LONDON BOROUGH OF ENFIELD v A (2025) EWCA Civ 1355 concerns OUT OF BOROUGH PLACEMENTS. The Court of Appeal holds that a failure to give NOTIFICATION under Section 208 of the Housing Act 1996 within the statutory time limit does NOT affect the suitability of accommodation offered. It is the suitability of the offered accommodation that is the subject of any review . Any appeal must challenge the lawfulness of that decision. The duty under Section 208 is a “collateral duty”. Breach does not impugn the lawfulness of a review decision or the suitability of the offered accommodation. An appeal under Section 204 is limited to grounds that go to the legality of the review decision.
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