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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

31 AUG 2012

R (May) v Birmingham City Council [2012] EWHC 1399 (Admin) (2012) PLLR 102

Housing - homelessness - subsequent applications - change in circumstances - irrationality

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

Administrative Court

Singh J

(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.

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