JXW -v- London Borough of Hillingdon (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-000711

In the High Court of Justice
King’s Bench Division
Administrative Court

13 March 2024

Before:

Her Honour Judge Karen Walden-Smith sitting as a Judge of the High Court

Between:

JXW

-v-

London Borough of Hillingdon

Order

On an application by the Claimant for disclosure and an expedited hearing
Following consideration of the documents lodged by the Claimant
ORDER by Her Honour Judge Karen Walden-Smith sitting as a Judge of the High Court

  1. That the Claimant shall be known by the letters JXW and shall be referred to as the same in any order or judgment.
  2. That the Defendant is to provide disclosure of the housing file to the Claimant’s solicitors within 14 days of deemed service of this order.
  3. That the application for permission and, if successful, the full hearing of the application for judicial review of the Defendant be listed after 21 days of deemed service of this order and before 10 April 2024.

Reasons

1. The Claimant requires anonymity as he arrived from Tanzania and sought asylum in the UK submitting that he had been arrested and tortured in Tanzania. He suffers from both physical and mental health conditions including PTSD and depression.

2. The Defendant accepted the housing obligation pursuant to section 193(2) of the HA 1996 and provided him with a studio flat which the Defendant accepted on 8 September 2023, after the provision of representations and medical evidence on behalf of the Claimant, was unsuitable for the Claimant given the size.

3. The Claimant was shown a property from the outside in Northwood on or about 10 October 2023 which does not appear to have been put forward by the Defendant as no formal offer has been made; and the Claimant was further shown a property in Ruislip on or about 5 December 2023 which did not appear to be suitable for the Claimant but, again, no formal offer has been made. There has been no further contact from the Defendant or the social housing provider Southern Housing.

4. The Claimant’s challenges the Defendant having breached their statutory duty having failed to provide suitable accommodation pursuant to its (immediate, non-deferable and unqualified) duty under section 193(2) of the HA 1996 (ground 1) and that as a consequence the Defendant is in breach of the Claimant’s Article 8 and Article 14 rights (ground 2). The Claimant contends that the Defendant has acted unlawfully and is in breach of the statutory duty pursuant to the HA 1996 (ground 3).

5. The Defendant has failed to provide an acknowledgement of service or be engaged in this matter and an expedited hearing of the application for permission and, if permission is granted, the substantive hearing to be listed before 10 April 2024 is appropriate.