Ms X approached GT Stewart as she and her children had been placed in 2^nd floor temporary accommodation, close to a busy road, by the local authority after fleeing domestic violence. The local authority accepted the main housing duty, under section 193(2) Housing Act 1996, to Ms X.

Ms X suffers with mobility issues, depression, PTSD and an auto immune condition, and her daughter has autism, severe Pica and learning difficulties. Her daughter’s autism means she has no sense of danger and was liable to injure herself. As a result, their temporary accommodation, which was also in disrepair, was not suitable for them.

Ms X requested a suitability review of her temporary accommodation and also of the assessment of housing need. GT Stewart instructed a housing surveyor and occupational therapist to assess the accommodation and sought supporting letters from medical professionals and others, which was used to made representations to the council on Ms X’s behalf. The evidence supported that the family had a need for 3 bedroom ground floor accommodation with a private garden.

Before the reviews were completed, in April 2023, Ms X was made an offer of permanent housing association accommodation of a three-bedroomed first-floor property in discharge of the local authority’s duty under section 193(2). Ms X accepted the offer but also requested a review of its suitability under s.202. The property was considered to be unsuitable as it was not ground floor, had easy access to a balcony and no private outside space. The local authority issued a decision in July accepting that the property was unsuitable and re-instated the local authority’s main housing duty to Ms X and agreed to make a further offer of permanent social housing.

The solicitor on the case was Claire Wiles from the Housing Team.