R (on the application of Martina McDonagh) v Enfield London Borough Council (2018)

24 May 2018

Housing, Public Law and Judicial Review

Although a local housing authority had acted in breach of its statutory duty under the Housing Act 1996 s.188 by failing to secure accommodation for a mother where it had good reason to believe that she might be homeless for the purposes of s.175(3), the mother was not entitled to damages under ECHR art.8 in respect of that breach, because in all the circumstances the local authority had not acted incompatibly with her art.8 rights.

Andy acted for Enfield Council.