Legal News

Fresh homelessness applications and changes of circumstances (R (on the application of Ibrahim) v Westminster CC)

Published on: 18 October 2021
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Article summary

Local Government analysis: The claimant challenged by way of judicial review (i) the defendant’s refusal to treat an application for housing dated 30 October 2020 as a new application (ground 1), and (ii) the defendant’s decision not to withdraw a section 202 of the Housing Act 1996 (HA 1996) decision dated 28 August 2020 (grounds 2 and 3). A breach of the public sector equality duty (PSED) was also asserted (ground 4). Ground 1 succeeded and thereby the other grounds fell away. However, the court held that grounds 2 and 3 did not provide a sufficient basis for relief to be granted although a breach of the PSED was found. The evidence was that a report from a psychiatrist regarding the circumstances of why the claimant could not have reasonably been expected to remain in accommodation in Middlesbrough had been provided to the defendant. That report had not been considered and was held to provide...

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