References: Times 25-May-1982
Coram: Stephen Brown J
Ratio:The applicant sought judicial review of a decision that he was not homeless under section 1 of the Act. For 15 months he had been using a night shelter in Lowestoft. It was an unheated dormitory in a derelict building. It was empty and closed between 8:00am and 8:00pm each day. If on any evening he presented himself at the shelter at or after 8:00pm, he was offered a bed, unless it was already full, in which case he was turned away.
Held: The housing authority’s decision that he had accommodation at the shelter was irrational.
Statutes: Housing (Homeless Persons) Act 1977
This case is cited by:
- Reversed in part – Regina -v- Waveney City Council, ex parte Bowers CA ([1983] QB 238, Times 25-May-82, [1982] 3 WLR 661, [1982] 3 All ER 727)
The applicant was an alcoholic and had in 1980 been hit by a motor vehicle and suffered a severe head injury. He sought judicial review of the respondent’s failure to house him.
Held: The appeal was allowed: ‘The question we have to consider . . - Cited – Manchester City Council -v- Moran and Another; Richards -v- Ipswich Borough Council CA (Bailii, [2008] EWCA Civ 378, Times 20-May-08, [2008] 1 WLR 2387)
The two applicants had occupied a women’s refuge. They appealed against a refusal to consider them as homeless when they acted in such a way as to be evicted from the refuge, saying that the refuge did not constitute ‘accommodation . . which it . . - Cited – Birmingham City Council -v- Ali and Others; Moran -v- Manchester City Council HL (Bailii, [2009] UKHL 36, Times, [2009] NPC 88, [2009] 1 WLR 1506, [2009] PTSR 1270, [2009] 4 All ER 161, [2009] BLGR 749)
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 . .
(This list may be incomplete)
Last Update: 26-Jun-16
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