Thomas Norton v London Borough of Haringey

Hearing date: 11/06/2025

Approved Judgment

This judgment was handed down remotely at 10.30am on 17/06/2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.

Introduction

Section 189A of the Housing Act 1996 provides:

“(1) If the local housing authority are satisfied that an applicant is—

(a) homeless or threatened with homelessness, and

(b) eligible for assistance,

the authority must make an assessment of the applicant's case.”

The assessment must contain, amongst other things, an assessment of the applicant's housing needs including what accommodation would be suitable for him and any other relevant persons. I refer to this as a “section 189A assessment”.

The issue on this appeal is whether a local housing authority is precluded from determining the suitability of offered accommodation if it has not prepared a lawful section 189A (1) assessment, and the further documentation required by that section. Mr Norton's case, which HHJ Saggerson rejected, is that the preparation of a lawful section 189A assessment is a condition precedent to a lawful determination of the suitability of offered accommodation. This, as Mr Johnson on Mr Norton's behalf accepted, is hard-edged question of law.

At the conclusion of Mr Johnson's submissions, we announced that the appeal would be dismissed with reasons to follow. These are my reasons for joining in that decision.

The legal framework

The 1996 Act imposes a number of duties on a local housing authority. Section 184 (1) provides:

“(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.”

Thus, the first decision that an authority must make is whether the applicant is eligible for assistance. If the answer is “no” then no further duty arises. But if the answer is “yes” the authority must go on to consider what duty (if any) is owed to him.

If the authority have reason to believe that an applicant may be homeless, eligible for assistance and in priority need, then they must secure that accommodation is available for his occupation: section 188 (1). This duty precedes the making of a section 189A assessment and enables a local housing authority to provide emergency accommodation where, for example, an applicant might otherwise be compelled to sleep rough on the street.

Whether or not an applicant has a priority need, the authority must make an assessment of the applicant's case. This is the requirement of section 189A which is central to this appeal. I need to quote more of it:

“ 189A Assessments and personalised plan

(1) If the local housing authority are satisfied that an applicant is—

(a) homeless or threatened with homelessness, and

(b) eligible for assistance,

the authority must make an assessment of the applicant's case.

(2) The authority's assessment of the applicant's case must include an assessment of—

(a) the circumstances that caused the applicant to become homeless or threatened with homelessness,

(b) the housing needs of the applicant including, in particular, what accommodation would be suitable for the applicant and any persons with whom the applicant resides or might reasonably be expected to reside (“other relevant persons”), and

(c) what support would be necessary for the applicant and any other relevant persons to be able to have and retain suitable accommodation.

(3) The authority must notify the applicant, in writing, of the assessment that the authority make.

(4) After the assessment has been made, the authority must try to agree with the applicant—

(a) any steps the applicant is to be required to take for the purposes of securing that the applicant and any other relevant persons have and are able to retain suitable accommodation, and

(b) the steps the authority are to take under this Part for those purposes.

…

(6) If the authority and the applicant cannot reach an agreement, the authority must record in writing—

(a) why they could not agree,

(b) any steps the authority consider it would be reasonable to require the applicant to take for the purposes mentioned in subsection (4)(a), and

(c) the steps the authority are to take under this Part for those purposes.

…

(9) Until such time as the authority consider that they owe the applicant no duty under any of the following sections of this Part, the authority must keep under review—

(a) their assessment of the applicant's case, and

(b) the appropriateness of any agreement reached under subsection (4) or steps recorded under subsection (6)(b) or (c).”

The matters recorded under sub-sections (4) and (6) are referred to as a personal housing plan or “PHP”.

If the authority are satisfied that an applicant is homeless and eligible for assistance, then, unless they refer the application to another housing authority, they must take reasonable steps to help the applicant to secure suitable accommodation for at least 6 months: section 189B. Section 189B (3) provides:

“In deciding what steps they are to take, the authority must have regard to their assessment of the applicant's case under section 189A.”

Section 190 deals with duties to eligible persons becoming homeless intentionally and who have a priority need. This duty only arises after the duty under section 189B (2) has come to an end: section 190 (1) (c). The duty in such a case is to secure accommodation for a period to give the applicant a reasonable opportunity to secure accommodation and to provide him with advice and assistance. Section 190 (4) provides:

“In deciding what advice and assistance is to be provided under this section, the authority must have regard to their assessment of the applicant's case under section 189A.”

Section 193 relevantly provides:

“(1) This section applies where—

(a) the local housing authority—

(i) are satisfied that an applicant is homeless and eligible for assistance, and

(ii) are not satisfied that the applicant became homeless intentionally,

(b) the authority are also satisfied that the applicant has a priority need, and

(c) the authority's duty to the applicant under section 189B(2) has come to an end.

…

(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.

…

(5) The local housing authority shall cease to be subject to the duty under this section if—

(a) the applicant, having been informed by the authority of the possible consequence of refusal or acceptance and of the right to request a review of the suitability of the accommodation, refuses an offer of accommodation which the authority are satisfied is suitable for the applicant,

(b) that offer of accommodation is not an offer of accommodation under Part 6 or a private rented sector offer, and

(c) the authority notify the applicant that they regard themselves as ceasing to be subject to the duty under this section.”

Haringey accepted that Mr Norton was owed the duty under section 193 (2). They offered him what they said was suitable accommodation. The requirement that accommodation be suitable is contained in section 206. In determining whether accommodation is suitable, the authority must comply with section 210. That section provides:

“(1) In determining for the purposes of this Part whether accommodation is suitable for a person, the local housing authority shall have regard to Parts 9 and 10 of the Housing Act 1985 (slum clearance and overcrowding) and Parts 1 to 4 of the Housing Act 2004.

(2) The Secretary of State may by order specify—

(a) circumstances in which accommodation is or is not to be regarded as suitable for a person, and

(b) matters to be taken into account or disregarded in determining whether accommodation is suitable for a person.”

In pursuance of the power in section 210 (2) the Secretary of State has made a series of orders. They are the Homelessness (Suitability of Accommodation) Order 1996, the Homelessness (Suitability of Accommodation) (England) Order 2003 and the Homelessness (Suitability of Accommodation) (England) Order 2012. Neither section 210 itself nor the Regulations contain any cross-reference to the section 189A assessment.

Section 193B enables a local housing authority to bring some of its duties to an end, where an applicant has deliberately or unreasonably refused to take any step which he was required to take under a PHP (whether agreed or imposed by the authority). Section 193B (6) relevantly provides:

“… in deciding whether a refusal by the applicant is unreasonable, the authority must have regard to the particular circumstances and needs of the applicant (whether identified in the authority's assessment of the applicant's case under section 189A or not).”

The final two words suggest that in making its decision an authority is not confined to a section 189A assessment.

The right to a review of the suitability of accommodation is contained in ...