CA-2024-001940 - [2025] EWCA Civ 1355

As mentioned, the Secretary of State has power to give guidance to local housing authorities. His guidance on the question of suitability was contained in Chapter 17 of the Homelessness Code of Guidance in force at the time of the review decision. (The Code has since been updated but its substance remains the same). Paragraph 17.4 points out that the location of the accommodation will always be a relevant factor. Paragraph 17.6 states:

“Account will need to be taken of any social considerations relating to the applicant and their household that might affect the suitability of accommodation, including any risk of violence, racial or other harassment in a particular locality. Where domestic abuse is involved and the applicant is not able to stay in the current home, housing authorities may need to consider the need for alternative accommodation whose location can be kept a secret and which has security measures and staffing to protect the occupants.”

Paragraph 17.50 states:

“Where it is not reasonably practicable to secure accommodation within district and an authority has secured accommodation outside their district, the housing authority is required to take into account the distance of that accommodation from the district of the authority. Where accommodation which is otherwise suitable and affordable is available nearer to the authority’s district than the accommodation which it has secured, the accommodation which it has secured is not likely to be suitable unless the applicant has specified a preference, or the accommodation has been offered in accordance with a published policy which provides for fair and reasonable allocation of accommodation that is or may become available to applicants.”

Paragraph 17.51 states:

“Generally, where possible, housing authorities should try to secure accommodation that is as close as possible to where an applicant was previously living. Securing accommodation for an applicant in a different location can cause difficulties for some applicants. Where possible the authority should seek to retain established links with schools, doctors, social workers and other key services and support.”

Paragraph 17.57 states:

“In some circumstances there will be clear benefits for the applicant of being accommodated outside of the district. This could occur, for example, where the applicant, and/or a member of their household, would be at risk of domestic abuse or other violence in the district and need to be accommodated elsewhere to reduce the risk of further contact with the perpetrator(s).”