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United Kingdom

Main homelessness duty ends automatically on refusal/acceptance of private rented sector or Part 6 offer; no further decision required; remedy is s202 review, not judicial review (England and Wales)

Published on: 06 March 2025

Published by a LexisNexis Local Government expert
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R (on the application of Sabhya Bano) v Waltham Forest London Borough Council [2025] EWCA Civ 92

What are the practical implications of this case?

The principal implication is that an offer of suitable private rented sector accommodation, or suitable accommodation under HA 1996, Pt 6, constitutes adequate notification that acceptance or refusal of that accommodation likewise brings the continuing duty to secure temporary accommodation under HA 1996, s 193(2) to an end, without any requirement for the local authority to reach a further decision terminating the duty or to provide the applicant with any additional notice of such a decision. Moreover, judicial review is not the appropriate remedy; the correct route is a review under HA 1996, s 202, with a route to an appeal under HA 1996, s 204 if that review is defective. Further, the Court of Appeal identified that, where there are procedural or other deficiencies in the decision, the HA 1996, s 202 review process can address that issue. It remains unclear whether all local authorities adopt the same or a similar process to LBWF, namely not making any further decision or issuing any notice formally bringing the duty to an end under the HA...

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