Sabhya Bano, R (on the application of) v London Borough of Waltham Forest
Mrs Bano had statutory remedies available under section 202 of the Housing Act 1996 to challenge the Council's decision, and judicial review is inappropriate absent exceptional circumstances; the Council's duty ceased automatically upon refusal of the offer.
- Parties
- Claimant/respondent: Sabhya Bano; Defendant/appellant: London Borough of Waltham Forest
- Jurisdiction
- England and Wales
- Judgment Date
- 02 July 2025
- Procedural Posture
- Judicial Review / Appeal From High Court to Court of Appeal
- Outcome
- Appeal allowed; claim for judicial review dismissed.
- Legal Topics
- Judicial Review, Alternative Remedies, Homelessness, Statutory Duty, Housing Act 1996
Case Brief
Summary, issues, holding and outcome
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Parties
Sabhya Bano
Claimant/respondent
London Borough of Waltham Forest
Defendant/appellant
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether the Council's duty under section 193 of the Housing Act 1996 ceased automatically or required a decision
- 2 Whether Mrs Bano had an alternative statutory remedy precluding judicial review
- 3 Whether the Council's offer letter complied with statutory requirements
Ratio Decidendi
Mrs Bano had statutory remedies available under section 202 of the Housing Act 1996 to challenge the Council's decision, and judicial review is inappropriate absent exceptional circumstances; the Council's duty ceased automatically upon refusal of the offer.
Court Disposition
Appeal allowed; claim for judicial review dismissed.
Orders
- The appeal is allowed.
- The claim for judicial review is dismissed.
Full Case Text
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