Abdikadir v London Borough of Ealing [2022] EWCA Civ 979 (15 July 2022)

Abdikadir v London Borough of Ealing [2022] EWCA Civ 979 (15 July 2022)

Ealing failed to demonstrate compliance with its own policy regarding the search for in-borough private sector accommodation before making an out-of-borough offer, and thus did not show it had fulfilled its statutory duty under section 208(1) Housing Act 1996; failure to notify the receiving authority under section 208(2) did not invalidate the review decision.

Citation
[2022] EWCA Civ 979
Parties
Claimant/appellant: Shamso Abdikadir; Defendant/respondent: London Borough of Ealing
Jurisdiction
England and Wales
Judgment Date
15 July 2022
Procedural Posture
Appeal / Court of Appeal (civil Division) on Appeal From County Court
Outcome
Appeal allowed
Legal Topics
Homelessness, Local Authority Duties, Judicial Review, Statutory Interpretation
Housing Law Administrative Law Homelessness Local Authority Duties Judicial Review Statutory Interpretation

Case Brief

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Parties

Shamso Abdikadir

Claimant/appellant

London Borough of Ealing

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) on Appeal From County Court

Legal Issues

  1. 1 Whether failure to notify the receiving authority under section 208(2) Housing Act 1996 invalidates the review decision
  2. 2 Whether the local authority complied with its statutory duty to secure accommodation within its district 'so far as reasonably practicable' under section 208(1) Housing Act 1996

Ratio Decidendi

Ealing failed to demonstrate compliance with its own policy regarding the search for in-borough private sector accommodation before making an out-of-borough offer, and thus did not show it had fulfilled its statutory duty under section 208(1) Housing Act 1996; failure to notify the receiving authority under section 208(2) did not invalidate the review decision.

Court Disposition

Appeal allowed

Orders

  • Review decision quashed
  • Matter remitted for reconsideration in accordance with the law