Discrimination claims and s204 appeal

The Court of Appeal has ruled that there is no home for discrimination claims in section 204 appeals, write Dean Underwood and Riccardo Calzavara.

The Court of Appeal has affirmed in Adesotu v Lewisham LBC, EHRC intervening [2019] EWCA Civ 1405 that in a homelessness appeal under s.204 of the Housing Act 1996 (“HA 1996”) the County Court does not have jurisdiction to determine claims of alleged disability and/or indirect discrimination in the discharge of a local housing authority’s homelessness functions. The effect is that applicants must litigate any such allegations in a County Court claim.

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