Jurisdiction(s):
United Kingdom

Wandsworth LBC v Young: No duty to notify discharge of main housing duty; public law defences to possession of temporary accommodation confined to HA 1996 s202 review and s204 appeal

Published on: 04 November 2025

Published by a LexisNexis Local Government expert

Legal News

Article summary

The Mayor and Burgesses of the London Borough of Wandsworth v Young (by his litigation friend the Official Solicitor) [2025] EWCA Civ 1336

What are the practical implications of this case?

The court accepted that, had Mr Young’s position on notification been right, councils might have been obliged to undertake multiple HA 1996, s 202 reviews where the main housing duty ended after an offer was declined. That scenario would be plainly unwelcome and, in truth, deliver little tangible benefit to the applicant. Consequently, local authorities may continue their established approach of telling applicants who have accepted or refused accommodation offers that the main duty has been discharged and that they are entitled to a suitability review.

The court’s conclusions on public law defences are also important. Defendants often try to fend off possession proceedings for temporary accommodation by advancing judicial review‑style claims of unlawfulness or irrationality. The correct route for such complaints is the HA 1996, s 202 review (which must be sought within 21 days of the initial decision) followed, where necessary, by a s 204 appeal (which must be issued within 21 days of receiving notification of the HA 1996, s 202 decision)...

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