Sheffield City Council v Wall (Personal Representatives of) & Ors [2010] EWCA Civ 922 (30 July 2010)

Sheffield City Council v Wall (Personal Representatives of) & Ors [2010] EWCA Civ 922 (30 July 2010)

A foster child is not included within the definition of 'child' or 'member of the tenant's family' for the purposes of succession to a secure tenancy under sections 87 and 113 of the Housing Act 1985. The statutory exclusion of foster children is objectively justified and compatible with the European Convention on...

Source-derived case information.

Citation
[2010] EWCA Civ 922
Parties
Claimant/respondent: Sheffield City Council; Defendant/appellant: The Personal Representatives of June Wall; Defendant/appellant: Mr Steven Wall; Defendant/appellant: Mr Robert Ingham; Defendant/appellant: Mrs Theresa June Butler
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Appeal / Court of Appeal Judgment Following Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Secure Tenancy Succession, Definition of Family Under Housing Act 1985, Article 8 and 14 ECHR, Concurrent Tenancies, Possession Proceedings, Costs Orders
Housing Law Property Law Human Rights Secure Tenancy Succession Definition of Family Under Housing Act 1985 Article 8 and 14 ECHR Concurrent Tenancies Possession Proceedings +1 more

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Parties

Sheffield City Council

Claimant/respondent

The Personal Representatives of June Wall

Defendant/appellant

Mr Steven Wall

Defendant/appellant

Mr Robert Ingham

Defendant/appellant

Mrs Theresa June Butler

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment Following Appeal From County Court

Legal Issues

  1. 1 Whether a foster child qualifies as a 'member of the tenant's family' for succession under sections 87 and 113 of the Housing Act 1985
  2. 2 Whether exclusion of foster children from succession is compatible with ECHR Articles 8 and 14
  3. 3 Effect of possession orders and subsequent re-letting on secure tenancies

Ratio Decidendi

A foster child is not included within the definition of 'child' or 'member of the tenant's family' for the purposes of succession to a secure tenancy under sections 87 and 113 of the Housing Act 1985. The statutory exclusion of foster children is objectively justified and compatible with the European Convention on Human Rights. Mr Wall, as a foster child, was not entitled to succeed to the tenancy, and his appeal fails on this ground.

Court Disposition

Appeal dismissed

Orders

  • Mr Wall's appeal dismissed; he is not entitled to succeed to the tenancy.
  • No order for costs against the Council in favour of Mr and Mrs Ingham.