All your resources at your fingertips.Learn More
A breakdown in the relationship between the claimant and her provider of temporary accommodation was an important change in facts. It was therefore irrational for a local authority to reject the claimant's further application for housing on the basis that it was based on the same facts.
20 April 2012
(1) Mrs. May (M) sought to challenge by way of judicial review the decision of Birmingham City Council (B) to refuse to accept an application made under the homelessness provisions of Part VII of the Housing Act 1996. M had left her home because she was a victim of domestic violence. She was initially housed by her grandmother (G) on a temporary basis. M applied to B for housing on the basis that she was homeless. B accepted M's application and made an offer of housing to her. However, M declined this offer. B concluded that it had discharged its duty under Part VII of the Housing Act 1996 towards M. Subsequently, there was a breakdown in the relationship between M and G. M was asked to leave by G. M then reapplied to B on the basis that she was homeless. B refused the application on the basis that the application was made on the same facts as M's original application. M's solicitors reapplied on her behalf but B refused the application.
To read the full case summary and to view the case transcript, you must subscribe to Jordans Public Law Online (if you already subscribe click here to log in).
To request a free trial click here and select Jordans Public Law online from the drop down menu.
Full text reports of cases on all aspects of licensing law and practice.