“a. The defendant is in breach of its duty under section 193(2) to provide the claimant with suitable accommodation. b. The defendant’s refusal to place the claimant in the medical Priority Group, and/or section 6.1.2 of the policy which prevents a homeless applicant from entering the medical priority group, denies him a reasonable preference to which he is entitled by statute and is therefore unlawful as both a breach of statutory duty and/or as being unreasonable in the Wednesbury sense. c. The defendant’s failure to provide sufficient information to permit the applicant to determine whether housing accommodation appropriate to his needs is likely to be available to him and, if so, how long it is likely to be before such accommodation becomes available for allocation to him is a breach of the duty under section 166A(9)(a)(ii).”
“(1) This section applies where the local housing authority are satisfied that an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that he became homeless intentionally. (2) Unless the authority refer the application to another local housing authority (see section 198), they shall secure that accommodation is available for occupation by the applicant. (3) The authority are subject to the duty under this section until it ceases by virtue of any of the following provisions of this section …”
“A local housing authority may discharge their housing functions under this Part only in the following ways – (a) by securing that suitable accommodation provided by them is available, (b) by securing that he obtains suitable accommodation from some other person, or (c) by giving him such advice and assistance as will secure that suitable accommodation is available from some other person.”
“77. Section 193(2) defines the content of the duty. The local authority ‘shall secure that accommodation is available’ for occupation. ‘Shall’ in this context means ‘must’. ‘Secure’ in this context means that the housing authority is responsible for ensuring that accommodation ‘is available for occupation’. ‘Is available’ means that suitable accommodation is to be available from the time when the duty is owed, that is from the time when the local housing authority is satisfied that the person meets the criteria so that the duty is owed to him. The natural reading of those words, read in context, is that, once the duty is owed, the obligation on the housing authority is to ensure that accommodation is available for that person. In that sense, the duty is immediate, arising when the duty is owed. It is non-deferrable and unqualified, in that the duty is to secure that accommodation ‘is available for occupation’, not that accommodation will become available within a reasonable period of time. … 81. For those reasons, I consider that the Judge was correct to hold that section 193(2) of the 1996 Act imposed an immediate, non-deferrable and unqualified duty and to make a declaration to that effect. It is, however, important to bear in mind that that decision deals with the time when the duty arises and its nature. The duty itself is a duty to secure that accommodation is available for occupation and, by virtue of section 206, that accommodation must be suitable. The duty will continue until it comes to an end in the circumstances prescribed by section 193. Whilst the duty is owed, it is to be performed by securing that suitable accommodation is available. Suitability is, as the Judge said, a flexible concept. It will include factors such as the nature of the accommodation, the length of time that the homeless person has been in the accommodation and his and his family’s needs. The lack of alternative accommodation may also be a factor affecting what is suitable in the short or medium term as may the fact that the housing authority has limited resources available to secure accommodation. There may be other factors which are relevant either generally or in a particular case. This judgment is not intended to suggest any exhaustive list of factors capable of being relevant to the question of suitability. 82. In other words, the duty to secure that suitable accommodation is available does not mean that permanent accommodation suitable for long term occupation must be provided immediately once the duty is owed. Different accommodation may be provided at different times to ensure that the duty is being performed. There may be stages on the way to the offer of secure accommodation under Part VI, or an assured tenancy in the private sector. What is suitable may, therefore, evolve or change over time depending on all the circumstances. 83. If, however, a local authority decides that the accommodation that is currently being occupied is unsuitable, then it follows that it must provide other accommodation which is suitable. …” (Emphasis added.)
