Abdelmotalib Elkundi & Ors. (R on the application of) v Birmingham City Council

Abdelmotalib Elkundi & Ors. (R on the application of) v Birmingham City Council

Section 193(2) of the Housing Act 1996 imposes an immediate, non-deferrable, unqualified duty on local housing authorities to secure suitable accommodation for homeless persons once the statutory criteria are met; systems that delay or fail to distinguish between those in unsuitable accommodation are unlawful; courts may grant mandatory orders unless the authority demonstrates all reasonable steps have been taken and compliance is impossible.

Parties
Claimant/respondent: Abdelmotalib Elkundi; Claimant/respondent: Roberta Ross; Claimant/respondent: Cali Haaji Ahmed; Claimant/respondent: Abdulwareth Al-Shameri; Appellant/defendant: Birmingham City Council; Claimant/appellant: Ruba Imam; Defendant/respondent: London Borough of Croydon
Jurisdiction
England and Wales
Judgment Date
04 May 2022
Procedural Posture
Civil Appeal (judicial Review) / Court of Appeal Judgment on Appeal From Administrative Court
Outcome
Appeal by Birmingham City Council dismissed; appeal by Mrs Imam allowed and remitted to High Court for reconsideration.
Legal Topics
Statutory Duties of Local Authorities, Homelessness, Judicial Review, Mandatory Orders, Allocation of Housing, Disability Discrimination
Administrative Law Housing Law Disability Law Statutory Duties of Local Authorities Homelessness Judicial Review Mandatory Orders Allocation of Housing +1 more

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Parties

Abdelmotalib Elkundi

Claimant/respondent

Roberta Ross

Claimant/respondent

Cali Haaji Ahmed

Claimant/respondent

Abdulwareth Al-Shameri

Claimant/respondent

Birmingham City Council

Appellant/defendant

Ruba Imam

Claimant/appellant

London Borough of Croydon

Defendant/respondent

Procedural Posture

Civil Appeal (judicial Review) / Court of Appeal Judgment on Appeal From Administrative Court

Legal Issues

  1. 1 Whether section 193(2) of the Housing Act 1996 imposes an immediate, unqualified, non-deferrable duty on local housing authorities to secure suitable accommodation for homeless persons
  2. 2 Lawfulness of Birmingham's system of allocating accommodation to homeless persons
  3. 3 Whether a person can waive their right to accommodation under section 193(2)

Ratio Decidendi

Section 193(2) of the Housing Act 1996 imposes an immediate, non-deferrable, unqualified duty on local housing authorities to secure suitable accommodation for homeless persons once the statutory criteria are met; systems that delay or fail to distinguish between those in unsuitable accommodation are unlawful; courts may grant mandatory orders unless the authority demonstrates all reasonable steps have been taken and compliance is impossible.

Court Disposition

Appeal by Birmingham City Council dismissed; appeal by Mrs Imam allowed and remitted to High Court for reconsideration.

Orders

  • Declaration that Birmingham City Council was in breach of its duty under section 193(2) in three cases.
  • Mandatory order requiring Birmingham to secure suitable accommodation for Mr Ahmed within 12 weeks.