Joshua Jackson acts in successful homelessness judicial review

Written by Joshua Jackson

R (YR) v London Borough of Lambeth:

On 8 November 2022, in R (YR) v London Borough of Lambeth [2022] EWHC 2813 (Admin), the High Court allowed a claim for judicial review brought by a homeless single mother responsible for the care of seven children against the London Borough of Lambeth’s assessment of her housing needs and its decision to provide her with interim temporary accommodation in a village in Essex, almost two hours away from her previous home, her children’s schools, and her support network in Lambeth.

Paul Bowen KC, sitting as a Deputy High Court Judge, held:

1.       Lambeth’s initial housing needs assessment and personalised housing plan were unlawful under s.189A(2) of the Housing Act 1996, read with s.11(2) of the Children Act 2004. In particular, there was a failure to assess the children’s needs and risks of educational disruption, consider whether the provision of local accommodation was reasonably practicable, apply Lambeth’s Placement Policy, and make reasonable inquiries.

2.       Lambeth failed to conduct a lawful review of the Claimant’s housing needs and the suitability of accommodation under s.189A(9) of the 1996 Act.

3.       Lambeth’s decision that the interim temporary accommodation was suitable was unlawful under ss.188, 206 and 208 of the 1996 Act, read with s.11(2) of the Children Act 2004. In particular, the decision was based on an unlawful assessment, a failure to apply its Placement Policy, and was otherwise irrational.

Joshua Jackson acted for the Claimant, instructed by Jacobo Borrero of Hansen Palomares.

The judgment can be found here.