Bano, R (On the Application Of) v London Borough of Waltham Forest [2025] EWCA Civ 92 (07 February 2025)

Bano, R (On the Application Of) v London Borough of Waltham Forest [2025] EWCA Civ 92 (07 February 2025)

The Council's duty under section 193 of the Housing Act 1996 ceases automatically upon refusal of a private rented sector offer where statutory conditions are met, and the applicant had statutory rights to request a review under section 202(1)(b); therefore, judicial review was not appropriate due to the existence of alternative remedies.

Citation
[2025] EWCA Civ 92
Parties
Claimant/respondent: Sabhya Bano; Defendant/appellant: London Borough of Waltham Forest
Jurisdiction
England and Wales
Judgment Date
07 February 2025
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; judicial review claim dismissed.
Legal Topics
Homelessness, Judicial Review, Alternative Remedies, Statutory Interpretation
Administrative Law Housing Law Homelessness Judicial Review Alternative Remedies Statutory Interpretation

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Parties

Sabhya Bano

Claimant/respondent

London Borough of Waltham Forest

Defendant/appellant

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Council's duty under section 193 of the Housing Act 1996 ceased automatically upon refusal of a private rented sector offer
  2. 2 Whether a review under section 202(1)(b) was available to the applicant
  3. 3 Whether judicial review was precluded by the existence of alternative statutory remedies

Ratio Decidendi

The Council's duty under section 193 of the Housing Act 1996 ceases automatically upon refusal of a private rented sector offer where statutory conditions are met, and the applicant had statutory rights to request a review under section 202(1)(b); therefore, judicial review was not appropriate due to the existence of alternative remedies.

Court Disposition

Appeal allowed; judicial review claim dismissed.

Orders

  • Declaration that the Council's duty under section 193 ceased is granted.
  • No order for accommodation to be provided to Mrs Bano.