act. They said that he had no local connection and referred his application to Blaby where the applicant and his family had formerly been living. Blaby accepted the referral and offered . .
Cited – Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic CA 2-Jan-1996
A refugee from Bosnia moved from Kirklees to London, where she applied for accomodation as being homeless. Hammersmith accepted that she was owed a duty, but referred her back to Kirklees in September. Her solicitors then sent in more material which . .
Cited – Regina v Newham London Borough Council Ex Parte Smith QBD 11-Apr-1996
The local connection test for rehousing may be applied as at the date of the application for housing: ‘In my judgment a local authority may properly ask itself whether the applicant had a local connection . . at the date of the application under . .
Cited by:
Cited – Al-Ameri, Osmani v Royal Borough of Kensington and Chelsea/London Borough of Harrow CA 28-Feb-2003
The applicants sought to assert a local connection, having been housed in the respondent’s areas as destitute asylum seekers.
Held: The accomodation was not one of the applicant’s choice, and therefore could not be relied upon to establish a . .
Cited – Cramp v Hastings Borough Council CA 29-Jul-2005
Cases challenged successful appeals by applicants for housing for homelessness, where a county court had ordered a second review of the application. . .
Cited – Sharif v The London Borough of Camden SC 20-Feb-2013
The council appealed against a decision that having found Ms Sharif to be homeless, they had a duty also to house her sick father and sister as family members in one accomodation unit.
Held: The Council’s appeal succeeded (Lord Kerr . .
Appeal from – Mohamed v Hammersmith and Fulham London Borough Council HL 1-Nov-2001
Mrs M came to England in 1994 living first in Ealing and then Hammersmith. Mr M came later and lived elsewhere in Hammersmith. Hammersmith gave them jointly temporary accommodation, first in a hotel and then in a flat. They then applied under . .
Lists of cited by and citing cases may be incomplete.
Housing, Local Government
Updated: 19 May 2022; Ref: scu.80210
