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On appeal from: [2015] EWCA Civ 711

This appeal considered the scope of enquiries required of a local authority when making decisions in homelessness cases to which the Equality Act 2010, s 149 applies, and the standard of review to be applied by courts when reviewing decisions of the local authority in such cases. The Supreme Court unanimously dismissed the appeal, holding that the reviewing officer had written a conscientious decision-letter attempting to cover every conceivable issue raised in the case. As such, it was reasonable for the appellant to accept accommodation offered despite this reminding her of prison in Iran. The Court held that it was entitled to follow its own reasoning in Ali v Birmingham City Council [2010] 2 AC 39 despite the ECtHR’s ruling in Ali v United Kingdom (2016) 63 EHRR 20. Thus it held that the duties imposed on housing authorities under the Housing Act 1996, Part VII do not give rise to “civil” rights or obligations and so ECHR, art 6 does not apply to it.

For judgment, please download: [2017] UKSC 36
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing, please visit: Supreme Court Website (14 Feb 2017 morning session) (14 Feb 2017 afternoon session)