R (RR) v Enfield London Borough Council

Subject Matter

LOCAL GOVERNMENT — Housing — Housing allocation criteria

[2024] EWHC 2501 (Admin), KBD

LOCAL GOVERNMENT — Housing — Housing allocation scheme

[2025] EWCA Civ 1390, CA

AI Summary & Issues

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The Court of Appeal dismissed RR's appeal against the London Borough of Enfield concerning housing allocation under the Housing Act 1996. It upheld the High Court's findings that the allocation scheme did not indirectly discriminate against disabled homeless households, as there was no evidence of disadvantage compared to non-disabled households. The court also found no breach of the duty to make reasonable adjustments or the public sector equality duty, concluding that the respondent's actions were lawful and the appellant's claims were unsupported by sufficient evidence.

Issues

• Did the court determine whether the allocation scheme's provision, which excluded homeless applicants from receiving additional health and wellbeing points, constituted indirect discrimination under section 19 of the Equality Act 2010?
• Was the judge correct in concluding that the respondent did not breach the duty to make reasonable adjustments under section 20 of the Equality Act 2010 regarding the allocation of housing to disabled persons?
• Did the judge err in finding a breach of the public sector equality duty under section 149 of the Equality Act 2010, and was she justified in refusing to grant a remedy for that breach?

Commentary

Local Government Lawyer
High Court dismisses Judicial Review challenge to council housing allocation scheme Case comment

Nearly Legal
Homelessness, disability and reasonable preference under allocation schemes Case comment