AA, R (on the application of) v London Borough of Waltham Forest

AA, R (on the application of) v London Borough of Waltham Forest

Steps relating to the allocation, assessment, or offer of social housing 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. Such steps are governed exclusively by Part 6 and the authority’s allocation scheme. It was not unreasonable or unlawful for the authority to exclude such steps from the personal plan.

Parties
Respondent/claimant: AA; Appellant/defendant: London Borough of Waltham Forest
Jurisdiction
England and Wales
Judgment Date
19 May 2026
Procedural Posture
Civil Appeal (judicial Review) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Homelessness, Personal Housing Plans, Statutory Interpretation, Judicial Review
Housing Law Administrative Law Homelessness Personal Housing Plans Statutory Interpretation Judicial Review

Case Brief

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Parties

AA

Respondent/claimant

London Borough of Waltham Forest

Appellant/defendant

Procedural Posture

Civil 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 or unlawful for the authority to exclude such steps from the personal plan

Ratio Decidendi

Steps relating to the allocation, assessment, or offer of social housing 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. Such steps are governed exclusively by Part 6 and the authority’s allocation scheme. It was not unreasonable or unlawful for the authority to exclude such steps from the personal plan.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court quashed
  • Declaration that the authority acted unlawfully by failing to include steps to support AA in her application for allocation of social housing in the personal plan set aside