Administrative Court Clarifies Scope of Interim Duty to Secure Accommodation

R (Brooks) v London Borough of Islington [2015] EWHC 2657 (Admin)

In this important case concerning the scope of the interim duty to secure accommodation pending homelessness inquiries under section 188 of the Housing Act 1996, the Administrative Court held that, although the interim duty continues to exist until the housing authority notifies the applicant of their substantive decision, the authority would have performed their duty if they had secured the offer of suitable accommodation intended to be available until such notification, subject to any material change of circumstances which meant that the offer was no longer suitable.  Where the applicant refuses the offer, the authority could not be required to take further steps to provide alternative accommodation, unless there was such a change of circumstances.

Ms Brooks was represented by Anna Watterson, instructed by Sally Goldman of Miramar Legal.

Read the judgment here.