ZRR, R (on the application of) v London Borough of Bexley
[2024] EWHC 2073 (Admin)
SK, R (on the application of) v Royal Borough of Windsor and Maidenhead
31 January 2024
[2024] EWHC 158 (Admin)
High Court
A mom with disabled kids sued the council because they didn't give her a proper housing plan or a suitable home. The judge agreed the council messed up and ordered them to fix the plan and find a proper home, but is waiting for a separate court case about the kids' care before making a final decision.
Key Facts
- •Claimant (SK) sought judicial review of the Royal Borough of Windsor and Maidenhead's (Defendant) failure to provide a lawful housing needs assessment (HNA) and personalized housing plan (PHP) and suitable accommodation.
- •Claimant has eight children, four of whom are adults, and four children with significant disabilities (GZ and HZ have PKAN).
- •Defendant conceded breach of duty under section 193 HA 1996 for failing to provide suitable accommodation.
- •Defendant offered unsuitable accommodation at Canterbury Avenue, then later a property at 127 Canterbury Avenue.
- •The Claimant's children are subject to care proceedings in the Family Court.
- •The HNA/PHP was deemed unlawful due to insufficient assessment of the children's needs and lack of consideration for the changing family composition.
Legal Principles
Housing authorities have a graduated series of duties to alleviate homelessness (Part 7 HA 1996).
R (Aweys) v Birmingham CC [2009] UKHL 36
Section 189A HA 1996 requires a lawful HNA and PHP, including assessment of the applicant's circumstances, housing needs (including those of persons with whom the applicant resides or might reasonably be expected to reside), and necessary support.
Housing Act 1996, section 189A
The HNA must be sufficiently reasoned to demonstrate that the authority addressed the statutory matters.
R (UO) v LB Redbridge [2023] HLR 39
Section 11 of the Children Act 2004 requires housing authorities to consider the need to safeguard and promote the welfare of children.
Children Act 2004, section 11
A mandatory order to comply with the duty to accommodate may be appropriate under section 193 HA 1996 (considering R(Imam) v LB Croydon [2023] UKSC 45).
Housing Act 1996, section 193; R(Imam) v LB Croydon [2023] UKSC 45
Outcomes
Permission granted for judicial review on Ground 1 (failure to provide lawful HNA/PHP).
The HNA/PHP was unlawful due to insufficient assessment of the children's needs and lack of consideration for the changing family composition.
Ground 1 succeeds.
Defendant failed to comply with section 189A HA 1996 in producing a lawful HNA/PHP.
Ground 2 succeeds (failure to provide suitable accommodation).
Defendant conceded breach of duty under section 193 HA 1996.
Relief on Ground 2 adjourned pending further assessment of Canterbury Avenue property and outcome of Family Court proceedings.
To determine suitability of accommodation and family composition before ordering relief.
Defendant ordered to produce a new, lawful HNA/PHP within 14 days.
To rectify the deficiencies in the previous HNA/PHP.
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