The Acceptance of a duty under Section 193(2) of the 1996 Act
The Acceptance of a duty under Section 193(2) of the 1996 Act
By letter dated 5 October 2022, the respondent, following the completion of inquiries, accepted that the appellant was eligible for assistance, was homeless, had a priority need as defined by the 1996 Act and had not become homeless intentionally. The letter stated the respondent had a duty to provide the applicant with accommodation under section 193 of the 1996 and would “continue to provide accommodation to you at the below address until we find you longer-term accommodation or until the duty ends for another reason”. The address given, at which accommodation was to be provided, was the studio flat at 312 Verdant Lane.
- Heading
- LORD JUSTICE LEWIS
- THE LEGAL FRAMEWORK
- The 2010 Act
- THE FACTUAL BACKGROUND
- The Acceptance of a duty under Section 193(2) of the 1996 Act
- The Request for a Transfer and the Database
- The request for a review and subsequent events
- The Claim for Judicial Review
- The judgment
- THE APPEAL
- GROUNDS 1 AND 2 – THE PCP
- Discussion
- GROUNDS 3 AND 4 – WHETHER THE PCP PUTS WOMEN AT A PARTICULAR DISADVANTAGE
- Discussion
- GROUND 5 – IS THE PCP A PROPORTIONATE MEANS OF ACHIEVING A LEGITIMATE AIM
- GROUND 6 – SECTION 149 OF THE 2010 ACT
- Conclusions
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