Rebecca Pickford, R (on the application of) v Sandwell Metropolitan Borough Council
[2024] EWHC 756 (Admin)
ZRR, R (on the application of) v London Borough of Bexley
7 August 2024
[2024] EWHC 2073 (Admin)
High Court
A mom and her kids were evicted and the council offered a tiny, shared room in a hostel. The court said that was unacceptable, especially given the kids’ health issues. The council also messed up their assessment of the kids' needs, so they have to redo it. The council now has to find the family proper housing.
Key Facts
- •Claimant ZRR, a 37-year-old woman with two daughters and a partner, was evicted from her Belvedere accommodation on February 21, 2023.
- •The London Borough of Bexley (Defendant) offered interim accommodation at the Erith B&B, which the Claimant refused due to unsuitability.
- •The Claimant challenged the Defendant's failure to secure suitable accommodation under Section 190 of the Housing Act 1996 and to conduct a lawful needs assessment under Section 17 of the Children Act 1989.
- •The Erith B&B was found to be unsuitable due to shared facilities and the children's mental health needs.
- •The Defendant's assessment of the children's needs was deemed unlawful for failing to adequately consider their education and specific circumstances.
Legal Principles
A local housing authority's duty under section 190(2)(a) of the 1996 Act is discharged by securing suitable accommodation for a reasonable period.
Housing Act 1996, Section 190(2)(a)
Suitability of accommodation must be assessed individually for each household member, considering their needs.
R (Nipyo) v Croydon LBC [2008] H.L.R. 37 and Nzolameso v Westminster CC [2015] UKSC 22
B&B accommodation is generally unsuitable for applicants with family commitments under the Homelessness (Suitability of Accommodation) (England) Order 2003, except in limited circumstances.
Homelessness (Suitability of Accommodation) (England) Order 2003
Local authorities must have regard to the Homelessness Code of Guidance.
Housing Act 1996, Section 182
Section 17 of the Children Act 1989 imposes a general duty to safeguard and promote the welfare of children in need.
Children Act 1989, Section 17
The duty to assess a child's needs under Section 17 is triggered by the child's presence in the local authority's area.
R (Stewart) v London Borough of Wandsworth [2001] EWHC 709 (Admin)
Outcomes
The claim for judicial review was allowed.
The Defendant failed to secure suitable accommodation for the Claimant under Section 190 of the Housing Act 1996, and its assessment of the children's needs under Section 17 of the Children Act 1989 was unlawful.
Mandatory order requiring the Defendant to comply with its duty under section 190(2)(a) of the 1996 Act within 14 days.
The offered accommodation at the Erith B&B was deemed unsuitable, failing to meet the requirements of Section 190(2)(a).
The Defendant's assessment of the children's needs was quashed, and a fresh assessment was ordered within six weeks.
The assessment failed to adequately consider the children's educational needs and specific circumstances.
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