Olivia represented LJ, a vulnerable woman who was the victim of domestic violence, suffered with complex mental health needs, and had a long history of trauma and abuse.

The case originated as a successful Out of Hours judicial review, securing interim relief requiring the local authority to accommodate LJ with immediate effect. The local authority then issued a decision refusing to exercise their powers under s.204(4) Housing Act 1996, and therefore refusing to accommodate LJ pending her s.204 appeal. This triggered a Section 204A appeal being lodged.

On appeal, HHJ Walden-Smith found that the local authority’s decision to refuse to accommodate pending LJ’s appeal under s.204(4) Housing Act 1996 was unlawful on two grounds; (1) a failure to properly consider LJ’s circumstances, in particular her mental health issues, which the local authority accepted amounted to a disability, and the fact she was a victim of domestic violence, and (2) a failure to consider relevant information, notably that LJ had been street homeless for 4 nights prior to the local authorities decision to not accommodate her pending review.

The local authority’s decision was quashed and they were ordered to provide LJ with accommodation with immediate effect for a prescribed period of time. The local authority was also ordered to pay the Appellant’s costs incurred as a result of the Section 204A appeal.

Olivia was instructed by Caitriona Quigley at Lawstop. If you wish to instruct Olivia in similar matters, please contact her clerks.