HOMELESSNESS

June 17th, 2025 by James Goudie KC

The issue in NORTON v HARINGEY LBC (2025) EWCA Civ 746 was whether a local authority is precluded from determining the suitability of offered accommodation if it has not prepared a lawful assessment pursuant to Section 189Aof the Housing Act 1996. An assessment of suitability based on an unlawful or otherwise legally flawed assessment under section 189A is itself legally flawed, but what previous cases have not addressed is whether an authority is precluded from independently and lawfully assessing suitability in the absence of a Section 189A assessment or Personal Housing Plan. The Court of Appeal held that the authority was not precluded. The decision on suitability contained no legal flaw.

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