Jurisdiction(s):
United Kingdom

Administrative Court clarifies s 189A Housing Act 1996 assessments: assess potential household and consult on changes; flawed assessment vitiates plan; R (SK) v Royal Borough of Windsor & Maidenhead

Published on: 14 February 2024

Published by a LexisNexis Local Government expert

Legal News

Article summary

What are the practical implications of this case?

This judgment supplies key direction to local authorities when preparing housing needs assessments and personalised housing plans under HA 1996, s 189A. Lang J underlined the need to evaluate, on every assessment, not merely the first, the requirements of the applicant and of those who might reasonably be expected to live with them. An assessor may evidence this by cross-referencing earlier housing needs assessments, and may draw upon pertinent information held by other departments within the authority. If the assessment is unlawful, any housing plan derived from it will inevitably be flawed. Lang J further stressed the necessity of consulting the applicant about revisions to assessments or plans, and of notifying the applicant of any such alterations. However, the authority is not obliged to spell out in detail the method by which it will search for a suitable property.

What was the background?

The claimant, ...

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