“1.1.9 The Director of Housing has discretion to give such additional preference as the Director considers appropriate to any applicant who, in the opinion of the Director, has pressing housing needs. … 2.2.5 The Council may make direct offers to ensure best use is made of its house stock for those prioritised according to their mobility category (see section 2.7 for a full definition of mobility categories). Properties for wheelchair users (identified as mobility category 1 and 2) will be excluded from Choice Based Lettings and will be the subject of direct offers to suitable applicants. 2.4. Priority Groups and Lists 2.4.1. … The purpose of the Priority Groups is to give reasonable preference to those identified within section 167 of the Act and to assist certain other groups of applicants chosen by the Council… 2.4.3. The Council allocates available properties amongst the Priority Groups in accordance with the projections contained in the annual report (subject to review) and subject to the size of accommodation required. The Council will monitor the outcome of all lettings during the year. If some Priority Groups are not getting the expected proportion of properties, the Council will seek to address any imbalance by, for example, advertising certain properties exclusively to certain Priority Groups. 2.4.4. Mobility requirements of applicants within Priority Groups are taken into account when matching properties. See section 2.7. … 2.4.7. Priority applicants will be registered on one list only (the most appropriate list according to their housing need) and will receive one set of ‘priority points’ according to that priority group (as set out in section 2.6.33). … 2.6. Points 2.6.1. Applicants are placed into a Priority Group and given points according to their priority need. Applicants requiring family sized accommodation will receive points as set out in section 2.6.33 (table 1) … 2.6.2. Applicants will be prioritised according to their points and, if equal, their eligible date unless the scheme provides otherwise.”
“Renewal Tenants”, “Under-occupation”, “Pressing Housing Need”, “Medical (people who need to move on medical or welfare grounds including grounds relating to disability)”, “Overcrowding” and “Homeless”
“2.7. Mobility Criteria 2.7.1. All applicants (including household members) eligible to participate in Choice Based Lettings will be assessed to see what type of property matches their mobility and access requirements. All applicants and all properties will be given a Mobility Category. … 2.7.3. Mobility Category Applicants … Category 1 Applicants who have been assessed by a NHS doctor as having a diagnosis which requires them permanently to use a wheelchair all the time Category 2 Applicants who have been assessed by a NHS doctor as having a diagnosis which requires them permanently to need a home which is wheelchair accessible but may not need to use it inside the home Category 3 Applicants with severe mobility problems who require a ground floor or lifted property with level access and no internal stairs Category 4 All other applicants 2.7.4. Property Mobility Category Category 1 Property is fully wheelchair accessible Category 2 Property is suitable for a person who needs a wheelchair outside the home but can manage in the home without a wheelchair Category 3 Property with no more than 3 steps to access property and no internal stairs. May be lifted. Category 4 All other properties. 2.7.5. Property Mobility Category 1 and 2 properties will not be advertised. They will only be offered to Mobility Category 1 and 2 applicants. … 2.7.7. Property Mobility Category 3 and 4 properties will be advertised. The property advertisement will identify which priority group may bid. 2.7.8. It is likely that Property Mobility Category 3 properties will be unsuitable for Mobility Category 1 and 2 applicants and that section 2.2.14 will apply. Subject to that, those in Mobility Category 1 will have priority over those in Mobility Category 2 and they will have priority over those in Mobility Category 3 who will have priority over those in Mobility Category 4. 2.7.9. When persons within the same Mobility Category bid for an advertised Mobility Category property, priority will depend upon who has the most points and, if equal, whose application is the earliest in time.”
“6. Medical Priority 6.1. People who need to move on Medical, Disability, Welfare or Hardship grounds 6.1.1.The Housing Act 1996 Section 166A as amended requires the housing authority to give reasonable preference to people who need to move on medical or welfare grounds (including grounds relating to a disability) and to people who need to move to a particular locality in the district where failure to meet that need would cause hardship (to themselves or to others). 6.1.2. Accepted homeless households living in temporary accommodation will not be eligible for this priority. It is the Council’s statutory duty to ensure that suitable temporary accommodation is provided. See also section 8.1.13.
“Homeless applicants living in temporary accommodation will not be eligible for this priority. It is the Council’s statutory duty to ensure suitable temporary accommodation is provided, therefore should it arise that a household has an HHSRS [Housing Health and Safety Rating System] risk rating over 5000 or is statutorily overcrowded, they will be prioritised for a move within the temporary accommodation stock.”
“8. Homeless 8.1. Households to whom Westminster City Council has accepted a statutory duty under theHousing Act 1996 as amended 8.1.1. Households accepted as homeless will be given points as set out in section 2.6.33. … 8.1.13. Homeless applicants with medical grounds for a move will be assessed to see whether they fall into a mobility category as set out in section 2.7. 8.1.14. All homeless households will be registered for the correct size property they are entitled to in line with the Council’s bedroom standard (see section 12). For those requiring a larger property on medical grounds, the Council’s Medical Advisor will provide advice on whether the person’s medical condition means they are unable to share a bedroom, or in the case of a single applicant, whether they would benefit from having a separate bedroom. This advice will be considered by the appropriate Service Manager when deciding if there are sufficient medical reasons to register the household for a larger property. See 8.1.15 if an additional room is required for a carer.
