Ncube, R (on the application of) v Brighton and Hove City Council

Ncube, R (on the application of) v Brighton and Hove City Council

Local authorities have statutory powers under s.138 Local Government Act 1972 and s.2B National Health Service Act 2006 to provide temporary accommodation to NRPF rough sleepers during the COVID-19 pandemic, provided these powers are not used to circumvent the restrictions in s.185 Housing Act 1996. The Localism Act 2011 does not confer a free-standing power to accommodate NRPF persons where such action is otherwise prohibited by s.185. The Defendant erred in law in concluding it had no power to accommodate the Claimant under these provisions.

Parties
Claimant: Timon Ncube; Defendant: Brighton and Hove City Council; Interested Party: Secretary of State for Housing, Communities and Local Government; Intervener: Shelter
Jurisdiction
England and Wales
Judgment Date
11 March 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Declaratory relief granted; claim otherwise academic and not granted substantive relief.
Legal Topics
Local Authority Powers, Homelessness, No Recourse to Public Funds (nrpf), COVID 19 Emergency Response, Judicial Review, Statutory Interpretation
Public Law Housing Law Administrative Law Human Rights Law Local Authority Powers Homelessness No Recourse to Public Funds (nrpf) COVID 19 Emergency Response +2 more

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Parties

Timon Ncube

Claimant

Brighton and Hove City Council

Defendant

Secretary of State for Housing, Communities and Local Government

Interested Party

Shelter

Intervener

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether local authorities have power to accommodate NRPF rough sleepers during COVID-19 under statutory provisions outside Housing Act 1996
  2. 2 Whether s.185 Housing Act 1996 precludes accommodation under other statutes
  3. 3 Whether COVID-19 constitutes an 'emergency' under s.138 Local Government Act 1972

Ratio Decidendi

Local authorities have statutory powers under s.138 Local Government Act 1972 and s.2B National Health Service Act 2006 to provide temporary accommodation to NRPF rough sleepers during the COVID-19 pandemic, provided these powers are not used to circumvent the restrictions in s.185 Housing Act 1996. The Localism Act 2011 does not confer a free-standing power to accommodate NRPF persons where such action is otherwise prohibited by s.185. The Defendant erred in law in concluding it had no power to accommodate the Claimant under these provisions.

Court Disposition

Declaratory relief granted; claim otherwise academic and not granted substantive relief.

Orders

  • Declaration that the Defendant has powers under s.138 Local Government Act 1972 and s.2B National Health Service Act 2006 to provide temporary accommodation to NRPF rough sleepers during the COVID-19 pandemic, provided these powers are not used to circumvent s.185 Housing Act 1996.
  • No declaration as to the Localism Act 2011 or s.180 Housing Act 1996.