Court orders local authority to provide accommodation pending appeal following successful appeal under section 204A of the Housing Act 1996

Cara Hall represented the appellant, a victim of domestic abuse with a constellation of physical and mental health issues, in an appeal pursuant to section 204A of the Housing Act 1996 against the local authority’s refusal to exercise its power under section 204(4) to provide accommodation pending appeal.

The Court allowed the appeal and quashed the local authority’s decision, finding that the local authority had failed to properly direct itself in accordance with the criteria laid down in R v Camden LBC ex p Mohammed (1997) 30 HLR 315 (QBD) by failing to have any regard to the consequences to the Appellant of an adverse decision given her personal circumstances. The Court proceeded to apply the Mohammed criteria itself, in accordance with Francis v Kensington and Chelsea LBC [2003] 1 WLR 2248, finding that they all pointed clearly to the provision of accommodation pending appeal.

The Court also concluded that not ordering the local authority to provide accommodation pending appeal would substantially prejudice the Appellant’s ability to pursue her underlying section 204 appeal, in accordance with section 204A(6).

As such, the court ordered the local authority to provide the appellant with accommodation pending appeal. 

Cara Hall was instructed by Naviya Shah at ARKrights. To instruct Cara in homelessness matters, please contact her clerks.