“Information and Reviews 14.1. Requesting Information and Reviews 14.1.1. An applicant has the right to request; a) Such general information as will enable him to assess how his application is likely to be treated under the scheme (including in particular whether he is likely to be regarded as a member of a group of people who are to be given preference by virtue of subsection 166A (3) of the Housing Act 1996 ); and b) Such general information as will enable him to assess whether housing accommodation appropriate to his needs is likely to be made available to him, and if so, how long it is likely to be before such accommodation becomes available for allocation to him; c) The Council to inform him of any decision about the facts of his case which is likely to be, or has been, taken into account in considering whether to allocate accommodation to him; … 14.1.4. The Council will provide information to applicants on request as to which, if any, Priority Group they are in under Choice Based Lettings; and their points and position in that group; and the estimated number of properties of the size required by the applicant expected to become available for letting during the financial year.” (Emphasis added.)
“1.1. Social housing lettings 2022/23 In line with the Housing Allocations Scheme, the annual Supply and Allocation of Social Housing Report estimates the proportion of social lettings to be made to each of the priority groups on the council’s waiting list, based on available supply (known as projections). The recommended projections for 2022/23 are summarised below and detailed in Appendix B. They take into account competing demands for social housing and the council’s statutory duties and strategic priorities and the overall the aim is to achieve a balanced approach to lettings. A similar number of lettings to last year is proposed in advance of a full review of the Allocation Policy.” (Emphasis added.)
“The amber category includes lease ends and those whose accommodation has been accepted as unsuitable whether on review or agreed by officers. The Claimant currently falls within the amber category.”
“The client is suffering from severe and debilitating conditions that cause him chronic pain issues, restricted mobility, and requiring support with his activities of daily living. I recommend a mobility category 3. In regards to requiring his own room, I cannot see any evidence that he requires extra space for his medical needs, therefore I would not support the allocation of an extra room.”
“● Due to his mobility difficulties and use of a walking frame Mr Jaberi needs to live in level access accommodation. He is unsafe navigating stairs. • Mr Jaberi and family need an additional bedroom (3 bedrooms in total) due to the disturbance of his sleep and the impact on Ms Salehi. • … Mr Jaberi needs a level access shower/wet room … • The doors of smaller rooms (e.g. toilet and bathroom) need to be able to open outwards … • Smaller rooms need to be of a sufficient size to avoid the risk of entrapment • The bathroom needs to be sufficient size to allow a second person as Mr Jaberi regularly needs support with personal care and again to allow for the doors to be closed to allow privacy whilst toileting/bathing • If Mr Jaberi is reliant on a lift for access, it needs to be of sufficient size to allow stretcher access plus 2 people. • If Mr Jaberi is reliant on lift access, there needs to be at least two reliable lifts in case of the breakdown of one. • If Mr Jaberi is living above ground floor level, he needs to have a PEEP [Personal Emergency Evacuation Plan] in place with all appropriate equipment provided. • Hazards such as low walls, balconies which present a falling risk must be avoided or made safe.”
“Level or lift access to property door – step-free property with a level interior. Level access shower facilities with outwardly opening door. Outwardly opening door to WC if separate from bathroom and raised-height WC pan. 2 lifts are not essential if the property is located up to the second floor however if the property is above the second floor two lifts would be ideal as the manual handling risk to all, including hospital transport staff become greater the higher the level if a single lift is out of action and Mr Jaberi required assistance with stair mobility. Mr Jaberi’s current lift is 1350mm x 1100mm with an 800mm door-opening and has sufficient space for assistance of 2 hospital staff using an evacuation chair. Following his last visit to A&E, this was the method used. Mr Jaberi is unlikely to be evacuated during a seizure therefore an Emergency Evacuation Plan is not essential as his family are experienced with his needs and paramedics have had specific training.”
