ZRR, R (on the application of) v London Borough of Bexley

A local housing authority discharges its duty under section 190(2)(a) of the Housing Act 1996 only by securing accommodation suitable for the applicant and household for the relevant period. Suitability must be assessed rationally, having regard to the household’s individual circumstances. B&B accommodation is subject to the statutory restrictions in the Homelessness (Suitability of Accommodation) (England) Order 2003.

The duty under section 190(2)(a) is discharged by fulfilment of its statutory conditions; the Act does not require a separate notice declaring that the duty has ceased. A section 17 assessment under the Children Act 1989 must address relevant educational needs when accommodation is proposed as a response to children’s needs.

The claimant, her partner and two daughters became homeless after the claimant’s previous accommodation was lost. The defendant accepted that the claimant was eligible, homeless and in priority need, but intentionally homeless, and offered a room in B&B accommodation under section 190 of the Housing Act 1996.

The claimant challenged the suitability of that accommodation and the lawfulness of a subsequent assessment under section 17 of the Children Act 1989. The assessment recommended three-bedroom accommodation in Manchester for 28 days but did not adequately address the younger child’s educational needs. The issues were whether the section 190 duty had been discharged and whether the section 17 assessment was lawful.

1. Ground 1 allowed. Accommodation secured under section 190(2)(a) of the Housing Act 1996 must be suitable under section 206. Suitability is assessed by reference to the needs of the particular applicant and each household member, within the authority’s judgment and subject to rationality review.
2. The Erith accommodation was B&B accommodation. The claimant had family commitments, including two children with significant health and mental-health difficulties. The defendant had been given detailed information about those circumstances, but there was no evidence explaining how they had been considered or justifying the use of B&B accommodation. In the circumstances, no reasonable local housing authority could have concluded that the accommodation was suitable, even for 14 days.
3. The judge expressed the view that article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2003 deems B&B accommodation unsuitable for an applicant with family commitments where section 190 accommodation is provided, subject to article 4. However, the point was not argued substantively and was not treated as independently disposing of Ground 1.
4. Section 190 does not require a separate notice or decision declaring that the duty has ceased. If the statutory conditions are met, the duty is discharged automatically. [2000] 1 WLR 696 was distinguished: it concerned a different statutory route by which the main housing duty ceased and did not decide the section 190 issue.
5. The suitability issue could have been reviewed under section 202 and appealed under section 204, but it was appropriate to entertain judicial review given the procedural history and the defendant’s own statement that no review right existed. The claim was also extended in time despite delay.
6. Ground 2 allowed. The children were plainly children in need. A section 17 assessment must consider relevant educational needs, even where an EHCP is the primary educational document. The assessment failed to address how the younger child’s tutoring and pending education plan would be dealt with if the family moved to Manchester.
7. The assessment dated 7 August 2023 was quashed. The defendant was ordered to comply with section 190(2)(a) within 14 days and to undertake a fresh section 17 assessment within six weeks.

First-instance judicial review proceedings in the Administrative Court. Permission was initially refused on the papers but was granted on specified grounds by David Pittaway KC, sitting as a Deputy High Court Judge, at an oral hearing on 24 April 2024.