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

The powers and duties of a housing authority as regards the homeless are set out in Part 7 of the Act. They are well-known and need not be set out fully. In exercising those powers and discharging those duties the authority must “have regard to such guidance” as may be given by the Secretary of State: section 182.

The full housing duty, which Enfield accepts it owed to Ms A, is contained in section 193 (2). That duty is a duty “to secure that accommodation is available for occupation by the applicant.” The duty may only be discharged in one of three ways, of which the relevant one for present purposes is by securing that “suitable accommodation” is available for the applicant: section 206.

Section 210 gives the Secretary of State power to specify (a) circumstances in which accommodation is or is not to be regarded as suitable for a person and (b) matters to be take into account or disregarded in determining whether accommodation is suitable for a person. The Secretary of State has exercised that power by making a number of orders, including the Homelessness (Suitability of Accommodation) (England) Order 2012. Article 2 of that order provides:

“In determining whether accommodation is suitable for a person, the local housing authority must take into account the location of the accommodation, including—

(a)

where the accommodation is situated outside the district of the local housing authority, the distance of the accommodation from the district of the authority;…”

Section 208 is at the heart of this appeal and so needs to be quoted in full:

“(1)

So far as reasonably practicable a local housing authority shall in discharging their housing functions under this Part secure that accommodation is available for the occupation of the applicant in their district.

(2)

If they secure that accommodation is available for the occupation of the applicant outside their district, they shall give notice to the local housing authority in whose district the accommodation is situated.

(3)

The notice shall state—

(a)

the name of the applicant,

(b)

the number and description of other persons who normally reside with him as a member of his family or might reasonably be expected to reside with him,

(c)

the address of the accommodation,

(d)

the date on which the accommodation was made available to him, and

(e)

which function under this Part the authority was discharging in securing that the accommodation is available for his occupation.

(4)

The notice must be in writing and must be given before the end of the period of 14 days beginning with the day on which the accommodation was made available to the applicant.”

Section 202 gives an applicant the right to request a review of certain decisions. These include any decision by the local authority as to the suitability of accommodation: section 202 (1) (f). But they do not include any failure to give notice as required by section 208 (4), which, in any event, cannot be described as a “decision” by the local authority.

An applicant who is dissatisfied with a review decision is entitled to appeal to the county court “on any point of law arising from the decision”: section 204. A point of law arises from a decision if it concerns or relates to the lawfulness of the decision; and in deciding that question the court has jurisdiction to consider the full range of issues that would otherwise be the subject of an application to the High Court for judicial review. An appeal is not limited to points of law that might broadly but imprecisely be described as “points of housing law” but extends to the full range of issues that would otherwise be the subject of an application to the High Court for judicial review. These include challenges on grounds of procedural error, the extent of legal powers (vires), irrationality, and inadequacy of reasons:  James v Hertsmere BC [2020] EWCA Civ 489, [2020] 1 WLR 3606 at [31]. That said, an appeal under section 204 is not a claim for judicial review: Adesotu v Lewisham BC [2019] EWCA Civ 1405, [2019] 1 WLR 5637.