RECLAIMING MOTION BY GLASGOW CITY COUNCIL AGAINST X [2023] ScotCS CSIH_7 (31 January 2023)

RECLAIMING MOTION BY GLASGOW CITY COUNCIL AGAINST X [2023] ScotCS CSIH_7 (31 January 2023)

The statutory duty to provide interim accommodation under section 29 of the Housing (Scotland) Act 1987 and article 4(b) of the 2014 Order is not an absolute duty to meet all assessed or special needs of the household or its members. The duty is to provide accommodation suitable for occupation by the household, taking into account its needs, as assessed reasonably by the local authority. The Council did not act unlawfully in providing a four-apartment property as interim accommodation, nor did it breach its equality duties under the Equality Act 2010.

Citation
[2023] ScotCS CSIH_7
Parties
Respondent and Reclaimer: Glasgow City Council; Petitioner and Respondent: X; Intervener: Shelter, The National Campaign for Homeless People Limited
Jurisdiction
Scotland
Judgment Date
31 January 2023
Procedural Posture
Reclaiming Motion (appeal) / Inner House, Court of Session (second Division)
Outcome
Appeal allowed; petition refused.
Legal Topics
Homelessness, Local Authority Duties, Temporary Accommodation, Disability Discrimination, Statutory Interpretation
Administrative Law Housing Law Equality Law Homelessness Local Authority Duties Temporary Accommodation Disability Discrimination Statutory Interpretation

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Parties

Glasgow City Council

Respondent and Reclaimer

X

Petitioner and Respondent

Shelter, The National Campaign for Homeless People Limited

Intervener

Procedural Posture

Reclaiming Motion (appeal) / Inner House, Court of Session (second Division)

Legal Issues

  1. 1 Whether the duty to provide interim accommodation under section 29 of the Housing (Scotland) Act 1987 and article 4(b) of the 2014 Order is an absolute duty to meet all assessed needs, including special needs, or a duty to provide suitable accommodation taking into account the needs of the household.
  2. 2 Whether the Council breached its equality duties under the Equality Act 2010 by failing to make reasonable adjustments for a disabled household member.

Ratio Decidendi

The statutory duty to provide interim accommodation under section 29 of the Housing (Scotland) Act 1987 and article 4(b) of the 2014 Order is not an absolute duty to meet all assessed or special needs of the household or its members. The duty is to provide accommodation suitable for occupation by the household, taking into account its needs, as assessed reasonably by the local authority. The Council did not act unlawfully in providing a four-apartment property as interim accommodation, nor did it breach its equality duties under the Equality Act 2010.

Court Disposition

Appeal allowed; petition refused.

Orders

  • Recall the Lord Ordinary's interlocutor dated 17 May 2022.
  • Sustain the respondent's third and fourth pleas in law.