Caselaw Digest
Caselaw Digest

BN, R (on the application of) v London Borough of Hounslow

1 December 2023
[2023] EWHC 3083 (Admin)
High Court
A refugee woman was unfairly denied housing because of a rule requiring long-term residency in the borough. The council admitted the rule was discriminatory, so they agreed to change it, pay the woman's legal fees, and review their housing policy to make sure it's fair to everyone.

Key Facts

  • Judicial review claim against London Borough of Hounslow's housing allocation policy.
  • Claimant (BN), a non-UK national refugee and victim of gender-based violence, was refused housing due to the 'Residence Criterion'.
  • The Residence Criterion required 5 years continuous residency in Hounslow.
  • Defendant admitted unlawful discrimination under Equality Act 2010 and ECHR.
  • Parties agreed to a consent order.

Legal Principles

Indirect and direct discrimination under sections 19 and 29 of the Equality Act 2010.

Equality Act 2010

Discrimination under Article 14 of the European Convention on Human Rights read with Article 8 ECHR.

European Convention on Human Rights

Public Sector Equality Duty under section 149 of the Equality Act 2010.

Equality Act 2010

Outcomes

Proceedings stayed by consent.

Parties agreed to an order including remedies and review of the Residence Criterion.

Defendant to pay Claimant's costs.

Standard costs order in successful judicial review.

Defendant to review the Residence Criterion.

To address unlawful discrimination.

Defendant to disapply the Residence Criterion for specified applicants.

Interim measure pending review.

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