The Hammad appeal – Housing authority responses to homelessness in England and Wales

The safe and effective provision of short-term housing can be a challenging area for local authorities to navigate, and there are some significant differences between legal requirements in England and Wales. In particular, local authorities have certain statutory duties when providing temporary accommodation for vulnerable households facing homelessness, with authorities in Wales generally under more stringent duties than those in England.

In the recent Hammad appeal in September 2025, the Royal Borough of Kensington and Chelsea was found not to have complied with these duties. In light of this result, we discuss exactly how the regulatory burden on local authorities differs between England and Wales, and how the law is likely to evolve further, based on new legislation currently being developed in Wales.

Different nations, different duties

The Homelessness Reduction Act 2017 made significant changes to the English regime, bringing it closer to the Welsh system. It strengthened the preventative aspects of the Housing Act 1996 (HA 1996); introducing new duties to prevent and relieve homelessness, and enhancing the provision of advisory services.

The main difference between England and Wales now lies in how local housing authorities (LHAs) must support those threatened with homelessness. In Wales, LHAs have a duty to ensure that suitable accommodation for a threatened applicant does not cease to be available (s66 Housing (Wales) Act 2014 (HWA 2014)). In England, there is a similar duty, but authorities are only required to take ‘reasonable steps’ to assist the applicant (s195 HA 1996).

This distinction between England and Wales also applies to the initial duty to support those who are already homeless. English authorities must take ‘reasonable steps’ to help an applicant secure accommodation (s189B HA 1996), whereas Welsh authorities ‘must help’ the applicant (s73 HWA 2014).

Future changes to Welsh regulations

The Welsh regime forms part of a broader policy approach in Wales, reflected in the Well-Being of Future Generations (Wales) Act 2015. This promotes long-term, preventative, and collaborative approaches to public services; contributing to national well-being goals, such as creating a more equal, healthier, and prosperous Wales.

The Welsh Government intends to further strengthen the preventative nature of their regime, with the long-term aim of ending homelessness in Wales. The Homelessness and Social Housing Allocation (Wales) Bill is currently at committee stage (stage 2) in the Senedd.

Specific changes to existing legislation include widening the definition of who is ‘threatened with homelessness’, extending the prevention period from 56 days to 6 months, and introducing new duties which will require authorities to be proactive in their approach including through Prevention, Support and Accommodation Plans.

A notable change, and one which will really set Wales apart from England, is the Bill’s provision for the abolition of ‘priority need’ when deemed appropriate by Welsh Ministers, as well as the abolition of the intentionality test.

Duty to secure accommodation

Generally, English LHAs must secure suitable accommodation for applicants who are unintentionally homeless, eligible for assistance, and have a priority need (s193 HA 1996).

The Welsh equivalent is found in section 75 of HWA 2014, which closely mirrors the English duty, but sits within a regime that places stronger duties on LHAs to prevent homelessness.

The Hammad judgment

In Hammad, the claimant, facing eviction from a privately rented flat in England, applied to the defendant, the Royal Borough of Kensington and Chelsea, for homelessness assistance and to join the housing register. Due to their son’s medical needs, the claimant and his family required accommodation near specialist hospitals.

The defendant delayed processing the applications and failed to offer suitable temporary housing, despite a possession order being made and the Housing Ombudsman upholding the claimant’s complaint. Although accommodation was eventually offered, it was unsuitable, due to its location.  

The Court found the defendant in breach of its duty to secure suitable accommodation, confirming the duty is ‘immediate, non-deferrable and unqualified’. A declaration and a mandatory order were granted, requiring the defendant to provide suitable accommodation within 45 minutes of the hospital and within a one-month timeframe.

Our conclusion

While Hammad is a strong judgment on an individual housing case in England, the Welsh system requires more proactive measures to be taken.

In England, authorities must take ‘reasonable steps’ to assistant applicants, which can result in in less consistent support as what is deemed reasonable can vary. In Wales, LHAs must actively help anyone threatened with homelessness, reflecting a wider focus on long-term well-being and collaboration.

We expect to see Wales’s broader preventative policy framework further strengthened through the Bill currently making its way through the Senedd. It will be interesting to see when Welsh Ministers decide it is time to abolish priority need, and how the new regime will work in practice for local authorities.

Ruth O’Sullivan and Nicola Cullen are Associates and Joanna Griffin is a Trainee Solicitor at Capital Law.