The Law Reports (Appeal Cases)
[2017] AC 624
Supreme Court
Poshteh v Kensington and Chelsea Royal London Borough Council (Secretary of State for Communities and Local Government intervening)
[2017] UKSC 36
2017 Feb 14;
May 10
May 10
Lord Neuberger of Abbotsbury PSC, Lord Clarke of Stone-cum-Ebony, Lord Reed, Lord Carnwath, Lord Hughes JJSC
Local government— Homeless person— Refusal of offer of accommodation— Assessment of reasonableness of refusal— Applicant suffering mental health problems due to imprisonment and torture before arriving in United Kingdom— Applicant refusing local housing authority’s “final offer” of accommodation on ground that features of property bearing resemblance to former prison cell and likely to exacerbate mental health problems— Statutory scheme providing for discharge of authority’s obligations where unreasonable refusal of final offer of suitable property— Applicant exercising right for review of suitability of property— Review officer finding features complained of not matching applicant’s medical advisers’ description of type of accommodation likely to exacerbate mental health problems— Review officer’s conclusion that not reasonable for applicant to refuse property— Whether applicant entitled on review to procedural protections of Convention right to fair determination of civil rights— Whether reviewing officer’s decision correct—
Housing Act 1996 (c 52), ss 193(7)(7F) (as amended by Homelessness Act 2002 (c 7), s 7)
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Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6.1