Lomax v Gosport Borough Council [2018] EWCA Civ 1846

Summary

This was a successful appeal against a decision a severely disabled applicant was hot homeless that she was not homeless because it  reasonable for her  to continue to occupy her accommodation on the basis that the general housing circumstances prevailing in the area were such that others in the area were also living in circumstances which were ‘not ideal’.

The reviewing officer had failed to comply with the PSED which requires that a disabled person may be treated more favourably than a person who is not disabled.

Law Reports

Transcript

Bailii

Articles About The Case

Cornerstone Chambers New Court of Appeal case on PSED and ‘general housing circumstances’

Pump Court – Lomax V Gosport Bc [2018]: Court Of Appeal Allows Homelessness Appeal Against Decision That Disabled Applicant Is Not Homeless Where Living Conditions Of Others In The Area Are “Not Ideal”.

Nearly Legal – Equality Act and ‘reasonable to remain’