London Borough of Haringey v Simawi & Anor

London Borough of Haringey v Simawi & Anor

The statutory scheme in sections 87-88 of the Housing Act 1985, including the exception for judicial assignment following divorce, is not manifestly without reasonable foundation and is objectively justified. There is no unlawful discrimination under Article 14 in conjunction with Article 8 ECHR. The court declines to grant either an interpretive remedy or a declaration of incompatibility.

Parties
Claimant: THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF HARINGEY; Defendant: MULKHIS SIMAWI; Interested Party: SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT
Jurisdiction
England and Wales
Judgment Date
19 October 2018
Procedural Posture
Civil / High Court Judgment on Declaratory Relief and Compatibility of Statutory Provisions With Convention Rights
Outcome
Application dismissed
Legal Topics
Succession to Tenancy, Discrimination Under Article 14 ECHR, Right to Respect for Home (article 8 Echr), Interpretation of Statutes Under Human Rights Act 1998, Judicial Review of Statutory Schemes
Constitutional Law Human Rights Law Housing Law Succession to Tenancy Discrimination Under Article 14 ECHR Right to Respect for Home (article 8 Echr) Interpretation of Statutes Under Human Rights Act 1998 Judicial Review of Statutory Schemes

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Parties

THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF HARINGEY

Claimant

MULKHIS SIMAWI

Defendant

SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT

Interested Party

Procedural Posture

Civil / High Court Judgment on Declaratory Relief and Compatibility of Statutory Provisions With Convention Rights

Legal Issues

  1. 1 Whether sections 87-88 of the Housing Act 1985 are incompatible with Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for home) of the European Convention on Human Rights
  2. 2 Whether the statutory scheme unlawfully discriminates between children of widowed tenants and children of divorced tenants in succession to secure tenancies
  3. 3 Whether the difference in treatment is objectively justified

Ratio Decidendi

The statutory scheme in sections 87-88 of the Housing Act 1985, including the exception for judicial assignment following divorce, is not manifestly without reasonable foundation and is objectively justified. There is no unlawful discrimination under Article 14 in conjunction with Article 8 ECHR. The court declines to grant either an interpretive remedy or a declaration of incompatibility.

Court Disposition

Application dismissed

Orders

  • No relief granted under section 3 or section 4 of the Human Rights Act 1998
  • Mr Simawi's application for declaratory relief is dismissed