The Claimant’s witness statements
71.The Claimant’s first witness statement asserted various serious medical conditions. Those were: asthma; tachycardia; high blood pressure; dyslexia; migraines; a slipped disc in his back and depression. He provided no medical evidence in support and provided no medical notes or letters. In effect he relied on his mere assertions. 72.The Claimant’s second witness statement contained the assertion that the Claimant could not read emails himself and could not access his carer’s emails. He asserted the need for a change of accommodation arose inter alia because he had started a relationship in February 2022 and he could not get privacy from his carers with his new partner. He asserted that the Defendants were not funding his carers. He raised his concerns about fire safety and his inability to use the stairs to escape, the narrow doorways in his flat and his need for night care and a carer bedroom.73.In the 3rd witness statement the Claimant asserted his slipped disc had been caused by some falls at age 21 and his spine/disc had “adjusted in their own way”. At para. 38 he explained: “Due to my mobility issues I am unable to walk very.” (This quote is not a typing error). He asserted that he needed to be carried into the bathroom. He claimed that by the age of 26/27 he had become a permanent wheelchair user. He was born in 1990 so that would have been 2016/2017 and before he chose and started to occupy his flat in Park West.74.In none of the witness statements did the Claimant provide any medical evidence of his conditions. 75.This Court has judicial knowledge that slipped discs affect large numbers of British Citizens. They are can be categorised as bulging or prolapsed discs (sequestrated or not) and may lead to conservative or surgical treatment. However they are not an automatic step to permanent wheelchair use and disability or paraplegia. The Claimant has made no effort to provide the Defendants or this Court with a medical diagnosis for his asserted permanent wheelchair-bound life.
- 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
