Michala Hodge v Folkestone and Hythe District Council
[2023] EWCA Civ 896
Amina Ahamed, R (on the application of) v London Borough of Haringey
11 August 2023
[2023] EWCA Civ 975
Court of Appeal
A woman challenged the council's decision to stop housing her in a hostel. The court said the council had done a good enough job checking if the hostel was suitable, and the woman wasn't actually homeless because she had a place to stay, even if it wasn't perfect.
Key Facts
- •Ms Amina Ahamed, a 48-year-old Somali woman, lived in Room 7 of Northumberland Park Hostel after being granted leave to remain in the UK.
- •The Council deemed her homeless and eligible for assistance under the Housing Act 1996.
- •The Council placed her in the hostel and ended its relief duty, claiming the accommodation was suitable.
- •Ms Ahamed challenged this decision, arguing the accommodation was unsuitable and that she remained homeless.
- •The case involved appeals against the High Court's refusal of judicial review and a County Court appeal.
Legal Principles
Reasonableness and suitability are distinct concepts under the Housing Act 1996.
Birmingham City Council v Ali [2009] UKHL 36
A person can be homeless even if they have suitable accommodation if it's unreasonable for them to continue occupying it.
R (Elkundi) v Birmingham City Council [2022] EWCA Civ 601
The public sector equality duty requires due regard to advancing equality of opportunity for disabled persons.
Haque v Hackney London Borough Council [2017] EWCA Civ 4
Local housing authorities only need to make necessary inquiries, not all possible inquiries, to satisfy themselves about eligibility and duties.
Ciftci v Haringey London Borough Council [2021] EWCA Civ 1772
Appeals under sections 202 and 204 of the 1996 Act are generally preferred over judicial review for homelessness decisions.
Nipa Begum v Tower Hamlets London Borough Council [2000] 1 WLR 306
Outcomes
Both appeals were dismissed.
The Court found the review officer reasonably concluded the hostel accommodation was suitable and Ms Ahamed was not homeless, therefore the Council's relief duty ended and the main housing duty did not apply.
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