We were instructed by a migrant, single mother in 2022 due to the unsuitability of her temporary accommodation. Unfortunately, there was no quick resolution to her case, as the council repeatedly made offers of unsuitable accommodation. Eventually, after years of our client persisting with her fight for suitable housing, she has finally moved into suitable council housing with her young daughter. This is the story of this long legal battle.
The first review
When we were first instructed, our client was housed in out-of-borough temporary accommodation for a year. Over this period of time, her son had become involved in gangs local to the temporary accommodation, and the National Referral Mechanism (NRM) had found reasonable grounds they were a victim of modern slavery, as well as concerns being raised with social services.
As the council had not made a review decision in time, we prepared an appeal in the County Court. The council finally made a decision that the accommodation was not suitable before the appeal was submitted. The council then provided in-borough temporary accommodation. However it was only a 1-bedroom flat for her and her teenage son.
Three unsuitable offers
Our client reviewed the new accommodation due to size and disrepair. Due to difficulties in the relationship with her teenage son, a one-bedroom property was not suitable. The council failed to make a review decision within time, and an appeal was submitted to the County Court.
During the appeal, there was domestic abuse from the son. As a result, the council agreed the accommodation was unsuitable and made an alternative offer. However, the offer was in an area our client did not feel safe and she suffered a mental breakdown while trying to view the property; she was also pregnant at this time. She had no option but to refuse the accommodation. After a review, the council admitted this offer was unsuitable.
During the review, our client remained at risk in the in-borough accommodation where her son knew she lived. We assisted our client to start judicial review proceedings to obtain an offer of suitable accommodation. We also assisted her in conducting a housing needs assessment.
The council did complete a housing needs assessment and then offered our client accommodation across London, far away from her home borough and support network. Our client had no choice but to accept this accommodation, and move away from her community. We later obtained a copy of the housing needs assessment that said she needed in-borough accommodation, and therefore she should not have been moved so far away.
We assisted with another review, and the accommodation was found to be unsuitable. The council moved our client to nearer accommodation, but also changed her housing needs to say she could be housed out-of-borough.
Two judicial reviews and a County Court appeal
We opened a further suitability review of the new temporary accommodation, the 5th review in total. We also assisted our client to bring a judicial review against the inexplicable change to the housing needs assessment. The council settled these proceedings and completed a new assessment. This new agreement again agreed she needed to be housed in borough and that she needed 2-bedroom accommodation.
Despite this finding that our client should be housed in borough in 2-bedroom accommodation, the council did not concede the suitability review, despite it being a 1-bedroom flat and out of borough. The council instead again failed to make a review decision within the required time period.
Due to the obvious difficulties the council had finding suitable temporary accommodation, we had asked the council to consider making a direct offer of social housing. This request had not been answered in many months, and the council had repeatedly missed deadlines to provide a decision.
We then assisted our client to take judicial review proceedings about a number of issues, including the failure to answer the request for a direct offer. We also assisted our client to take an appeal to the County Court about the suitability of her temporary accommodation.
Council housing
After four legal proceedings and five suitability reviews, the council made a direct offer of suitable council housing. Our client now finally has safe and secure accommodation that meets her housing needs.
Our client was represented by Solicitor, Luke Sheldon. Luke instructed counsel from Doughty Street Chambers and Garden Court Chambers, including Daniel Clarke and Adrian Marshall Williams.
FAQs
Temporary accommodation can be unsuitable for a wide range of reasons, including location, hazards in the property, overcrowding or accessibility issues. It is the council who decide if accommodation is suitable, however homeless applicants can challenge these decision firstly by review, and then potentially by an appeal in the County Court on a point of law.
Councils are allowed to house people outside the local authority area, and due to the housing crisis this is sadly increasingly common. However, councils are required to provide the closest possible accommodation to where the applicant was previously living. To try and ensure this, councils normally have policies explaining how they obtain accommodation, and also how they prioritise households for closer accommodation based on their needs.
