Successful Challenge to Local Authority’s Housing Assessment Failures
Ms X was housed in temporary accommodation in a London borough. The temporary accommodation was studio accommodation that Ms X initially occupied alone. Following the birth of her daughter, and a deterioration in her health, she approached us to assist in challenging the suitability of the accommodation.
We requested the local authority conduct a suitability assessment of the accommodation, pursuant to their continuing duty under s193 of the Housing Act 1996 to secure that suitable accommodation is made available for Ms X.
We also asked that they provide Ms X an updated housing needs assessment, pursuant to s189A of the Housing Act 1996, to reflect the addition of her daughter to her household and her medical needs.
The local authority failed to action this request, so we assisted Ms X in making an application for permission to bring a claim for judicial review. Grounds of the claim were the local authority’s failure to:
- review the suitability of Ms X’s temporary accommodation
- review Ms X’s housing needs.
Permission was granted to bring the claim on both grounds.
Just before the final hearing, the local authority agreed that Ms X’s temporary accommodation was not suitable and made her a direct offer of suitable permanent council-owned accommodation. They also agreed to produce a lawful housing needs assessment within 2 weeks.
Ms X was represented by Thea Grattidge in the housing team. She was assisted by Joshua Jackson at Doughty Street Chambers.