CA-2024-002169 - [2025] EWCA Civ 1174

The appellant submits that, in the absence of any housing needs assessment, the PHP prepared by Barnet is unlawful. Had it been reviewed on 21 October 2022, as it said it would be, what the appellant asserts as Barnet’s error in not assessing the appellant’s housing needs would have been identified. Accordingly, because Barnet failed to have regard to its assessment of the appellant’s case under section 189A, their decision that the Property was suitable was unlawful and their duty pursuant to section 195(2) has not been brought to an end. “The review decision addressing the suitability of the accommodation offered cannot substitute the failure to discharge the duty to undertake and assessment of an applicant’s housing needs and prepare a lawful PHP”.