Discharge of Duty under s188(1)
98.Section 205(1) refers to S.206 for a definition as to how the S.188(1) housing functions “may” be discharged “only” in three ways:“206(1) A local housing authority may discharge their housing functions under this Part only in the following ways— (a) by securing that suitable accommodation provided by them is available,(b) by securing that he obtains suitable accommodation from some other person, or(c) by giving him such advice and assistance as will secure that suitable accommodation is available from some other person.”99.Paragraph 16.9 of the Code gave guidance on the words “secured” in section 206(1)(c) and stated:“…where an authority has a duty to secure accommodation, they will need to ensure that the advice and assistance provided results in suitable accommodation actually being secured. Merely assisting the applicant in any efforts that they might make to find accommodation would not be sufficient if suitable accommodation did not actually become available.”
- The Parties
- Bundles
- Summary
- The Issues
- Procedural Rigour and duty of candour
- CPR r.8.5(1) states:
- “Rule 54.16—Evidence
- Documents and evidence
- The background facts
- The history from the Ombudsman’s report
- Medical assessment result
- The Claimant’s medical records
- The Ombudsman’s decision
- Facts from the revised Grounds of Response
- The OT reports
- Current facts including the pleadings and chronology of the action
- The Medical Assessment form
- Consent to share form
- Income form
- Factual chronology continued
- The Claimant’s witness statements
- The grounds for the claim for judicial review
- Findings of fact
- Overview
- The homelessness application may trigger inquiries
- Accepting the application
- Definition of “homeless at home”
- Priority Need
- The Assessment
- Code of Guidance
- Notification of the decision
- The Main Duty to accommodate
- The “Relief Duty” to help to secure temporary accommodation
- Duty to provide interim accommodation for priority need applicants
- Discharge of Duty under s188(1)
- Applicants who refuse offers of suitable alternative interim accommodation
- Communication of decision on S.188(1) application/duty
- Public sector equality duty
- Case law
- from the time the authority has a reason to believe the relevant matters, until they determine the homeless application.”
- an immediate duty under s.188 to ensure that suitable accommodation is available for the applicant
- or to engage in inquiries outside the statutory scheme into whether the applicant is indeed homeless
- they cannot engage in non-statutory inquiries designed to (or which in fact) emasculate, dilute or “short-cut” the statutory requirements
- In the vast majority of cases, the making of the application will mean that it is difficult if not impossible for the council not to believe that the applicant may be homeless or threatened with homelessness.
- Equally, the authority is entitled to question a person who claims that he is homeless at home, to clarify whether, in fact, there is reason to believe that the accommodation occupied by that person is such that it may not be reasonable for him to continue to occupy it. It is simply not the case that every complaint about the condition of a property of which the Council, and no doubt other housing authorities, receive very many gives rise to such a reason to believe, despite the lowness of the threshold.
- what the applicant says together with the past history of the applicant as known to the authority
- Applying the law to the facts
- Clarification before accepting the duty under S.188(1)
- Factors
- Homeless at home after acceptance of the duty
- Suitability of the Park West Flat
- Notification
- Ground 1
- Ground 2.
- The offer
- The Claimant’s refusal
- Delay
- Did the Claimant actually request suitable alternative interim accommodation after 26.9.2022?
- Ground 3: PSED.
- Conclusions on the parties’ agreed list of issues
- The need for constant supervision.
- The expense of enforcement.
- The need for precision.
- Morris v. Redland Bricks Ltd. [1970] A.C. 652
- Unjust enrichment of the Claimant.
- R. v. Islington London Borough Council, ex p. B (1997) 30 H.L.R. 706, Q.B.D.
- Conclusions