Court quashes council decision that woman could live with children in India

The Central London County Court has quashed a decision by Westminster City Council that an elderly woman was not homeless as she could return to India to reside with her children, whom she had not seen for 30 years, it has been reported.

In CM v Westminster CC the council argued that the appellant was not forthcoming with information about her children and it was entitled to conclude that she had accommodation available to her.

Ms Recorder Genn upheld the four substantive grounds of appeal and found Westminster had made insufficient enquiries and had failed to properly consider whether CM had any legal entitlement to occupy her children’s accommodation.

Westminster had also not considered whether it was reasonable for CM to move to India having been in the UK for 16 years and been granted British Citizenship.

The judge further said Westminster failed to properly consider the cultural issues involved and had required CM to prove her case.

The case was remitted to the council for further consideration.

CM was represented by Justine Compton of Garden Court Chambers housing team.

Westminster did not respond to a request for comment.

Mark Smulian