AA, R (On the Application Of) v London Borough of Waltham Forest [2026] EWCA Civ 626 (19 May 2026)

AA, R (On the Application Of) v London Borough of Waltham Forest [2026] EWCA Civ 626 (19 May 2026)

Steps relating to the assessment, allocation, or offer of social housing accommodation under Part 6 of the Housing Act 1996 are not steps that can be included in a personal plan under section 189A of Part 7. The judge erred in concluding otherwise. It was not unreasonable or unlawful for the authority to exclude such steps from the personal plan.

Citation
[2026] EWCA Civ 626
Parties
Respondent/claimant: AA; Appellant/defendant: London Borough of Waltham Forest
Jurisdiction
England and Wales
Judgment Date
19 May 2026
Procedural Posture
Appeal (judicial Review) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Homelessness, Personal Housing Plans, Statutory Interpretation, Local Authority Duties, Social Housing Allocation
Administrative Law Housing Law Homelessness Personal Housing Plans Statutory Interpretation Local Authority Duties Social Housing Allocation

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Parties

AA

Respondent/claimant

London Borough of Waltham Forest

Appellant/defendant

Procedural Posture

Appeal (judicial Review) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether steps relating to the allocation of social housing under Part 6 of the Housing Act 1996 can be included in a personal plan under section 189A of Part 7
  2. 2 Whether it was unreasonable for the local authority not to include such steps in the claimant's personal plan

Ratio Decidendi

Steps relating to the assessment, allocation, or offer of social housing accommodation under Part 6 of the Housing Act 1996 are not steps that can be included in a personal plan under section 189A of Part 7. The judge erred in concluding otherwise. It was not unreasonable or unlawful for the authority to exclude such steps from the personal plan.

Court Disposition

Appeal allowed

Orders

  • Declaration and order of the High Court quashed
  • No requirement for the authority to include steps relating to allocation of social housing under Part 6 in the personal plan