Jurisdiction(s):
United Kingdom

Court of Appeal (England and Wales): HA 1996 s 189A personalised housing plans cannot include steps to secure Part VI social housing allocation, save limited advisory assistance

Published on: 28 May 2026

Published by a LexisNexis Local Government expert

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Article summary

R (on the application of AA) v Waltham Forest London Borough Council [2026] EWCA Civ 626

What was the background?

This appeal addressed the extent of the obligation in HA 1996, s 189A to draw up a personalised housing plan for an applicant who was homeless. AA, a refugee with acknowledged mental health vulnerabilities, sought housing assistance from the London Borough of Waltham Forest under HA 1996, Pt VII. The authority accepted that it owed the main housing duty pursuant to HA 1996, s 193(2) and provided temporary accommodation. A dispute then arose as to whether appropriate long-term housing could include private rented sector accommodation (with adjustments if needed) or whether only social housing allocated under HA 1996, Pt VI would be suitable. AA’s personalised housing plan, prepared under HA 1996, s 189A, set out steps the authority would take to locate suitable private rented accommodation and to deliver tenancy sustainment support. The assessment also advised AA to apply for social housing via the authority’s housing register and to bid for properties, but the operative steps in the plan did not include measures focused on securing allocation of HA 1996, Pt VI accommodation...

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