Zia Nabi and David Cowan successful as mandatory relief granted against Lambeth LBC for admitted breach of main housing duty in the first case to consider relief after Elkundi

The Administrative Court has granted mandatory relief against Lambeth LBC for admitted breach of main housing duty in the first case to consider relief after Elkundi.

The court noted that the burden was on the authority to show why a mandatory order should not be made.

Having regard to the nature of the accommodation currently occupied, the impact of the living conditions, the significant time in unsuitable accommodation, the absence of evidence as to the specific suitable accommodation which would be provided and the authority’s assurance that suitable accommodation would be provided in the event of a possession order being made in respect of the Claimant’s current accommodation, meant that authority could not satisfy the court that it was taking all reasonable steps.

It was relevant that the Claimant was willing to be housed almost anywhere in England; there was a lack of evidence re referrals under section 213 HA 1996; and the authority had the ability to access children’s services funding to meet any rent shortfall.

Hill J also found that there was force in the Claimant’s argument that the combined effect of the PSED and section 11 of the Children Act 1989 was that local authorities needed to be proactive in ensuring that they had available to them housing that would meet the needs of families with disabled children.

Zia Nabi and David Cowan were instructed by Claire Wiles of GT Stewart.

Judgment can be found here.