R (on the application of Bano) (Appellant) v London Borough of Waltham Forest (Respondent)

Case summary

Case ID

UKSC/2025/0050

Parties

Appellant(s)

Sabhya Bano

Respondent(s)

London Borough of Waltham Forest

Issue

Whether a local authority’s duty to house homeless applicants under section 193 of the Housing Act 1996 ends by operation of law or whether the local authority is required to make a decision that the duty has ended.

Facts

On 13 December 2016, the Appellant applied to the Respondent for assistance as a homeless person under Part 7 of the Housing Act 1996 (“HA 1996”). The Respondent accepted that it owed the Appellant the “main housing duty” under section 193 HA 1996. This is a duty to provide temporary accommodation until such time as the duty is ended. The Respondent explained that this duty would come to an end if the Appellant refused a “private rented sector offer”. In May 2017, the Respondent arranged for the Appellant to be provided with temporary accommodation in Newham. On Thursday 11 June 2020, the Respondent sent the Appellant a private rented sector offer of a flat in Derby. The Respondent explained in the letter that the offer would discharge the Respondent’s main housing duty, whether the Appellant accepted or refused the offer. The Appellant refused the offer and remained in occupation of the property in Newham. On 19 August 2020, the Respondent sent a letter indicating that the Appellant would have to leave the Newham property by 31 August 2020. On 28 September 2020, the Appellant requested that the Respondent carry out a review of the suitability of the accommodation offered. In a letter dated 7 October 2020, the Respondent refused this request because it had not been made in time. In November 2022, the provider of the Newham property issued possession proceedings against the Appellant. The Appellant wrote to the Respondent seeking the Respondent’s agreement that the main housing duty had not ended, which the Respondent refused to provide. The Appellant issued a claim for judicial review of the Respondent’s refusal on 5 September 2023. The Judge ruled in the Appellant’s favour. The Respondent’s appeal to the Court of Appeal was allowed. The Appellant now appeals to the UKSC.

Date of issue

25 March 2025

Case origin

PTA

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