R (on the application of AA) (Appellant) v London Borough of Waltham Forest (Respondent)

Case summary

Case ID

UKSC/2026/0088

Parties

Appellant(s)

AA

Respondent(s)

London Borough Waltham Forest

Issue

Are steps to be taken by a local housing authority to secure social housing under Part 6 of the Housing Act 1996 for a homeless applicant within the scope of section 189A(4)(b) and (6)(c) of the 1996 Act?

Facts

AA is a 29 year old woman who has been granted refugee status in the United Kingdom. She has a history of sexual assault and domestic violence and a diagnosis of Post Traumatic Stress Disorder. AA applied for housing assistance under Part 7 of the 1996 Act. Waltham Forest accepted that it owed her a duty under section 193(2) of the 1996 Act to secure suitable accommodation for her. AA was provided with suitable accommodation on a temporary basis. AA did not wish to have long-term accommodation provided through the private sector. She preferred instead to be allocated social housing. The authority assessed her case and produced a personal housing plan (“PHP”) which purported to comply with section 189A(2) of the 1996 Act. This PHP informed AA that the authority had not been provided with substantial evidence to show that private sector rented accommodation could not be suitable. It also referred to the possibility of accommodation being provided under Part 6 and gave the link to apply to be on the housing register. AA brought a claim for judicial review. The Deputy District Judge concluded, amongst other things, that Waltham Forest’s failure to include steps to support AA in her application for social housing within the personal plan was unreasonable. Waltham Forest appealed to the Court of Appeal on the grounds that the steps to be taken by the local authority to secure accommodation under Part 6 for a homeless applicant are not within the scope of section 189A(4)(b) and (6)(c) of the 1996 Act, or, alternatively, that the failure to include steps to support AA in applying for accommodation under Part 6 was not irrational in the circumstances. The Court of Appeal allowed the appeal. AA now appeals to the Supreme Court.

Date of issue

29 June 2026

Case origin

PTA

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