CA-2024-002348 - [2025] EWCA Civ 1390

On 8 November 2022, the appellant and ED applied for housing assistance from the respondent. The respondent treated that as an application for homelessness assistance pursuant to the provisions of Part VII of the 1996 Act. The appellant and his family were initially placed in bed and breakfast accommodation between 18 November 2022 and 9 March 2023. On 17 February 2023, the respondent accepted that the appellant was owed a duty under section 193(2) of the 1996 Act (the full, or main, housing duty). In March 2023, at a time when the appellant and ED had one child, the family were moved into a one-bedroom flat pursuant to the duty under section 193(2) of the 1996 Act. In June 2023, following the birth of the appellant’s second child, the respondent determined that a one-bedroom flat was not suitable. An occupational therapy assessment dated 7 September 2023 described ED’s needs and recommended ground floor accommodation with a wet room. Following the hearing in the court below, alternative accommodation was offered.

Early this year, the appellant was offered a private sector tenancy. Acceptance of that tenancy, subject to any application for review or appeal, will bring the duty under section 193(2) to an end (section 193(7AA) of the 1996 Act). The appellant has accepted the offer of a tenancy but sought a review of the decision pursuant to section 202 of the 1996 Act.