The applicant had sought emergency housing with her husband, but refused accomodation on a particuar estate for her safety. She had then been evicted form the temporary housing supplied on the application. After a series of temporary arrangements she applied again. Her application was accepted but the previous offer and refusal were said to remain in effect.
Held: The decision in Fahia was to be preferred to that in Campisi, with the result that the authority need reconsider only if the claimant could establish that she was now in a different position. No material change had been shown, and the appeal was rejected.
Judges:
Silber J
Citations:
[2004] EWHC 2463 (Admin), Times 03-Jan-2005
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Delahaye v Oswestry Borough Council 29-Jul-1980
The applicant had made more than one application for emergency housing and temporary accomodation pending the result of her application.
Held: It could not have been the intention of Parliament that a similar statute should be used by someone, . .
Cited – Regina v Mayor and Burgesses of London Borough of Southwark ex parte Campisi CA 9-Jul-1998
The claimant had made more than one application for emergency housing.
Held: ‘Clearly the mere assertion that an applicant’s claim ought to be considered cannot impose upon the local authority the onerous duty of making inquiries and . .
Cited – Regina (Fatima Jeylani) v London Borough of Waltham Forest 2002
A declaration was granted requiring the local authority to consider the further homelessness application after the authority had followed the approach in Campisi and in consequence, it had refused to consider a further homelessness application of . .
Cited by:
Cited – Harouki v Royal Borough of Kensington and Chelsea CA 17-Oct-2007
The applicant sought housing as a homeles person. Her present accommodation for herself, her husband and five children was so overcrowded that continued occupation was a criminal offence. She appealed a finding that it was reasonable to continue . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 27 June 2022; Ref: scu.218873