High Court hands down ruling on assessment of housing needs and pre-2018 applications

The High Court has confirmed that duties in section 189A of the Housing Act 1996 apply to homelessness applications under its Part 7 even when made before the section came into force in April 2018, lawyers involved in a case brought against the London Borough of Hillingdon have said.

This section requires local authorities to produce an assessment of a homeless applicant’s housing needs and a personalised housing plan, and to keep these under review.

Daniel Clarke of Doughty Street Chambers, and solicitor Beatrice Patrick of law firm Hopkin Murray Beskine, who both acted for applicant TW, said section 189A was inserted as part of the changes made by the Homelessness Reduction Act 2017.

The majority of such amendments came into force on 3 April 2018 though some did not specify whether they affect homelessness applications made before that date.

“However, similar transitional provision was not made in relation to section 3 HRA 2017, which inserted section 189A 1996,” they said.

Applicant TW applied in 2015 and contended that section 189A applied to applications for homelessness assistance made before 3 April 2018.

Hillingdon did not oppose the claim and Judge O’Connor, sitting as a judge of the High Court, made an order in agreed terms.

This included a mandatory order requiring Hillingdon to produce a housing needs assessment under section 189A and a declaration that the duties in section 189A applied to TW’s case despite her application for assistance being made before 3 April 2018.

The lawyers said: “While the number of pre-2018 applications that remain ongoing is likely to be limited, TW’s circumstances are not unique in this respect and so the Court’s decision provides helpful confirmation of the applicability of section 189A HA 1996.”

Mark Smulian