Katie-Leigh Webb-Harnden v London Borough of Waltham Forest
[2023] EWCA Civ 992
Sahra Moge v London Brough of Ealing
27 April 2023
[2023] EWCA Civ 464
Court of Appeal
A homeless woman was offered a flat a bit far from her job. She argued the council should have found a closer one. The court said the council looked hard enough, even if their paperwork wasn't perfect, and there wasn't a closer suitable flat available. So, the council won.
Key Facts
- •Ms. Moge, a 58-year-old carer, was deemed homeless by Ealing Council.
- •The Council offered Ms. Moge a 24-month assured shorthold tenancy of a two-bedroom flat in Hounslow (the Flat).
- •Ms. Moge refused the offer due to its distance from her workplace in Ealing.
- •The Council ended its relief duty under section 189B of the Housing Act 1996, claiming Ms. Moge refused suitable accommodation.
- •Ms. Moge appealed, arguing the Council breached section 208(1) by not adequately searching for closer accommodation.
Legal Principles
Local authorities have a duty to accommodate within their area so far as reasonably practicable. If not reasonably practicable, they must generally try to place the household as close as possible to their previous residence.
Nzolameso v Westminster City Council [2015] UKSC 22
A local authority must demonstrate compliance with section 208(1). This may be done by showing a lawful policy for accommodation procurement and allocation and explaining how it was followed.
Nzolameso v Westminster City Council [2015] UKSC 22; Abdikadir v Ealing LBC [2022] EWCA Civ 979
The court should be wary of imposing on the reviewing officer a duty to inquire into matters not raised during the review, especially if within the applicant's knowledge.
Abdikadir v Ealing LBC [2022] EWCA Civ 979
Where closer suitable accommodation is available, a local authority must carry out a comparative exercise and offer the closer accommodation unless the applicant has expressed a preference or the offer complies with a published policy.
Waltham Forest LBC v Saleh [2019] EWCA Civ 1944
Outcomes
Appeal dismissed.
The Court admitted fresh evidence from the Council demonstrating a general practice of searching for suitable accommodation, focusing on areas near Ealing. While the Council's policies had deficiencies and the evidence wasn't perfect, it was sufficient to show that reasonably practicable steps were taken to find closer accommodation. No closer suitable property was identified.
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