Edward Ajilore v Mayor and Burgesses of the London Borough of Hackney
| Jurisdiction | England & Wales |
| Judge | Lady Justice Gloster,Lord Justice Underhill,Lord Justice Floyd |
| Judgment Date | 08 October 2014 |
| Neutral Citation | [2014] EWCA Civ 1273 |
| Docket Number | Case No: B5/2013/2486 |
| Court | Court of Appeal (Civil Division) |
| Date | 08 October 2014 |
[2014] EWCA Civ 1273
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM
CLERKENWELL AND SHOREDITCH COUNTY COURT
HHJ Mitchell
Royal Courts of Justice
Strand, London, WC2A 2LL
Lady Justice Gloster
Lord Justice Underhill
and
Lord Justice Floyd
Case No: B5/2013/2486
Dominic Preston (instructed by Hackney Community Law Centre) for the Appellant
Terry Gallivan (instructed by London Borough of Hackney) for the Respondent
Hearing dates: 12 th & 13 th June 2014
Background
This is an appeal by Edward Ajilore ("the appellant") against the order of His Honour Judge Mitchell sitting in the Clerkenwell and Shoreditch County Court dated 22 July 2013. The court below dismissed the appellant's appeal against the review decision dated 28 December 2012 ("the review decision") of the respondent local housing authority, the London Borough of Hackney ("the local authority"). Permission to appeal was given by Arden LJ on 21 December 2013.
The central issue on the appeal is whether the judge erred in upholding the reviewing officer's decision that the appellant was not vulnerable, and therefore that he was not in priority need for housing under the provisions of the Housing Act 1996 ("the 1996 Act").
The appellant experienced a troubled childhood and youth. He became involved in gang culture and crime and he became addicted to Class A drugs. According to a report from the appellant's general practitioner ("the GP"), there was considerable emotional distress within his childhood family home.
In 2010 the appellant served 18 months of a 27-month prison sentence for possession of Class A drugs, and he was released in 2011.
Subsequently, the appellant's mother obtained an injunction excluding him from her home after he was allegedly violent towards her.
On 4 April 2012, the appellant presented to the local authority as homeless and applied for re-housing under Part VII of the 1996 Act. At that date, the appellant stated that he was staying in a drugs den.
Part VII of the 1996 Act
For present purposes, the material provisions of the 1996 Act are sections 184, 189, 193 and 202 — 204. They provide, so far as relevant, as follows:
" Section 184 – Inquiry into cases of homelessness or threatened homelessness
(1) If the local housing authority have reason to believe that an applicant may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves—
(a) whether he is eligible for assistance, and
(b) if so, whether any duty, and if so what duty, is owed to him under the following provisions of this Part.
(2) They may also make inquiries whether he has a local connection with the district of another local housing authority in England, Wales or Scotland.
(3) On completing their inquiries the authority shall notify the applicant of their decision and, so far as any issue is decided against his interests, inform him of the reasons for their decision.
(4) If the authority have notified or intend to notify another local housing authority under section 198 (referral of cases), they shall at the same time notify the applicant of that decision and inform him of the reasons for it.
(5) A notice under subsection ( 3) or (4) shall also inform the applicant of his right to request a review of the decision and of the time within which such a request must be made (see section 202).
(6) Notice required to be given to a person under this section shall be given in writing and, if not received by him, shall be treated as having been given to him if it is made available at the authority's office for a reasonable period for collection by him or on his behalf.
Section 189 – Priority need for accommodation
(1) The following have a priority need for accommodation—
(a) a pregnant woman or a person with whom she resides or might reasonably be expected to reside;
(b) a person with whom dependent children reside or might reasonably be expected to reside;
(c) a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;
(d) a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.
(2) The Secretary of State may by order—
(a) specify further descriptions of persons as having a priority need for accommodation, and
(b) amend or repeal any part of subsection (1).
(3) ………..
(4) …………
Section 193 — Duty to persons with priority need who are not homeless intentionally
(1) This section applies where the local housing authority are satisfied that an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that he became homeless intentionally.
This section has effect subject to section 197 (duty where other suitable accommodation available).
(2) Unless the authority refer the application to another local housing authority (see section 198), they shall secure that accommodation is available for occupation by the applicant.
(3) The authority are subject to the duty under this section until it ceases by virtue of any of the following provisions of this section.
(3A) The authority shall, on becoming subject to the duty under this section, give the applicant a copy of the statement included in their allocation scheme by virtue of section 167(1A) (policy on offering choice to people allocated housing accommodation under Part 6).
(5) The local housing authority shall cease to be subject to the duty under this section if the applicant, having been informed by the authority of the possible consequence of refusal and of his right to request a review of the suitability of the accommodation, refuses an offer of accommodation which the authority are satisfied is suitable for him and the authority notify him that they regard themselves as having discharged their duty under this section.
(6) The local housing authority shall cease to be subject to the duty under this section if the applicant—
(a) ceases to be eligible for assistance,
(b) becomes homeless intentionally from the accommodation made available for his occupation,
(c) accepts an offer of accommodation under Part VI (allocation of housing), or
(cc) accepts an offer of an assured tenancy (other than an assured shorthold tenancy) from a private landlord,
(d) otherwise voluntarily ceases to occupy as his only or principal home the accommodation made available for his occupation.
…………..
(9) A person who ceases to be owed the duty under this section may make a fresh application to the authority for accommodation or assistance in obtaining accommodation.
Section 202 — Right to request review of decision.
(1) An applicant has the right to request a review of—
(a) any decision of a local housing authority as to his eligibility for assistance,
(b) any decision of a local housing authority as to what duty (if any) is owed to him under sections 190 to 193 and 195 and 196 (duties to persons found to be homeless or threatened with homelessness),
………
(2) There is no right to request a review of the decision reached on an earlier review.
(3) A request for review must be made before the end of the period of 21 days beginning with the day on which he is notified of the authority's decision or such longer period as the authority may in writing allow.
(4) On a request being duly made to them, the authority or authorities concerned shall review their decision.
Section 203 — Procedure on a review.
(1) The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under section 202.
Nothing in the following provisions affects the generality of this power.
(2) Provision may be made by regulations—
(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and
(b) as to the circumstances in which the applicant is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.
(3) The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision on the review.
(4) If the decision is—
(a) to confirm the original decision on any issue against the interests of the applicant, or
(b) to confirm a previous decision—
(i) to notify another authority under section 198 (referral of cases), or
(ii) that the conditions are met for the referral of his case,
they shall also notify him of the reasons for the decision.
(5) In any case they shall inform the applicant of his right to appeal to a county court on a point of law, and of the period within which such an appeal must be made (see section 204).
(6) Notice of the decision shall not be treated as given unless and until subsection (5), and where applicable subsection (4), is complied with.
(7) Provision may be made by regulations as to the period within which the review must be carried out and notice given of the decision.
(8) Notice required to be given to a person under this section shall be given in writing and, if not received by him, shall be treated as having been given if it is made available at the authority's office for a reasonable period for collection by him or on his behalf.
Section 204 — Right of appeal to county court on point of law.
(1) If an applicant who has requested a review under section 202—
(a) is dissatisfied with the decision on the review, or
(b) is not notified of the decision on the review within the time prescribed under section...
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Hotak v Southwark London Borough Council; Kanu v Southwark London Borough Council; Johnson v Solihull Metropolitan Borough Council
...whatever the correct test of vulnerability under section 189(1)(c) may be. The point was very well put by Underhill LJ in Ajilore v Hackney London Borough Council [2014] EWCA Civ 1273, para 58, where he was discussing statistical evidence relied on in a section 202 review in relation to an......