R(M) v Newham LBC (2020) EWHC 327 (Admin)

Summary

This case addressed the question of when a council can be ordered to provide suitable accommodation having assessed an applicant's accommodation as unsuitable for them to continue to occupy.

In the case of Ali and Birmingham the Supreme Court had held applicants could be left in unsuitable accommodation a reasonable period which left the question of what would be reasonable period for another day.

In this case the Judge made an order requiring Newham to provide suitable accommodation within 12 weeks as he considered a reasonable period had ended. The factors which led to this step were:-

  1. The family had been in the unsuitable accommodation for two years since the council had themselves accepted on review that it was not suitable for them.
  2. The lack of suitable accommodation was extremely unpleasant for the family given their daughter's medical condition.
  3. The evidence submitted by the council as to what they had been doing to try and find suitable accommodation suggested that they had not taken the Claimant's need for alternative accommodation seriously.

Law Reports

Bailii

Articles About The Case

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