Sahra Moge v London Brough of Ealing
[2023] EWCA Civ 464
Katie-Leigh Webb-Harnden v London Borough of Waltham Forest
22 August 2023
[2023] EWCA Civ 992
Court of Appeal
A mom needed a home and the council offered her one far away. She said it wasn't fair because of money issues, but the court said the council followed the rules and there weren't any good options closer to home.
Key Facts
- •Katie-Leigh Webb-Harnden, a single mother with three children, became unintentionally homeless in London.
- •Waltham Forest Council offered her a 24-month assured shorthold tenancy in Walsall.
- •Ms Webb-Harnden challenged the suitability of the Walsall accommodation, arguing the Council failed to consider the discriminatory impact of the benefits cap.
- •The Council's policy prioritizes private rented sector accommodation due to limited social housing.
- •The reviewing officer upheld the Council's decision, finding the Walsall accommodation reasonable and suitable.
Legal Principles
Duty to secure accommodation for homeless persons in priority need.
Housing Act 1996, section 193(2)
Public Sector Equality Duty: Due regard to eliminating discrimination and advancing equality of opportunity.
Equality Act 2010, section 149
Suitability of accommodation determined by affordability, disruption to life, access to services, etc.
Homeless (Suitability of Accommodation) Order 1996, Article 2
Review of local authority decisions on accommodation suitability.
Housing Act 1996, section 202(1)(g)
Outcomes
Appeal dismissed.
The reviewing officer adequately considered the Equality Act 2010 duty and the suitability of the Walsall accommodation, balancing the appellant's needs with available resources. Even considering the Equality Act, the outcome would have been the same due to lack of affordable housing in London and the Council's right to discharge its duty via a private sector tenancy.
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