Can a local housing authority determine the suitability of offered accommodation if it has not ...
Local Government analysis: The Court of Appeal in Norton v London Borough of Haringey upheld the local authority’s decision regarding its discharge of homelessness duties under Part VII of the Housing Act 1996 (HA 1996). The court held that Haringey had lawfully determined that it had discharged its duty to Mr. Norton by offering suitable accommodation and that its decision-making process was procedurally fair and rational. This case is significant for housing law practitioners, particularly those advising on homelessness applications and judicial reviews of local authority decisions. It reinforces the principle that courts will not interfere with local authority decisions unless there is a clear error of law or procedural unfairness. The Court of Appeal agreed with Haringey’s case that a Housing Needs Assessment (HNA) and Personal Housing Plan is not a condition precedent to a finding that the accommodation provided was suitable. Written by Clive Adams, partner at Birketts LLP.
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