Morris, R (on the application of) v Westminster City Council

Morris, R (on the application of) v Westminster City Council

Section 185(4) of the Housing Act 1996 requires the Council to disregard the claimant's daughter, who is subject to immigration control and ineligible for housing assistance, when determining whether the claimant has a priority need for accommodation.

Parties
Claimant: Morris; Defendant: Westminster City Council
Jurisdiction
England and Wales
Judgment Date
13 October 2003
Procedural Posture
Judicial Review / Interlocutory Judgment; Adjournment Pending Notice to Crown on Potential Declaration of Incompatibility
Outcome
Adjourned for further consideration; notice to be given to the Crown regarding potential declaration of incompatibility under the Human Rights Act 1998.
Legal Topics
Homelessness, Immigration Control, Eligibility for Housing Assistance, Discrimination Under ECHR, Interpretation of Statutes
Administrative Law Housing Law Human Rights Law Homelessness Immigration Control Eligibility for Housing Assistance Discrimination Under ECHR Interpretation of Statutes

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Parties

Morris

Claimant

Westminster City Council

Defendant

Procedural Posture

Judicial Review / Interlocutory Judgment; Adjournment Pending Notice to Crown on Potential Declaration of Incompatibility

Legal Issues

  1. 1 Whether a homeless parent has priority need for accommodation when the child is subject to immigration control but the parent is not
  2. 2 Proper construction of section 185(4) of the Housing Act 1996
  3. 3 Compatibility of section 185(4) with Article 14 ECHR (non-discrimination)

Ratio Decidendi

Section 185(4) of the Housing Act 1996 requires the Council to disregard the claimant's daughter, who is subject to immigration control and ineligible for housing assistance, when determining whether the claimant has a priority need for accommodation.

Court Disposition

Adjourned for further consideration; notice to be given to the Crown regarding potential declaration of incompatibility under the Human Rights Act 1998.

Orders

  • Further consideration of the claim for judicial review adjourned until notice under CPR 19.4A is given to the Crown.
  • Parties to assist in preparation of the notice as directed by the court.