Case No. EWHC-185-(Admin)

57.On the 30th of August a new case worker, A Anene, called the Claimant to introduce him or herself. The Defendants’ computer records start on that date. There are no earlier ones in the bundle. They disclose that on the 12th of September the case worker called the Claimant again and his carer, Mr Saadi answered. The Claimant gave consent for this carer to liaise with the Defendants in relation to his disabilities. The Claimant informed the Defendants that he had applied for a care package to social services and was seeking a two-bedroom ground floor property because he required overnight care and space for the carers. This was a crucial piece of information and identified the long running issues between the Claimant and the Defendants. 58.On the 13th of September the Defendants housing department emailed adult social care inquiring as to their assessment of his disabilities in relation to his accommodation needs.59. On the 21st of September the Claimant made his judicial review claim which was issued the next day. In that he claimed to be challenging a decision made on the 15th of September by which the Defendants failed to accept his application under the Housing Act and had failed to make enquiries and failed to provide suitable accommodation under S.188. No copy of any decision made on that day was provided to me. He sought a mandatory order compelling the Defendants to accept his application, carry out inquiries and provide suitable interim accommodation under S.188. In the Statement of Facts relied on the Claimant wholly omitted to mention the interview on the 12th of August by the Defendants with him and the request made that day for the Claimant to provide his full medical information and details of his GP and treating doctors and carers. He also wholly failed to mention the blanks in the forms he returned and his refusal to provide details of his doctors and NHS number and consultants.60.On the 22nd of September the Claimant also applied for urgent relief. Directions were given by Hill J on the same day for dealing with that urgent application.61.In my judgment this claim form and urgent application were divorced from the factual reality and did not set out in the statements of facts the relevant facts which were needed for the court to consider the claim fairly. There was no mention of the long running issue between the parties over the extent of the Claimant’s disabilities. There was no medical evidence provided in support of the Claimant’s asserted medical conditions. Before such application were made the Claimant should have obtained a GP letter at the least setting out the diagnoses and prognoses for his various conditions.62.On the 26th of September the Defendants’ case worker (Anene) called the Claimant and spoke to Mr Saadi his carer. The case worker explained the 56 day process for a referral for help finding private rental accommodation. The Claimant stated (through his carer) that he was unhappy with this and that he had started judicial review proceedings. The Claimant raised that he was unsure why his application was being processed as a new one because of the long history of housing applications he had made. The case worker explained that the Defendants were moving forwards with the homelessness application as expected. In a later addition to the note made by the case worker which was written on 28 September he/she added that the case worker had offered temporary accommodation: “I offered TA” but the Claimant responded that he had lived in his current flat for four years and that it would not be helpful for him to move multiple times and he only wanted a permanent move.63.I note that the Claimant did not put that rather important new evidence before the court. He progressed the urgent application for relief without informing the court of this. 64.In the Defendants’ response letter through Mr/Ms Anene, sent to the Claimant’s lawyers on 29th September, the Defendants accepted that the Claimant was homeless, eligible for assistance and had a local connection. They accepted their duty to investigate, assess the case and progress. They attached a personalised housing plan. They also asserted that on the 26th of September they had sought to reach agreement with the Claimant in relation to interim accommodation. They recorded that no agreement was reached. They asserted that on that day they stated they would work with the Claimant to find suitable private rented accommodation: a one bedroom property and that they had offered temporary accommodation to the Claimant but the Claimant’s carer, Mr Saadi, had stated both the Claimant and the carer were unhappy because they believed the Claimant was entitled to “a council property”. In addition, through Mr Saadi, the Claimant stated he would not accept temporary accommodation because he had been residing at his flat for four years and he only wanted to move once as a result of his medical conditions and that move should be to a council property.65.On the 29th of September the Defendants’ Grounds of Resistance were filed. The Defendants relied on the letter of 29th September. The Defendants asserted that the Defendants had performed their duty under S.188 by advising the Claimant to remain in his flat pending the completion of their inquiries as to what duty was owed to him in relation to accommodation. The Defendants raised the fact that the Claimant had been in his flat for four years and that no reason had been advanced as to why he had become disadvantaged recently. The Defendants asserted that the Claimant’s flat was suitable interim accommodation pending the outcome of his homelessness application.66.On the 3rd of October Lang J refused interim relief. On the 6th of October the Claimant applied to set aside the order of Lang J and to amend the grounds of claim. 67.On the 13th of October the Defendants offered the Claimant interim accommodation out of the borough (in Northolt) but the Claimant rejected that offer on the grounds that it was too far away from his family and support system.68.At the inter parties hearing before Deputy High Court Judge Clare Padley on the 14th of October interim relief was refused but the Claimant was granted permission to amend his grounds. The revised grounds were served and the grounds of defence were revised and served.69. On the 28th of October Jonathan Glasson KC, sitting as a Deputy High Court judge, granted permission for judicial review.70.By an order dated 30th December Bourne J permitted the Claimant to adduce in evidence a third witness statement but ordered that part of that witness statement relating to the conversation on the 26th of September 2022 be deleted.