Court of Appeal Hears Case on Definition of ‘Stepchild’ in Housing Succession Policy
Public Law and Judicial Review, Housing, Local Government
Sarah Salmon and Olivia Davies appeared in the Court of Appeal yesterday on behalf of the London Borough of Islington.
The case concerned the meaning of “stepchild” within the London Borough of Islington’s succession policy by reference to section 113 of the Housing Act 1985.
Islington were successful at first instance before Her Honour Judge Bloom.
The appellant lived with the deceased tenant at the time of his death and her case was that whilst the tenant was not married to her mother, he treated her as if she was his stepchild. As such, she should have qualified to succeed under the authority’s discretionary policy (the tenancy was granted after April 2012).
The appellant’s grounds of appeal included arguments that the judge erred in finding that the term “stepchild” is limited to relationships where the parental couple were married or in a civil partnership. It was argued that:
- the judge failed to adopt the inclusive approach in Fitzpatrick v Sterling Housing Association Ltd;
- the appellant’s relationship with the deceased had all the hallmarks of a familial bond, and that “modern family” should not be confined to legal or blood relationships;
- the judge erred in treating “stepchild” as a closed category under section 113. The interpretation sought by the Appellant was within the scope of section 113 and policy, not an extension of it;
- the judge was wrong to find the policy did not discriminate against the appellant under article 14 (read with article 8) of Convention Rights; and,
- section 3 of the Human Rights Act 1998 was not properly applied, and a compatible interpretation of s.113 should have included partners outside marriage or civil partnership.
At the hearing, the appellant contended that “stepchild” needed to be interpreted to as to include the children of those who were living together with the tenant as if their spouse or civil partner at the time of the tenant’s death i.e. by reference to s.86A, Housing Act 1985.
Judgment was reserved.
