Bukartyk, R (on the application of) v Welwyn Hatfield Borough Council

Bukartyk, R (on the application of) v Welwyn Hatfield Borough Council

The Defendant's decision of 9 October 2019 was unlawful because it failed to properly apply the legal test for second homelessness applications by not assessing whether the new medical evidence constituted new, non-trivial facts, and instead improperly focused on whether the Claimant was in priority need. The...

Source-derived case information.

Parties
Claimant: Edyta Bukartyk; Defendant: Welwyn Hatfield Borough Council
Jurisdiction
England and Wales
Judgment Date
16 December 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; decision of 9 October 2019 quashed; Defendant directed to treat the second application as effective.
Legal Topics
Homelessness Applications, Second/subsequent Applications, Judicial Review, Statutory Duties of Local Authorities, Priority Need, Interim Accommodation
Administrative Law Housing Law Homelessness Applications Second/subsequent Applications Judicial Review Statutory Duties of Local Authorities Priority Need Interim Accommodation

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Summary, issues, holding and outcome

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Parties

Edyta Bukartyk

Claimant

Welwyn Hatfield Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant's refusal to accept the Claimant's second homelessness application was lawful under the Housing Act 1996
  2. 2 Whether the Defendant properly applied the legal principles for second homelessness applications as set out in Rikha Begum v Tower Hamlets LBC
  3. 3 Whether the Defendant's decision was rational in light of new medical evidence

Ratio Decidendi

The Defendant's decision of 9 October 2019 was unlawful because it failed to properly apply the legal test for second homelessness applications by not assessing whether the new medical evidence constituted new, non-trivial facts, and instead improperly focused on whether the Claimant was in priority need. The Defendant also failed to demonstrate that the facts were known and taken into account in the earlier decision. Therefore, the refusal to accept the second application was irrational and contrary to established legal principles.

Court Disposition

Claim allowed; decision of 9 October 2019 quashed; Defendant directed to treat the second application as effective.

Orders

  • The Defendant's decision of 9 October 2019 is quashed.
  • The Defendant is directed to treat the Claimant's second homelessness application as an effective application and to proceed in accordance with the Housing Act 1996.