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Watson V The London Borough Of Wandsworth [2010] B5/2009/2427 12/10/10 (Mummery, Etherton And Sullivan LJJ)

Successful homelessness appeal in which it was held that the Recorder at first instance had wrongfully found the Council's decision under s.202 of the Housing Act 1996 that property was suitable under s.193 to be perverse on grounds of Ms Watson's fear of violence in the area of the offer and in so doing had wrongly assumed the Council's fact finding role. It was also held (Sullivan LJ, Mummery and Etherton LJJ agreeing) that the recent decision of the European Court of Human Rights in Kay v The UK (Application no. 37341/06) handed down on 21 September 2010 had no bearing on an appeal to the County Court under s.204 of the Housing Act 1996 against a decision of a local authority under s. 202.