Rebecca Pickford -v- Sandwell Metropolitan Borough Council
Neutral Citation Number: [2024] EWHC 756 (Admin)
Case No: AC-2023-BHM-000257
In the High Court of Justice
King’s Bench Division
Administrative Court
12 April 2024
Before:
His Honour Judge Tindal
(Sitting as a Judge of the High Court)
Between:
The King on the application of
Rebecca Pickford
-v-
Sandwell Metropolitan Borough Council
Order
Hearing date 12 March 2024
Judgment handed down 12 April 2024
Before HHJ Tindal sitting as a Judge of the High Court
Upon hearing counsel for the Claimant and the Defendant
AND UPON the Defendant having notified the Claimant after conclusion of the hearing, by letter dated 4 April 2024 that it considers her to be intentionally homeless, and the Claimant having sought a review of this decision and accommodation pending review.
AND UPON the Defendant having by a letter dated 4 April 2024 agreed to accommodate the Claimant under section 190 (2) of the Housing Act 1996 until 2 May 2024 and agreeing in the course of the hearing on 12 April 2024 that the Claimant will be moved to accommodation that is not bed and breakfast accommodation on 22 April 2024.
AND UPON The Homelessness (Suitability of Accommodation) (‘England’) Order 2003 (“the 2003 order”) continuing to apply to the Claimant, as a person accepted to be owed the accommodation duty under section 190 (2) Housing Act 1996.
AND UPON the Court stating that the only reason a mandatory order requiring the Defendant to provide non bed and breakfast accommodation to the Claimant from 22 April 2024 was not being made was because of the Defendant’s concession.
1. It is declared that:
a. The Homelessness (Suitability of Accommodation) (‘England’) Order 2003 (“the 2003 order”) applies to the Claimant as a homeless applicant with family commitments within the meaning of article 2 of the 2003 order.
b. The Defendant is in breach of its statutory duty to secure suitable accommodation for the Claimant and her son C in that, having secured bed and breakfast accommodation for them within the meaning of article 2 of the 2003 order, they have remained in that accommodation for more than 6 weeks in breach of articles 3 and 4 of the 2003 order.
2. The Defendant is to pay 90% of the Claimant’s costs to be subject to detailed assessment if not agreed, within 14 days of assessment or sooner agreement.
3. The Defendant is to pay the Claimant £20,000 on account of costs by 4pm on 4 May 2024.
4 Detailed assessment of the Claimant’s publicly funded costs.
5. Permission to the Claimant to apply in the event that she and her son are not moved on 22 April 2024.