Kensington and Chelsea wins homelessness dispute with Ealing

01 Jan 2018

Housing, Public Law and Judicial Review

High Court holds that 1985 case of O’Brian is no longer good law.

In a judgment delivered on 13 January 2017 HHJ Karen Walden-Smith decided that a local housing authority to whom a homeless applicant has been referred by another authority under the local connection provisions cannot rely on their previous discharge of duty to that applicant.

The local connection referral gives rise to a new duty on the notified authority.

This is so whether or not the applicant has experienced an intervening “fresh incidence of homelessness” since the notified authority discharged its earlier duty.

The case illustrates the continuing difficulties that authorities face with repeat applications and the “merry go round” of applicants applying to different authorities.

Click here to view the judgment. Matt Hutchings represented the successful claimant, Kensington & Chelsea.