The applicant challenged a referral of her application for housing as a homeless person by Hammersmith back to Kirklees from where she had moved. She had a cousin in Hammersmith.
Held: Her application for judical review failed. Tucker J: ‘Section 61(1) of the Housing Act provides that a local connection may be established by any of four criteria. One of these at (c) is that because of family associations. But [counsel] does not pursue that suggestion. Instead he relies on (d), that there are in this case other special circumstances. The Homelessness Code of Guidance for Local Authorities suggests that this may be particularly relevant in dealing with households returning from abroad, or discharged from HM Forces who do not conform to other criteria. In my opinion family associations do not extend beyond parents, adult children, or brothers and sisters. First cousins once removed (or cousins of any description) cannot provide the necessary connection. And I agree with the decision of the Deputy High Court Judge in R v Slough B C ex p Khan (1995) 27 HLR 492, that if a family association is too weak to create a local connection it can hardly amount to a special circumstance.’
Judges:
Tucker J
Citations:
(1996) 28 HLR 897
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Slough Borough Council Ex Parte Khan and Another QBD 30-Jan-1995
A Local Authority had to consider all possible local connections before passing an applicant for housing under the Act to another other Local Authority for assistance. . .
Cited by:
Appeal from – 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 – Ozbek v Ispwich Borough Council CA 4-May-2006
The claimant applied to be housed as a homeless person. The authority sought to refer him to a different authority under s198. As an asylum seeker, he had been given assistance both in Portsmouth and Southampton before coming to Ipswich. He said . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 01 May 2022; Ref: scu.242517
