Querino v Cambridge City Council (Rev1) [2024] EWCA Civ 314 (27 March 2024)

Querino v Cambridge City Council (Rev1) [2024] EWCA Civ 314 (27 March 2024)

The Council's offer of one-bedroom accommodation was lawful and suitable under the Housing Act 1996 and Council policy, as the children had a main home with their mother and no exceptional circumstances existed. The reviewer was correct to disregard the Cafcass report due to legal restrictions on disclosure. No deficiency requiring a 'minded to' letter arose. Section 193(7F) and (8) did not apply as the Council controlled both properties and ensured obligations could be ended. The County Court's decision was erroneous and the appeal was allowed.

Citation
[2024] EWCA Civ 314
Parties
Claimant/respondent: Julian Querino; Defendant/appellant: Cambridge City Council
Jurisdiction
England and Wales
Judgment Date
27 March 2024
Procedural Posture
Appeal From County Court (housing/homelessness) / Court of Appeal Judgment
Outcome
Appeal allowed; County Court decision reversed.
Legal Topics
Homelessness, Suitability of Accommodation, Children's Welfare, Public Sector Equality Duty, Disclosure of Family Court Documents
Housing Law Administrative Law Family Law Homelessness Suitability of Accommodation Children's Welfare Public Sector Equality Duty Disclosure of Family Court Documents

Case Brief

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Parties

Julian Querino

Claimant/respondent

Cambridge City Council

Defendant/appellant

Procedural Posture

Appeal From County Court (housing/homelessness) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Council's offer of one-bedroom accommodation was suitable for Mr Querino given his wish for his children to stay overnight
  2. 2 Whether the review decision confirming suitability should stand
  3. 3 Whether the reviewer should have sent a 'minded to' letter under Homelessness (Review Procedure etc) Regulations 2018

Ratio Decidendi

The Council's offer of one-bedroom accommodation was lawful and suitable under the Housing Act 1996 and Council policy, as the children had a main home with their mother and no exceptional circumstances existed. The reviewer was correct to disregard the Cafcass report due to legal restrictions on disclosure. No deficiency requiring a 'minded to' letter arose. Section 193(7F) and (8) did not apply as the Council controlled both properties and ensured obligations could be ended. The County Court's decision was erroneous and the appeal was allowed.

Court Disposition

Appeal allowed; County Court decision reversed.

Orders

  • Review decision stands; Council's offer of one-bedroom accommodation to Mr Querino is lawful and suitable.