Council hit with mandatory injunction as part of interim relief pending review of decision on accommodation of ex-prisoner

An undisclosed local authority has been issued with a High Court mandatory injunction as interim relief pending a review of the council’s homelessness decision regarding a vulnerable former prisoner, it has been reported.

Law firm GT Stewart, which is acting for the claimant, said its client had applied as homeless with his council on his release from prison.

The local authority considered the claimant not to be homeless, on the basis that he has a secure tenancy with it.

However, the claimant’s legal team argued that it was not reasonable for him to continue to occupy the property in question as a result of a restraining order and his mental health conditions.

After GT Stewart requested a review of the decision and accommodation to be provided until the review was carried out, the local authority refused to exercise its discretion to accommodate the claimant.

This was despite the authority reportedly being aware that the man was rough sleeping and suffering from severe mental health conditions, the law firm said.

In response, GT Stewart issued an urgent claim for judicial review and applied for interim relief.

The High Court allowed the local authority to provide a response to the interim relief sought. The High Court subsequently granted the claimant interim relief and ordered the local authority to accommodate him, pending review of the homelessness decision.

GT Stewart said the High Court ruled that:

• the claimant had a strong prima facie case that the local authority’s failure to exercise its discretion to provide him with accommodation pending review under section 188(3) of the Housing Act 1996 was unlawful; and
• the balance of convenience lay in favour of granting interim relief.

Marie Paris of Doughty Street Chambers acted for the claimant. She was instructed by Claire Wiles, joint head of the Housing Department at GT Stewart.

Harry Rodd