Supreme Court refuses permission to appeal in Hodge v Folkestone BC

11 Mar 2024


The Supreme Court has refused an application for permission to appeal in Hodge v Folkestone BC [2023] EWCA Civ 896.

In that decision, handed down in July 2023, the Court of Appeal confirmed that supported ‘move on’ housing is capable of meeting the definition of ‘accommodation’ under Part VII of the Housing Act 1996 (‘HA 96’) and can therefore be used by local housing authorities to discharge their homelessness functions.

The judgment arose from an appeal under s.204 HA 96 challenging an intentional homelessness decision, but is of wider application to a range of duties under Part VII.

Cornerstone’s summary of the Court of Appeal’s decision is available here.

In refusing permission to appeal, the Appeal Panel of the Supreme Court (Lord Hodge, Lord Leggatt and Lord Richards) accepted the Council’s submissions that that the application did not raise an arguable point of law.

Matt Hutchings KC and Tara O’Leary successfully represented the local authority, instructed by Alastair de Lacey of Folkestone and Hythe DC Legal Services.