“This is a 3-bedroom property, on the eighteenth floor, with two lifts and it is suitable for up to 5 people. There is level access into the block and to access the property (via the lifts) and there are no internal steps inside the flat. … With regards to your assessed needs, I note that you suffer from epilepsy, a bad back and anxiety and that you use a walking frame and stick due to your back and previous falls. The City Council has previously arranged for an Occupation Therapist (Able2 who are contracted to provide such services on behalf of the City Council) to assess your rehousing requirements. This specified that you required a level access shower and doors opening outwards to the bathroom and toilet. Your own Occupation Therapist (OT) also specified that you required a lift large enough to accommodate a stretcher and two-man ambulance crew as, due to your epilepsy, you have on occasion required evacuation to hospital when unconscious. However, the City Council’s assessment noted that it would be unlikely that you would be evacuated during a seizure and that the more likely scenario is that any transportation to hospital would take place afterwards by using a specialist chair. In light of the Occupational Therapist’s recommendations, we arranged for Able2 to carry out an inspection of the property offered, [the] Braithwaite Tower [flat], to assess its suitability prior to offer. They have advised that the property with the recommended adaptations, is suitable for your assessed needs and that it should be feasible to install a level access shower, sliding doors to the bathroom and toilet and grab rails in the toilet can be fitted if required. …”
“[Bathroom:] Client requires a level access shower facility due to risks associated with epilepsy. It appears feasible to remove bath & create a level access / low level shower area approx. 760 x 1400 mm which would accommodate a fixed wall mounted folding shower seat with back & arms & grab rails on wall. … The door needs to be changed from inward opening to minimise risks. Outward opening into hallway not recommended, however it appears feasible to replace door with a sliding door installed to the left of the bathroom. Removal of door frames would maximise clear width into bathroom. [WC:] The door needs to be changed from inward opening to minimise risks. Outward opening onto hallway not recommended, however it appears feasible to replace door with a sliding door installed to the right of the WC. This would block access to the in-built storage cupboard when open, however part of the cupboard can be accessed from the kitchen. Removal of door frames would maximise clear door width into WC. Grab rails can be fitted on wall by WC if required.”
“Previous OT report reported that client advised he has required evacuation to hospital at times when unconscious & therefore needs a lift to be large enough to accommodate a stretcher & 2-man ambulance crew to enable him to lie prone to keep his airway open. OT has contacted LAS [London Ambulance Service] for advice on how they evacuate unconscious patients from upper floor properties where the lifts are too small to accommodate a full-length stretcher as this must be a not uncommon scenario that they manage. LAS response will be forwarded when available. OT considers this property is suitable pending confirmation that proposed adaptations are feasible & that issue of evacuation can be addressed by LAS.”
“My client wishes to accept the offer of temporary accommodation at [the] Braithwaite Tower [flat]. However, my client’s acceptance is conditional on the following: – The authority agreeing that Mr Jaberi is not required to move into the property until the adaptations to the bathroom and toilet have been completed and he is not liable for rent until the works are complete and the property is ready for him to move into. – The lift maintenance records demonstrate that the lifts are mostly in working order and that defects are remedied within a reasonable period of time. – There is a satisfactory fire risk safety assessment and evacuation plan in the event of a fire. My client wishes to request a review of the suitability of the offer of accommodation at [the] Braithwaite Tower [flat]. Please treat this email as a request for a suitability review undersection 202 of the Housing Act 1996 .”
“The claimant has requested the relevant information under section 166A(9) to enable him to understand how long it is likely to be before accommodation is allocated to him. That has a particular significance when he is choosing between whether to be in the medical priority group or the homeless priority group. He has not been provided with that information and it is not publicly available. The defendant is accordingly in breach of the duty under section 166A(9)(a)(ii).”
