Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster
[2023] EWHC 185 (Admin)
Seyyed Mohammad Mahdi Jaberi, R (on the application of) v City of Westminster
4 May 2023
[2023] EWHC 1045 (Admin)
High Court
The council had to give Mr. Jaberi a proper home, but kept him in a bad flat for too long. The judge said that was wrong, but the council has now found him a better flat, so that problem is solved. The judge also said the council's rules about how it gives out homes were fair and that it gave Mr. Jaberi enough information.
Key Facts
- •Claimant, Seyyed Mohammad Mahdi Jaberi, is a disabled refugee with epilepsy and mobility issues living in unsuitable temporary accommodation (Falkirk House flat) provided by the City of Westminster.
- •The City of Westminster accepted a duty under s.193(2) Housing Act 1996 to provide suitable accommodation.
- •The claimant's temporary accommodation is unsuitable due to internal stairs and insufficient bedrooms.
- •The City of Westminster offered alternative temporary accommodation (Braithwaite Tower flat), but the claimant raised concerns about its suitability.
- •The claimant brought judicial review on three grounds: breach of the main housing duty, denial of reasonable preference on medical grounds, and breach of information provision duties.
Legal Principles
Part VII Housing Act 1996 imposes a duty on local authorities to secure suitable accommodation for homeless individuals with priority needs (s.193(2)). This duty is immediate, non-deferrable, and unqualified. Suitability is a flexible concept considering various factors.
R (Elkundi) v Birmingham City Council [2022] EWCA Civ 601
Part VI Housing Act 1996 governs the allocation of social housing. Local authorities must have a lawful allocation policy (s.166A) giving reasonable preference to specified groups, including the homeless and those needing to move on medical grounds.
R (Ahmad) v Newham London Borough Council [2009] UKHL 14
Section 166A(9)(a)(ii) requires allocation schemes to allow applicants to request information on whether housing appropriate to their needs is likely to be available and the timeframe.
Housing Act 1996
Outcomes
The court found a breach of s.193(2) Housing Act 1996 (main housing duty) due to the claimant's prolonged stay in unsuitable accommodation.
The Falkirk House flat was deemed unsuitable for a prolonged period, despite the council acknowledging the claimant's needs. The court rejected the council's argument that a suitability review should have been requested for this flat, deeming it a point raised too late.
The court rejected the claim that the allocation scheme unlawfully denied reasonable preference on medical grounds.
The scheme reasonably prioritizes those owed the main housing duty and those needing to move on medical grounds separately. While it may seem unfair that those with both needs receive fewer points, it's rational given the duty to provide suitable temporary accommodation.
The court rejected the claim that the defendant breached s.166A(9)(a)(ii) regarding information provision.
The court found the council had substantially provided the requested information, though acknowledging the inability to predict the availability of specific types of properties.
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