High Court confirms duties to assess housing needs apply to pre-2018 homeless applications

The High Court has confirmed that the duties in section 189A of the Housing Act (HA) 1996 — to produce an assessment of a homeless applicant’s housing needs and a personalised housing plan, and to keep them review — apply to homeless applications under Part 7 HA 1996 made before the section came into force in April 2018 (R (TW) v London Borough of Hillingdon AC-2024-LON-004114).

Section 189A HA 1996 was inserted as part of the changes made by the Homelessness Reduction Act (HRA) 2017. The relevant commencement regulations[1] provided that the majority of the amendments made by the HRA 2017 came into force on 3 April 2018 (reg. 3). In relation to some of the changes, the regulations specify that they do not have effect in relation to homeless applications made before 3 April 2018 (reg. 4). However, similar transitional provision was not made in relation to section 3 HRA 2017, which inserted section 189A 1996.

On a claim for judicial review, TW, who had made a homeless application in 2015, contended that section 189A therefore applies to applications for homelessness assistance made before 3 April 2018.

The Defendant local authority did not oppose the claim and on 1 April 2025 Judge O’Connor, sitting as a Judge of the High Court, made an order in agreed terms. The order included a mandatory order requiring the Defendant to produce a housing needs assessment under section 189A and a declaration in the following terms:

IT IS DECLARED THAT:

The duties in section 189A HA 1996 apply in relation to the Claimant’s case, notwithstanding that her application for assistance under section 183 HA 1996 was made before 3 April 2018.

While the number of pre-2018 applications that remain ongoing is likely to be limited, TW’s circumstances are not unique in this respect and so the Court’s decision provides helpful confirmation of the applicability of section 189A HA 1996.

The Claimant, TW (in relation to whom an anonymity order was made), was represented by Daniel Clarke, instructed by Beatrice Patrick of Hopkin Murray Beskine.

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[1] Homelessness Reduction Act 2017 (Commencement and Transitional and Savings Provisions) Regulations 2018