Case details

Poshteh (Appellant) v Royal Borough of Kensington and Chelsea (Respondent)

Case ID: UKSC 2015/0219

Case summary

Issues
  1. The scope of the enquiries required of a local authorities when making decisions in homelessness cases to which s.149 Equality Act 2010 applies
  2. The standard of review to be applied by courts when reviewing decisions of the local authority in such cases.
Facts

The appellant is an Iranian citizen who arrived in the UK in 2003 and was granted asylum following her imprisonment and torture in Iran which left her suffering from post-traumatic stress disorder. She applied to the respondent for homelessness assistance in 2009 and has been provided with temporary accommodation for her and her son since January 2010. In November 2012 she was offered permanent accommodation in a housing association flat. She declined the offer on the ground that the round window in the living room reminded her of her prison cell in Iran and caused her to have a panic attack. The appellant asked for the decision to be reviewed. The reviewing officer concluded on 17 October 2013 that the accommodation was suitable and reasonable for a person with the appellant's characteristics to accept. Accordingly the duty to house the appellant was satisfied.

Judgment appealed

Parties

Appellant

Vida Poshteh

Respondent

Royal Borough of Kensington and Chelsea

Intervener

Secretary of State for Communities and Local Government

Appeal

Justices

Lord Neuberger, Lord Clarke, Lord Reed, Lord Carnwath, Lord Hughes

Hearing start date

14 Feb 2017

Hearing finish date

14 Feb 2017

Watch hearing
14 Feb 2017 Morning session Afternoon session