Holmes-Moorhouse v London Borough of Richmond-Upon-Thames: CA 10 Oct 2007

The court considered the duties of a local authority to provide housing where a a court made a shared residence order.
Held: The making of an order for shared residence between a mother and father living apart was not itself determinative to give the father a right to be rehoused through the need to care for the child. However, once a court had decided in contested proceedings that residence should be shared, the housing authority could not deny that the children might reasonably be expected to reside with the father for the purposes of the 1996 Act.

Judges:

Moses LJ

Citations:

[2007] EWCA Civ 970, Times 19-Nov-2007, [2008] 1 WLR 1289

Links:

Bailii

Statutes:

Housing Act 1996 189(1)(b)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Holmes-Moorhouse v Richmond Upon Thames HL 4-Feb-2009
The father had been awarded shared residence for three children. He asked the local authority to provide appropriate housing.
Held: The authority’s appeal succeeded.
‘When any family court decides with whom the children of separated . .
Lists of cited by and citing cases may be incomplete.

Housing, Children

Updated: 12 July 2022; Ref: scu.259765