R v Milton Keynes CC (Ex Parte Hanson)

01 Jan 2018


Ms Hanson was offered permanent Part 7 Housing Act accommodation, following the recent case of Pryce v Southwark LBC. However the council refused to award her housing benefit in reliance upon the Habitual Residence Regulations 2012.

Bryan McGuire QC and Shomik represented Ms Hanson in judicially reviewing the Council’s decision. They argued that:

(a)      the Regulations were unlawful as they violated direct EU treaty rights;

(b)     the Council’s reliance on the Regulations to defeat or interfere with direct treaty rights was irrational or unlawful;

(c)      the council had failed to provide suitable accommodation under Part VII as the same was unaffordable; and

(d)     the failure to provide for discharge of H’s rent from other sources, whether under the Children Act 1989 or Localism Act 2011 or otherwise, was irrational or unlawful.