YR, R (On the Application Of) v London Borough of Lambeth

Joshua Jackson (instructed by Hansen Palomares Solicitors) for the Claimant Mathew McDermott (instructed by the London Borough of Lambeth) for the Defendant Hearing dates: 18-19 October 2022 ____________________

This judgment was handed down remotely, the date for hand-down is deemed to be on 8 November 2022.

i) Ground 1: the Defendant (i) failed to carry out a lawful assessment of the Claimant and her family's housing needs and/ or (ii) to prepare a lawful personalised housing plan under s 189A(1) of the 1996 Act; and/ or (iii) failed to conduct a lawful review of the Claimant's housing needs under s 189A(9)-(11).

ii) Ground 2: the Defendant failed, in the discharge of its housing functions, to 'have regard to the need to safeguard and promote the welfare' of the Claimant's children as required by s 11(2) Children Act 2004.

i) The authority must 'have regard to their assessment' under s 189A: ss 189B(3) and s 195(3). The Code of Guidance at paragraph 13.6 states that this duty 'will assist the authority with understanding the applicant's particular situation and tailoring the support it provides under the relief duty, both directly and through engaging relevant specialist services'.