“Even if our client has been assessed for medical priority and awarded 200 points he has no way of knowing which priority group (homeless or medical) is preferable as he has not been given information pursuant to section 166A(9)(ii) [sic] which will enable him to understand whether housing accommodation appropriate to his needs is likely to be made available to him and, if so, how long it is likely to be before such accommodation becomes available. It does not appear to us that this information is available on the authority’s home connections website. Of course, the authority are required to provide information to enable our client to assess whether housing appropriate to his needs is likely to be made available to him and if so how long it is likely to be before such accommodation becomes available pursuant to the section 166A(9)(a)(ii) duty. There is some information available on the outcomes of previous bidding cycles however the information is insufficient. For example, we cannot tell from the published information which priority group each successful applicant had been allocated to, we can only see the number of points they had. This is important information given that allocation to exclusive priority groups is a key determinant in the prospects of success of an applicant. We need to know how many properties have been allocated to each group, how many properties within each group have been let and how many properties are going to be allocated.” (Emphasis added.)
“This is a short point not capable of much elaboration. In my judgment, information as to when and for how long the 300 points are available is not a mere matter of detail. It is central to the operation of this part of the scheme. I consider that it is an important ‘aspect of the allocation process’ which s.167(1) [the predecessor to s.166A(1)] required to be included in the scheme, and that, because it was not so included, to that limited extent the scheme is invalid.” (Emphasis added.)
“When your client was added to the register he will have received a letter confirming which priority group he was registered in and giving the information required under s166A(9)(a)(ii) and Mr Jaberi is able to obtain updates on the Home Connections site. The allocation scheme gives reasonable preference to the groups specified in the Act and applicants are placed into the appropriate priority group with the associated point allocation. The scheme provides: ‘2.4.7. Priority applicants will be registered on one list only (the most appropriate list according to their housing need) and will receive one set of ‘priority points’ according to that priority group (as set out in section 2.6.33).’ The scheme does not provide for additional points for composite need and this is in accordance with established case law: Ahmad v Newham, 2009. The Council’s allocation scheme is lawful and properly applied. Mr Jaberi’s particular needs are recognised in the operation of the allocation scheme by virtue of his registration for a mobility category 3 property. Of allocation of 3-bed properties in 2020/2021 31 of 77 lettings were to this mobility category group ie 40% of lettings in this category.”
“He is currently number 306 on the three bedroom list in the homeless priority group (including all mobility categories). The quotas for each priority group are still being finalised but, on the basis of lettings during the 2021/22 financial year, it is expected that there will be around 29 three bedroom properties made available to the homeless priority group during the 2022/23 financial year. The Claimant is currently number 50 on the three bedroom list in the homeless priority group for those with mobility category 3. The Defendant is unable to predict how many of the 29 three bedroom properties which it is anticipated will be made available to the homeless priority group will be in mobility category 3.” (Emphasis added.)
“On the Defendant’s main housing register (Part 6Housing Act 1996 ) there are 1281 (includes all priority groups) households waiting for an allocation of a 3-bedroom property. The longest waiting time in this category is currently 27 years, having been accepted onto the register as at20th February 1995 . The Claimant was accepted onto the housing register as at7th June 2018 and is currently at position 305 in the homeless priority group, for an allocation of a 3-bed property. Taking into account all priority applicants approved for a three bedroom property he is in position 543. Each year the Council sets out how many lettings we will aim to achieve to all priority need groups across all bed sizes, known as ‘Projections’. The Projections are set out in the annual Supply & Allocation Report which is published on the council’s website. We would expect lettings to be in line with previous years projections, at 40% of available three beds for homeless households. … Between1st April 2021 to30th March 2022 , 82 three bedroom properties were available for letting. Of which 3 (4% of overall lets) were let to households registered on the Category A Medical Priority waiting list, compared to 41 (50% overall lets) let to homeless waiting list.”
“It is not straightforward to say how the Claimant would be treated if he were placed in the medical priority group as the allocation scheme does not make provision for applicants accommodated pursuant to section 193 who are accorded medical priority. However, if the Claimant were placed in the medical priority group, he would be likely to be on the waiting list for those who are not existing tenants of Part 6 accommodation with 250 points (including 50 employment points). He would be number 12 on the three bedroom waiting list. Although the quotas are still being finalised, it is expected that there will be 3 three bedroom properties made available to that list during the 2022/23 financial year. The Defendant is unable to predict how many of those properties will be in mobility category 3 … The result of the above is that the Claimant could be waiting around 4 years before obtaining accommodation if placed in the medical priority group. It is highly unlikely that he will not have been transferred to alternative temporary accommodation before then.” (Emphasis added.)