Amandeep Bains
Duncan Lewis’ Housing team successfully represented the appellant in quashing Welwyn Hatfield Borough Council’s (WHBC) decision to refuse a second homelessness application accompanied by a ‘new’ medical expert report.
The Court of Appeal determined that the fresh application was not based on the same facts as her previous application, thereby quashing WHBC’s decision to reject the new application. The Court also ruled that WHBC erred by considering the lack of responses to their enquiries regarding the expert medical report and confirmed it was not an abuse of process for the Claimant to rely on the report in the second application, even though it had not been submitted during her earlier appeal.
Background
The appellant made her initial application for homelessness assistance under section 183 of the Housing Act 1996 (“the Act”) in May 2020. WHBC found the appellant to be intentionally homeless. Following two reviews and subsequent appeals, the Council issued a third review decision on 27 January 2023, upholding its finding of intentional homelessness.
WHBC maintained that the Claimant was intentionally homeless due to her actions in accruing rent arrears, which ultimately led to her eviction in 2015. The Council rejected her explanation that she had experienced a mental breakdown at the time, which had left her unable to manage her affairs.
As a result of the negative review decision we lodged an appeal at the County Court at Central London under section 204 of the Act, but it was dismissed on 3 August 2023.
Then, in early September 2023, the ClaimantAppellant made a second application for homelessness assistance. On this occasion, she provided a new expert report of Dr Okon Rocha,from a consultant psychiatrist, giving evidence of the ClaimantAppellant sufferinged from severe depressive disorder and panic disorder in late 2015 and 2016, and did not have capacity to keep her tenancy during that time.
WHBC tried to carry out enquiries into the report, and refused to accept the second application because, the Review Officer said, there were no new facts which were not known about at the time of the previous decision; if there were new facts, that they were trivial; and, in any event, it did not change their previous finding.
The refusal to accept the second application was challenged through Judicial Review on 2 October 2023, where the High Court denied permission for the claim. An application for an oral reconsideration was also refused on 21 November 2023. On 27 November 2023, the decision to refuse permission was appealed to the Court of Appeal. Lord Justice Newey granted permission and retained the judicial review claim to be heard in that Court.
Outcome
The highly anticipated appeal was heard on 28 November 2024. On 17 January 2025, the Court of Appeal unanimously allowed the claim for judicial review. The Court ordered that WHBC’s decision to refuse the second application be quashed and that it be considered by them as an effective application.
Newey LJ considered that a housing authority should reject an application in the event the homelessness application appears to reveal new facts which are, to the housing authority’s knowledge, and without further investigation, not new.
Males and Phillips LJ held that the facts of the new application should be compared with the facts alleged in the previous homelessness application as at the date it was determined. However, Phillips LJ tried to unite the approaches, holding that: “despite the difference in the routes they take, Newey LJ and Males LJ appear to arrive at the same destination … a further application must be accepted if it is either (i) based on a factual assertion which has not previously been made and which is not trivial or fanciful; or (ii) adduces significant fresh evidence in support of previously made factual assertion, whether or not rejected”.
Conclusion
This judgment has significant implications for both applicants and housing authorities, particularly shedding light on what constitutes ‘new’ facts for the purposes of fresh homelessness applications. This ruling also outlines the procedural obligations that local authorities must adhere to concerning their duties. The outcome of the decision will provide further clarity and understanding for both local authorities and practitioners.
Upon receipt of any application for homelessness assistance, a Local Authority should make enquiries into whether an applicant is homeless and eligible. If the applicant is homeless and eligible then the Local Authority must accept the application and make enquiries as to what duties are owed to the applicant under the Act.
It therefore follows that if there are new facts which are not trivial or fanciful then the Local Authority must accept the new application and then make enquiries into the applicant’s circumstances.
Read the full judgment on Bailii here: https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2025/21.html&query=(duncan)+AND+(lewis)
Representation
Housing Solicitors, Amandeep Bains and Daljit Singh Shina, and Director Manjinder Kaur Atwal act for the Claimant, instructing Toby Vanhegan and Stephanie Lovegrove of 4-5 Grays Inn Square chambers.
About the Author
Amandeep Bains is a housing solicitor at Duncan Lewis. He acts for both tenants and landlords, publicly and privately funded, in a range of cases, including homelessness cases, possession proceedings, suitability reviews, housing litigation, eviction proceedings, disrepair claims, harassment issues, injunction proceedings, and judicial review applications.
Amandeep works under housing and property litigation director Manjinder Kaur Atwal, who has more than 15 years’ experience in her field. She is recommended in the Legal 500 directory and tackles a wide variety of housing and property law dispute cases including possession claims and eviction matters, landlord and tenant disputes, homelessness, housing disrepair, appeals relating to local authority housing decisions, boundary disputes, property nuisance/negligence claims and much more.
For advice or assistance on a housing matter, contact Amandeep at AmandeepB@duncanlewis.com, or by telephone at 02072752843.