Publications

23 October 2025

LexisNexis case analysis: Local authority successful in Court of Appeal on suitability of accommodation offered in performance of prevention duty (Fatolahzadeh v London Borough of Barnet)

LexisNexis publishes a case analysis of Fatolahzadeh v LB Barnet, in which Genevieve Screeche-Powell acted for the local authority that successfully defended a section 204 of the Housing Act 1996 appeal brought by a homeless applicant. The case raised important points of principle about whether parliament intended an alleged breach of the ‘new’ Housing Act 1996, s 189A duties totally invalidate any subsequent decision to fulfilling its duty to secure suitable accommodation and the role of the s. 202 review process in curing alleged deficiencies.

01 October 2025

LexisNexis case analysis: Homelessness and equality—council database not indirect discrimination against women: R(Begum) v LB Tower Hamlets)

LexisNexis publishes Genevieve Screeche-Powell and Andrew Burrell's case analysis of R(Begum) v London Borough of Tower Hamlets. The case provides a clear summary of the approach to be taken in determining claims of indirect discrimination, starting with the identification of the correct PCP (provision, practice or criterion).

23 February 2024

R (AB and CD) v Westminster City Council: judicial review concerning indirect discrimination and applicants with medical support animal

Clare Cullen considers a judicial review concerning indirect discrimination and applicants who have a medical support animal. The case is a reminder to local authorities and homeless applicants that judicial review will often be refused if there is an alternative remedy.

28 November 2023

Supreme Court finds funding pressures don’t excuse local authority failure to comply with duty to accommodate homeless in R (Imam) v LB Croydon

The Supreme Court in R (Imam) v London Borough of Croydon has unanimously held that general funding pressures are not an excuse for non-compliance with a local authority's duty under s193(2) of the Housing Act 1996 to provide suitable accommodation to a homeless individual. However, the court should consider a local authority's resources and extent of its housing portfolio when deciding whether to grant a mandatory order rather than some other relief.

19 July 2023

Local authority approach to housing homeless 16–17-year-olds who reject accommodation as ‘looked after children’

The issue of how local authorities deal with homeless 16–17-year-olds who do not want to be accommodated as ‘looked after children’ under s20 of the Children Act 1989 was recently raised again in R(W) v LB Lambeth. Joshua Swirsky acted for the local authority in the case.

24 February 2022

Repeat homelessness applications: Minott v Cambridge City Council [2022] EWCA Civ 159

The decision is an important reminder for local authorities of the very limited circumstances in which they can refuse to accept a repeat homelessness application.

09 February 2022

Homelessness: affordability assessments

Clare Cullen considers the Court of Appeal case of Paley v Waltham Forest LBC concerning affordability assessments and suitability of homelessness accommodation. The case demonstrates the need for local authorities to give applicants an opportunity to have an input into an affordability assessment and to ensure that proper allowances are made for essential items of […]