We represented a client in a successful appeal against a review decision that she was not homeless.

Background

Our client was s ingle mother with dependent children, a survivor of domestic abuse, and suffered from significant health conditions. The family was living in severely overcrowded accommodation with relatives, which was not reasonable for them to continue to occupy. The housing situation was having a significant adverse impact on the family's wellbeing.

Case Challenges and Initial Proceedings

Upon being instructed, we submitted representations to the council's review officer challenging the decision that our client was not homeless. The review officer upheld the original decision, stating amongst other considerations, that our client had accommodation reasonable for her to continue to occupy, namely her ex abusive partner's, following which we were instructed to pursue an appeal under section 204 of the Housing Act 1996.

Our Approach

We lodged a section 204 appeal and submitted a request for accommodation pending appeal. In doing so, we invited the council to reconsider it's position and withdraw the decision, thereby avoiding unnecessary legal costs.

Outcome

Following the lodging of the appeal and our request for accommodation pending appeal, the council agreed to concede the appeal. The council withdrew the review decision and agreed to reassess our client's homelessness application afresh.

Following the reassessment, the council accepted that our client was owed the main housing duty and provided temporary accommodation for the family.

Our client was represented by Solicitor Clemence Coignard, with Marie Paris of Doughty Street Chambers instructed as counsel for the section 204 County Court Appeal.