Poshteh v Kensington and Chelsea Royal London Borough Council

Subject Matter

LOCAL GOVERNMENT — Homeless person — Suitability of accommodation — Applicant refusing to accept local housing authority’s offer of suitable accommodation — Local housing authority on review finding reasonable for applicant to accept — Whether reviewing officer correct

[2015] EWCA Civ 711; [2015] HLR 36; [2015] CN 1222, CA

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) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6.1

[2017] UKSC 36; [2017] AC 624; [2017] 2 WLR 1417; [2017] 3 All ER 1065; [2017] WLR (D) 323; Case details, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
Case Comment: Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36 Case comment

Blackstones Civil Practice 2023
Articles of the Convention Incorporated into the Human Rights Act 1998 - Article 6: right to a fair trial - Scope of art. 6(1) 91.20