CA-2024-002185 - [2025] EWCA Civ 1049

On 13 October 2022, an e-mail was sent by a housing officer to another officer at the respondent. The subject of the mail was said to be “Transfer – Overcrowded Anisa Begum Ref: 3105010”. The details in the body of the e-mail show the appellant’s current address and gave the reason for the request for a transfer as “Overcrowded currently in a studio, baby 12 months”. Various other details were provided.

The respondent’s evidence (which the judge accepted) was that, at this date, it operated a database which was commonly referred to as a transfer list. That database recorded information about two categories of household, namely (a) those households who were in unsuitable accommodation and required an immediate move (the implication being that that was necessary to comply with Part VII of the 1996 Act) and (b) households which wished to be considered for alternative accommodation to their current accommodation as a part of a planned move if surplus accommodation of the type requested became available. Different codes were used to describe the reason for a transfer. There was one code for those in unsuitable accommodation. There was another code used for those in overcrowded accommodation seeking a transfer on a discretionary basis. As I understand it, the appellant was allocated a code showing that she was in overcrowded accommodation (not the code used for those in unsuitable accommodation) but my decision in this appeal is not dependent on that assumption. The basis on which data was collected changed after August 2023.