Supreme Court grants permission to appeal in landmark housing case
25 January 2023
In May we reported on the challenge of balancing homelessness duties and housing stock and specifically the Court of Appeal’s judgment in R (Elkundi and others) -v- Birmingham City Council and R (Imam) -v- London Borough of Croydon [2022] EWCA Civ 601.
In the related issue of mandatory relief in cases where local housing authorities had failed to provide suitable accommodation for a person who was owed the main housing duty, the Court of Appeal held that:
- Budgetary constraints are not relevant to the question of whether a mandatory order is appropriate once a local housing authority has accepted that a person is owed the main housing duty and their current accommodation is unsuitable. While the limited number of suitable properties available may be relevant in assessing whether a local housing authority has taken all reasonable steps to secure suitable accommodation, constraints on resources are not a reason for non-compliance with a duty imposed by Parliament.
- Local housing authorities should consider using their Part 6 housing stock to secure suitable accommodation on a non-permanent basis for applicants who are owed Part 7 duties, rather than allocating it on a permanent basis in accordance with their statutory scheme. They must be prepared to explain their decision to a court, and may find it difficult to defend a decision to allocate a property under Part 6 if someone to whom the authority owed a duty under Part 7 could have been granted a non-secure tenancy over the property instead.
The Supreme Court has now granted the London Borough of Croydon permission to appeal outright.
The appeal is likely to be heard before the end of 2023, with judgment expected to be handed down later this year or early in 2024.
Browne Jacobson LLP and Kelvin Rutledge KC are instructed to act for the London Borough of Croydon in the appeal.
Contact
Victoria Searle
Senior Associate
victoria.searle@brownejacobson.com
+44 (0)330 045 2363
Contact Victoria
Related expertise
You may be interested in...
22 November 2024
Legal Update
Know your dispute resolution clauses: Key take-aways from Kajima v Children’s Ark and Lancashire Schools v Lendlease
20 November 2024
Legal Update
Martyn's Law: A closer look at the UK's new proposed anti-terror measures
03 December 2024
In Person Event
Claims Club: Birmingham
10 December 2024
In Person Event
Claims Club: London
15 November 2024
Legal Update
Building an inclusive workplace: strategies for attracting and retaining disabled talent
20 November 2024
In Person Event
Public sector planning club
31 October 2024
Legal Update - Public matters newsletter
Public matters: October 2024
29 October 2024
Legal Update
New amendments to the Civil Procedure Rules and their impact
25 October 2024
Press Release
Browne Jacobson sponsors public sector think tank on new report
24 October 2024
Legal Update
Supreme Court clarifies public authority liability: Police duty of care in negligence cases
22 October 2024
Legal Update - Employment Rights Bill
Labour’s employment law reforms: Employment Rights Bill unveiled
15 October 2024
Press Release
Browne Jacobson to provide legal services to public bodies across UK after appointment on inaugural YPO framework
14 October 2024
Legal Update
Balancing acts: Navigating the complex risks in adult social care provision
13 October 2024
Legal Update - Procurement Act
What suppliers to the Welsh public sector need to know about the Procurement Act 2023
08 October 2024
Press Release
Browne Jacobson and CBI roundtable explores how to finance public infrastructure post-PFI
06 November 2024
Training
Register your interest to join our next Home Delivery Academy
27 September 2024
Legal Update - Procurement Act
Modification of contracts existing before the go-live date of the Procurement Act 2023
27 September 2024
Legal Update - Procurement Act
Decisions of the Independent Patient Choice and Procurement Panel
25 September 2024
Legal Update
Strike breakthrough: Junior doctors agree to pay deal, ending prolonged industrial action
19 September 2024
Legal Update
Delivering EV charging infrastructure: The local government perspective
17 September 2024
Legal Update - Procurement Act
The Procurement Act 2023: What’s changing and getting prepared
13 September 2024
Legal Update - Procurement Act
Procurement Act 2023: Are you ready?
12 September 2024
Legal Update - Procurement Act
Procurement Act 2023 implementation date delayed: Here’s what you need to do now
12 September 2024
Press Release
Browne Jacobson to provide legal advice to North West public bodies after contract award
10 September 2024
Legal Update - Procurement Act
Contract management and performance
09 September 2024
Legal Update
A long period of voluntary child care does not always mean an entitlement to damages
06 September 2024
Published Article
Hybrid working: The right to flexible working and how to make it work for public sector employers
05 September 2024
Legal Update
Extended s20 voluntary care isn’t always a breach of human rights
05 September 2024
Legal Update
Mitigating the £6.2bn black hole: Are councils maximising these resources well enough?
30 August 2024
Published Article - Planning reform for public sector bodies
Planning reform must be backed by more resources and streamlined processes
30 August 2024
Legal Update - Public matters newsletter
Public matters, August 2024
28 August 2024
Legal Update - Planning reform for public sector bodies
More on planning reforms: It’s all about the plan, isn’t it?
28 August 2024
Legal Update
Product Safety and Metrology Bill: E-bike and e-scooter fires
28 August 2024
Legal Update - Procurement Act
Procurement Act 2023: Light Touch Regime
22 August 2024
Published Article
The legal and planning hurdles that must be overcome to get Great British Energy generating
22 August 2024
Published Article
The Horse Hill decision puts the spotlight on fossil fuel projects' Scope 3 emissions
20 August 2024
Opinion
What does the right to switch off mean for employers?
13 August 2024
Legal Update
What is the grey belt? Analysing NPPF reform proposals
12 August 2024
Legal Update
What to expect from the proposed changes to National Planning Policy Framework
01 August 2024