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Do the homelessness provisions in the Housing Act 1996 create a ‘civil right’?

The Supreme Court has recently revisited this issue, in the case of a homeless woman who refused a ‘final offer’ of permanent accommodation from Royal Borough of Kensington on the grounds that it reminded her of her prison in Iran and that this would exacerbate her PTSD.

She went to Court to challenge the subsequent Council review which ruled that her grounds were insufficient to justify her refusal, thereby ending their duty to house her.

The Court reconsidered previous cases, Ali v United Kingdom (2015) 63 EHRR 20, and Ali v Birmingham City Council [2010] 2 AC 39, as well as whether ECHR Article 6 should apply. The resulting judgment, in favour of the Council, upholds previous judgments.

If you would like more details about the case and the issues around it, see Barrister David Sawtell’s article on the Lamb Chambers website.



 
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