Lekpo-Bozua v Hackney LBC [2010] EWCA Civ 909

The council owed the claimant the main housing duty under Housing Act 1996 Part 7 (homelessness) because she lived with a dependant child. But the council proposed to discharge the duty by arranging a private sector assured shorthold tenancy (rather than social housing) because the child was an EU national with no right to reside in the UK and therefore a 'restricted person' under the 1996 Act (as amended). The judge dismissed an appeal from that decision. The Court of Appeal gave permission for a second appeal. The grounds of appeal asserting that the 'restricted person' scheme discriminated on grounds of nationality - contrary to human rights legislation - and that the child was in any event exercising EU treaty rights raised issues of importance that justified a full appeal hearing.

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