Secure accommodation order meaning

In this issue: Social housing Education Planning Local government finance Public procurement Governance Healthcare Social care Licensing Environmental law and climate change LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Social housing Local authority successful in Court of Appeal on suitability of accommodation offered in performance of prevention duty (Fatolahzadeh v LB of Barnet) Fatolahzadeh v LB of Barnet saw Genevieve Screeche-Powell represent the council, which prevailed in resisting a Housing Act 1996 (HA 1996), section 204 appeal pursued by a homeless applicant. Two central issues of principle arose: (i) whether Parliament intended that an alleged non-compliance with the ‘new’ HA 1996, s 189A duties should automatically vitiate any later decision taken to meet the duty to secure suitable accommodation; and (ii) the extent to which the section 202 review procedure can rectify asserted shortcomings. This marks the first occasion on which the Court...

In this issue: Local government reorganisation Public procurement Planning Social housing Adult social care Children’s social care Education Governance Local government finance Healthcare Highways Environmental law and climate change Daily and weekly news alerts New and updated content Local government reorganisation MHCLG publishes decisions on local government reorganisation The Ministry of Housing, Communities and Local Government (MHCLG) has issued an update letter confirming that no determination has yet been reached on proposals for local government reorganisation in East Sussex and Brighton and Hove, with further assessment ongoing before arrangements are finalised. MHCLG has also released consultation findings and letters confirming implementation in devolution priority areas to create: five unitary councils in Essex, Southend-on-Sea and Thurrock, five unitary councils (option 1A) in Hampshire, Isle of Wight, Portsmouth and Southampton, and three unitary councils in each of Norfolk and Suffolk. Council...

In this issue: Social housing Education Governance Healthcare Planning Daily and weekly news alerts New and updated content Social housing Social housing Application for JR of LA’s failure to provide suitable temporary accommodation and conduct lawful needs assessment for children allowed (ZRR v Bexley LBC) In R (on the application of ZRR) v Bexley London Borough Council [2024] EWHC 2073 (Admin), the Administrative Court allowed the claimant’s application for judicial review, holding that the council breached section 190 of the Housing Act 1996 by failing to secure suitable accommodation for her, and also failed to carry out a lawful assessment of her children’s needs under section 17 of the Children Act 1989 (the assessment). The claimant sought assistance from the authority as homeless after being evicted, together with her two daughters and partner, from her previous accommodation owing to failure to pay rent. The authority treated its main housing duty as discharged pursuant to section...

Practice Note Under the Housing Act 1985 (HA 1985), a landlord seeking possession of a dwelling let on a secure tenancy must first obtain a court order. The process to recover possession differs according to the tenancy type: fixed-term periodic flexible This Note details the requirements for the Notice of Seeking Possession to be served on the tenant and the grounds for possession. For guidance on how a secure tenancy arises, see Practice Note: The tenancy condition. From 1 December 2022, tenancies and licences of dwellings in Wales are governed by the Renting Homes (Wales) Act 2016 (RH(W)A 2016), subject to certain exceptions. Secure tenancies may no longer be created and existing secure tenancies will convert automatically into occupation contracts. The terms of both existing and new tenancies must be considered in the context of RH(W)A 2016 to determine whether they are occupation contracts for the purposes of RH(W)A 2016 and, if so, what type. Tenancies and licences that are...

FORTHCOMING CHANGE The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in Wales, refer to Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note considers when an occupation contract under the Renting Homes (Wales) Act 2016 (RH(W)A 2016) constitutes a secure contract. It addresses the definition of a community landlord and assesses when a community landlord may use a standard contract (for example, an introductory standard contract or a prohibited conduct standard contract). It should be read together with Practice Note: Renting Homes (Wales) Act 2016—terms of secure contracts, which covers: variation of secure contracts, the withdrawal of a joint contract-holder, dealing with a secure contract by transferring it to other secure contract-holders or potential successors, and the termination of secure contracts. Further material on RH(W)A 2016 is available in Practice Notes: Renting Homes (Wales) Act 2016—a summary of the key provisions and Renting Homes (Wales) Act 2016—model written statements for occupation contracts....

Secure accommodation This Practice Note explains what is meant by secure accommodation and indicates which children a local authority may lawfully place there. It further considers human rights issues, placement outside the jurisdiction, unregulated provision, and the ‘mirror procedure’ employed under the High Court’s inherent jurisdiction, which has developed in response to the shortage of secure accommodation places. For practical, procedural guidance on secure accommodation orders, see Practice Note: Secure accommodation—procedure, particularly regarding: Use of secure accommodation without a court order Applying to the court The statutory criteria applied The effect of a secure accommodation order See also Practice Notes: Children, deprivation of liberty and the inherent jurisdiction; Children, consent and deprivation of liberty; Deprivation of liberty court procedure; and The deprivation of liberty safeguards. In Re JR (Deprivation of Liberty: Care Order: Principles of Care), Lieven J highlighted the Nuffield Family Justice Observatory report on the Principles of care for children with complex needs and circumstances (September 2023)...