Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster

Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster

The Defendants were entitled to seek clarification of the Claimant's medical needs due to conflicting prior assessments; the duty under s188(1) arose after the Claimant returned forms on 26 August 2022. The Defendants breached their duty by delaying the offer of interim accommodation until 26 September 2022, but the duty was discharged when the Claimant refused suitable interim accommodation. The decision to leave the Claimant in his current flat was irrational due to fire risk, but this unlawfulness was irrelevant after the duty was discharged. The Defendants did not breach the Public Sector Equality Duty, as they focused on the Claimant's disabilities but were frustrated by his refusal...

Parties
Claimant: Oday Yabari; Defendants: The Lord Mayor and Citizens of the City of Westminster
Jurisdiction
England and Wales
Judgment Date
31 January 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Homelessness, Public Sector Equality Duty, Interim Accommodation, Disability Rights, Judicial Review Procedure
Administrative Law Housing Law Equality Law Homelessness Public Sector Equality Duty Interim Accommodation Disability Rights Judicial Review Procedure

Case Brief

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Parties

Oday Yabari

Claimant

The Lord Mayor and Citizens of the City of Westminster

Defendants

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendants breached their duty under s188(1) of the Housing Act 1996 to provide suitable interim accommodation
  2. 2 Whether the Defendants breached the Public Sector Equality Duty under s149 of the Equality Act 2010
  3. 3 Whether the Defendants' decision to leave the Claimant in his current accommodation was irrational due to fire risk

Ratio Decidendi

The Defendants were entitled to seek clarification of the Claimant's medical needs due to conflicting prior assessments; the duty under s188(1) arose after the Claimant returned forms on 26 August 2022. The Defendants breached their duty by delaying the offer of interim accommodation until 26 September 2022, but the duty was discharged when the Claimant refused suitable interim accommodation. The decision to leave the Claimant in his current flat was irrational due to fire risk, but this unlawfulness was irrelevant after the duty was discharged. The Defendants did not breach the Public Sector Equality Duty, as they focused on the Claimant's disabilities but were frustrated by his refusal...

Court Disposition

Claim dismissed