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On appeal from: [2008] EWCA Civ 1228; [2008] EWCA Civ 378. Concerned the duties of local housing authorities towards homeless people under the Housing Act 1996, Pt VII.

In Ali the question was whether it was a lawful discharge of an authority’s duty under s 193(2) of the 1996 Act to leave a family in accommodation that required them to be treated as “homeless” under s 175(3) thereof, because it was not reasonable to expect them to occupy it. Moran discussed how the provisions of Pt VII were applied to a woman fleeing domestic violence. Allowing the appeals, it was held in Ali that it was lawful for the Council to decide that a family was homeless because it was not reasonable for them to remain in their present accommodation, and to accommodate them there for as long as it was suitable as short term accommodation; but it was not lawful for them to leave such families until a house became available under the Council’s allocation scheme. In the Manchester case the finding that the appellant had become homeless from the refuge intentionally was quashed. A woman who lost a place at a refuge, even because of her own conduct, did not become homeless intentionally because it would not have been reasonable for her to continue to occupy the refuge indefinitely.  

For judgment, please download: [2009] UKHL 36
On appeal from: [2008] EWCA Civ 1228 ; [2008] EWCA Civ 378

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