Last week, Olivia Beach was successful in an oral hearing at the High Court in securing interim relief and permission to apply for judicial review for a homeless client with complex mental and physical health needs. 

Mr D had been assessed as priority need by the local authority and provided with temporary accommodation under Section 188 of the Housing Act 1996. However, due to Mr D’s long history of complex mental and physical health needs, as well as a significant recent deterioration in his mental health, it was argued the current accommodation was no longer suitable.

It was submitted that the temporary accommodation must be suitable, and the local authority were under an ongoing duty to review suitability of the accommodation. In the instant case, it was submitted that serious concerns raised by the Claimant’s support worker, GP and his father were not considered by the local authority or taken into consideration when deciding if the accommodation remained suitable for Mr D. It was argued that as a result of to the location of the accommodation, the risk of harm posed to the Claimant from other residents at the shared accommodation, the accommodation not being suitably equipped for the Claimant who suffers from epilepsy, and the chaotic nature of shared accommodation which had been triggering for the Claimant’s mental health, it was irrational for the Defendant to consider the accommodation suitable for the Claimant and to continue accommodating him there.

Olivia successfully argued that the Claimant had a strong prima facie case, and as such, interim relief was granted, requiring the local authority to find the Claimant alternative suitable temporary accommodation within 24 hours and permission to apply for judicial review was also granted. Olivia was instructed by Hannah Bellow at Lawstop.