Adrian Davis examines the recent decision in James v Hertsmere Borough Council  EWCA Civ 489, in which the Court of Appeal ruled upon the scope of the county court’s jurisdiction when hearing a statutory homelessness appeal under section 204 of the Housing Act 1996.
Adrian Davis examines the High Court’s decision in Bibi Emambee v The London Borough of Islington  EWHC 2835 (QB), in which Mr Justice Stewart dismissed Ms Emambee’s appeal against the county court judge’s refusal to extend time for bringing a homelessness appeal under section 204(2A) of the Housing Act 1996.
The claimant’s principal argument was that the policy was unlawful because the council had failed to comply with the public sector equality duty in section 149 Equality Act 2010. This case shows that if local authorities carry out (and record) comprehensive equalities assessments of their policies, it is likely to be very difficult for claimants to successfully argue a failure to comply with the public sector equality duty.
The Court of Appeal handed down its judgment in the case of Yavuz Yildiz v London Borough of Hackney on 24 July 2019, a case which examined the interaction between section 83(1) and Ground 15A of the Housing Act 1985.