Sheridan & Ors v Basildon Borough Council

Sheridan & Ors v Basildon Borough Council

The Council's offers of bricks and mortar accommodation did not fall below the Wednesbury minimum standard of suitability, even considering psychiatric evidence, because the risk of harm was not solely attributable to the accommodation but to the applicants' removal from Dale Farm; the Council was not required to acquire land for pitches or revisit strategic site provision within the homelessness review process.

Parties
Appellants: Sheridan & Ors; Respondent: Basildon Borough Council
Jurisdiction
England and Wales
Judgment Date
21 March 2012
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeals dismissed
Legal Topics
Homelessness, Gypsy and Traveller Accommodation, Suitability of Accommodation, Article 8 ECHR, Wednesbury Unreasonableness
Housing Law Administrative Law Human Rights Law Homelessness Gypsy and Traveller Accommodation Suitability of Accommodation Article 8 ECHR Wednesbury Unreasonableness

Case Brief

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Parties

Sheridan & Ors

Appellants

Basildon Borough Council

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Basildon Borough Council discharged its duty under s.193(2) of the Housing Act 1996 to provide suitable accommodation for Irish traveller appellants
  2. 2 Whether the Council's offer of bricks and mortar accommodation was suitable given psychiatric evidence of harm
  3. 3 Whether the Council could rely on lack of available caravan pitches when this resulted from its own site provision policies

Ratio Decidendi

The Council's offers of bricks and mortar accommodation did not fall below the Wednesbury minimum standard of suitability, even considering psychiatric evidence, because the risk of harm was not solely attributable to the accommodation but to the applicants' removal from Dale Farm; the Council was not required to acquire land for pitches or revisit strategic site provision within the homelessness review process.

Court Disposition

Appeals dismissed