The grounds for the claim for judicial review
76.In the original grounds the Claimant asserted that the Defendants failed to accept the Claimant’s homelessness application; failed to make inquiries as required under S.184 and failed to provide suitable accommodation. The statement of facts mentioned the interview on 12.8.2022 and the request for medical information made on that day by the Defendants verbally and by email to the Claimant and informed the court that these had been sent on 26.8.2022 but omitted to tell the Court that the Claimant had refused to fill in the requested medical evidence sections.77.In the amended grounds for judicial review the Claimant no longer asserted that the Defendants failed to accept or progress the Claimant’s housing application but instead assert, in ground one, that the Defendants failed to offer interim accommodation and failed to notify the Claimant that they had purported to perform their duty under S.188(1) by leaving him to stay in his flat pending the outcome of the long-term housing application. I shall make findings of fact below but note here that this ground wholly ignores the offer of temporary accommodation made on 26th September to the Claimant which the Claimant rejected. 78.In ground two (which overlaps with ground 1) the Claimant asserted that the Defendants breached S.188(1) by failing to offer the Claimant suitable interim accommodation and in the alternative that the decision to leave him in his flat was irrational, or alternatively that the delay had made the current flat unsuitable. In ground three the Claimant asserted the Defendants had breached their public service equality duties by failing properly to consider the Claimant’s medical needs and disabilities and giving inadequate reasoning in relation to those.
- 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
