Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster

31 January 2023

[2023] EWHC 185 (Admin)

High Court

A disabled person claimed the council wasn't helping them find a new home. The council offered a temporary home, but the person refused it. The court decided that since the person refused help, the council wasn't at fault, even though the person's current apartment was unsafe due to a fire hazard.

Key Facts

•Claimant, a Westminster resident, alleges inadequate disabled accommodation.
•Claimant seeks judicial review of the Defendant's (Westminster City Council) handling of his priority homelessness rehousing application.
•Claimant asserts breaches of section 188(1) of the Housing Act 1996 and the Public Sector Equality Duty (PSED).
•Defendants argue they offered suitable temporary accommodation, which the Claimant rejected.
•Central issue: whether Claimant's medical conditions justify a two-bedroom (as claimed) versus a one-bedroom (as offered) wheelchair-accessible property.
•Claimant provided witness statements but lacked supporting medical evidence.
•Defendants had a pre-existing file containing contradictory assessments of Claimant's needs.
•Defendants offered interim accommodation on September 26th, 2022, which the Claimant rejected.
•A significant fire safety risk existed in the Claimant's 7th-floor flat.

Legal Principles

Judicial review assesses lawfulness, not merits.

CPR r.54.1

Duty of candour applies in judicial review proceedings.

Administrative Court Guide, para. 6.4; Croydon v Y [2016] EWCA Civ 398

Part 7 of the Housing Act 1996 governs priority homelessness applications.

Housing Act 1996, Part 7

Section 184(1) requires inquiries if reason to believe applicant may be homeless.

Housing Act 1996, s.184(1)

Section 188(1) imposes an immediate duty to secure accommodation if reason to believe applicant is homeless, eligible, and in priority need.

Housing Act 1996, s.188(1)

Section 193(2) outlines the main housing duty for eligible, priority need, non-intentionally homeless individuals.

Housing Act 1996, s.193(2)

Section 206(1) outlines the methods of discharging housing functions.

Housing Act 1996, s.206(1)

Public Sector Equality Duty (PSED) under s149 of the Equality Act 2010.

Equality Act 2010, s.149

Definition of 'homeless' under s.175 of the Housing Act 1996.

Housing Act 1996, s.175

Case law on 'homeless at home' and the temporal aspect of suitability (Birmingham v Ali [2009] UKHL 36, R (Edwards) v Birmingham [2016] EWHC 173 (Admin), R (Elkundi) v Birmingham [2022] EWCA Civ 601).

Birmingham v Ali [2009] UKHL 36; R (Edwards) v Birmingham [2016] EWHC 173 (Admin); R (Elkundi) v Birmingham [2022] EWCA Civ 601

Principles for granting mandatory injunctions (Co-operative Insurance v Argyll Stores [1998] A.C. 1).

Co-operative Insurance v Argyll Stores [1998] A.C. 1

Outcomes

Claim dismissed.

The court found that while the council initially failed to promptly offer interim accommodation, the claimant's refusal of the later offer discharged the council's duty. The court also noted the claimant's failure to provide necessary medical evidence and cooperate in clarifying the extent of his needs. The council's failure to consider fire safety was deemed irrational, but irrelevant due to the claimant's refusal of offered accommodation.

Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster

Key Facts

Legal Principles

Outcomes

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