Lisa Paley v The London Borough of Waltham Forest

Lisa Paley v The London Borough of Waltham Forest

The local authority failed to conduct an objective, evidence-based affordability assessment tailored to Ms Paley's circumstances, omitting reasonable expenses and relying on flawed figures. No reasonable authority could have concluded the property was affordable on the available material. The process did not satisfy the statutory duty, and the main housing duty was not discharged.

Parties
Claimant/appellant: Lisa Paley; Defendant/respondent: The London Borough of Waltham Forest
Jurisdiction
England and Wales
Judgment Date
04 February 2022
Procedural Posture
Civil Appeal / Second Appeal From County Court Decision on Homelessness Duty Discharge Under S193(2) Housing Act 1996
Outcome
Appeal allowed in part; Ground 2 (affordability assessment) succeeds, Ground 1 (reasonableness of inquiries) dismissed.
Legal Topics
Homelessness, Local Authority Duties, Affordability Assessment, Judicial Review Principles, Children's Welfare, Statutory Guidance
Housing Law Administrative Law Social Welfare Law Homelessness Local Authority Duties Affordability Assessment Judicial Review Principles Children's Welfare +1 more

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Parties

Lisa Paley

Claimant/appellant

The London Borough of Waltham Forest

Defendant/respondent

Procedural Posture

Civil Appeal / Second Appeal From County Court Decision on Homelessness Duty Discharge Under S193(2) Housing Act 1996

Legal Issues

  1. 1 Whether the local authority made proper inquiries and an appropriate objective assessment of the affordability of accommodation offered to discharge its main housing duty under s193(2) Housing Act 1996
  2. 2 Whether the right to make submissions in support of a review request constitutes reasonable inquiries by the authority
  3. 3 Whether an affordability exercise can be properly conducted without direct input from the applicant

Ratio Decidendi

The local authority failed to conduct an objective, evidence-based affordability assessment tailored to Ms Paley's circumstances, omitting reasonable expenses and relying on flawed figures. No reasonable authority could have concluded the property was affordable on the available material. The process did not satisfy the statutory duty, and the main housing duty was not discharged.

Court Disposition

Appeal allowed in part; Ground 2 (affordability assessment) succeeds, Ground 1 (reasonableness of inquiries) dismissed.

Orders

  • The appeal is allowed on the issue of affordability; the local authority's decision that the Stoke property was suitable is quashed.
  • The local authority remains subject to its main housing duty under s193(2) Housing Act 1996 to Ms Paley.