Supreme Court refuses permission to appeal in housing case concerning discrimination claims and s204 appeals

The Supreme Court has refused permission to appeal in a case over whether the County Court has jurisdiction to determine allegations of discrimination in a statutory appeal brought under section 204 of the Housing Act 1996.

The Court of Appeal had affirmed in Adesotu v Lewisham LBC, EHRC intervening [2019] EWCA Civ 1405 that in a homelessness appeal under s.204 the County Court does not have jurisdiction to determine claims of alleged disability and/or indirect discrimination in the discharge of a local housing authority's homelessness functions.

In analysis of that ruling published on Local Government Lawyer, Cornerstone Barristers’ Dean Underwood and Riccardo Calzavara, who appeared for the council, said the effect of the ruling was that applicants must litigate any such allegations in a County Court claim.

The latest list of Supreme Court permission decisions, published last week, revealed that a panel comprising Lord Briggs, Lord Kitchen and Lord Burrows had decided on 13 July 2021 to refuse permission to appeal, concluding that the application did not raise an arguable point of law which ought to be considered at this time.