copy of the judgment is here<\/a>.)<\/p>\nOur thanks to Will Ford of Osbornes Law and counsel Daniel Clarke for letting us know about this section 204 appeal of a review of suitability of section 193 accommodation.<\/p>\n
Ms M had applied to Hounslow as homeless. Her household included her 4 children, 3 adult children and Z, 13 years old.<\/p>\n
Z is diagnosed with Autism Spectrum Disorder (ASD), Severe Learning Difficulties, Attention Deficit and Hyperactivity Disorder (ADHD), and a generalised seizure disorder. He has severe challenging behaviour and is non-verbal. Ms M is his full time carer.<\/em><\/p>\nFollowing a compromised judicial review on failure to provide a Personal Housing Plan and unsuitability of s.188 accommodation, Hounslow accepted the full housing duty.<\/p>\n
An Occupational Therapist for Ms M assessed the household\u2019s housing need as<\/p>\n
i) A property with five bedrooms, with Z having his own bedroom, or in the alternative a four-bedroom property with a separate lounge that can accommodate a bed.<\/em>
ii) Ground floor flat or bungalow due to the risk of Z exiting the property through a window.<\/em>
iii) Hard flooring due to Z\u2019s issues with spillages and continence.<\/em>
iv) Garden provision.<\/em>
v) Window restrictors and locks with keys to reduce the risk of Z absconding.<\/em>
vi) Parking facility nearby to reduce the risk of Z absconding.<\/em>
vii) Property without dampness or infestation.<\/em><\/p>\nHounslow\u2019s revised PHP assessed the need as<\/p>\n
\u201c4-bedrooms, as Z requires his own bedroom; at least two toilets (as Z requires his own toilet); nearby parking; windows to have restrictors for safety; a garden; a ground floor property.\u201d<\/em><\/p>\nHounslow offered Ms M a property in the private sector as temporary accommodation. On the ground floor, there are two bedrooms and a toilet, shower and wet room. On the first floor, there is a living room and a kitchen. On the second floor, there are two bedrooms, including the largest bedroom, and a shower room.<\/p>\n
Ms M accepted subject to a review of suitability.<\/p>\n
The Occupational Therapist attended the property and prepared a further report on need and the current accommodation which was submitted as part of the suitability review. The OT found<\/p>\n
that the stairs are a significant risk for Z\u2019s safety and he is at risk of injuring himself and others in the context of a number of Accommodation related matters. She reports that the Accommodation is more dangerous than previous properties occupied by the family and that a move is urgently required to minimise the risk of deterioration in Z\u2019s condition and behaviour. She reports a downturn in Z\u2019s behaviour since moving to the Accommodation.<\/em><\/p>\nMs M also raised considerable risks in the property for Z:<\/p>\n
i) His behaviour is exuberant and difficult to monitor and control. He is a danger to himself and others.<\/em>
ii) He obsessively runs up and down the stairs and jumps from them in this three-storey town house. He has had falls. He is prone to absconding through doors (which he is able to unlock) and unrestricted windows (the Accommodation being close to main roads) which poses a high chance of his jumping out of windows on the upper floors.<\/em>
iii) He gathers and throws gravel from the rear garden over the fences and at people and puts it in his mouth.<\/em>
iv) If he is in the living room area on the first floor he will \u201cescape\u201d into the kitchen area to play with equipment and utensils if left unguarded.<\/em>
v) He is at risk of putting rodent faeces in his mouth and there is concern that he would do the same with rodent poison put down if not carefully hidden. When he discovered a dead rat at the Accommodation his curiosity led to his handling of it.<\/em>
vi) He experiences episodes of urinary incontinence.<\/em>
vii) Although he shares the largest bedroom on the second floor with the Appellant, he does not always sleep through the night leaving him exposed to the risks that the Accommodation presents \u2013 such as the stairs and windows. Using a smaller, ground floor bedroom would increase the risk of absconding.<\/em><\/p>\nHounslow\u2019s review decision was that the property was suitable, on the basis that Z had to be supervised at all times anyway, and would have to be whatever the property, and that adaptations could be made to the stairs and windows, and the gravel garden could have play mats put down or be grassed over by the landlord.<\/p>\n
Ms M appealed arguing<\/p>\n
i) that in five specified respects the review officer\u2019s decision was based on potential improvements or adjustments to the Accommodation that were not \u201ccertain, binding and enforceable\u201d at the time of the review and reflect little more than optimistic ambitions and so the decision was irrational.<\/em><\/p>\nii) The decision was irrational in the context of the occupational therapist\u2019s report and the dangers and risks the Accommodation poses to Z and by extension others particularly with regard to the staircase and the risk of absconding.<\/em><\/p>\niii) The decision was irrational with regard to the Children Act 2004 and the Public Sector Equality Duty.<\/em><\/p>\nThe Circuit Judge noted, following Boreh v Ealing<\/em> (2008) EWCA Civ 1176, that while a suitability review could take into account prospective alterations and adaptations<\/p>\nany such proposals would have to be the subject of assurances that the applicant could fairly regard as certain, binding and enforceable.<\/i><\/p>\n
In this instance, the review decision had not properly considered whether adaptations were \u2018certain binding and enforceable\u2019. Indeed the decision was vague about what adapations could be made with regard to the stairs, and this part of the decision was flawed for three reasons.<\/p>\n
The first is that the occupational therapist concludes that there is a significant risk to Z\u2019s safety and well-being with the stairs (including jumping from upper floors or falling) notwithstanding the care and supervision regime in place. It is more dangerous than previous properties. No account has been taken of Z\u2019s night wanderings. The enhanced supervision provided by the Appellant (and intermittently others) does not counteract the risks posed by the stairs. Z is 13 years old, not 13 months.<\/em><\/p>\nThe second is that any adaptations or alterations (such as they may be) are not subject to \u201ccertain, binding and enforceable\u201d proposals (Boreh). Indeed, there are no specific proposals at all for the stairs.<\/em><\/p>\nThirdly, the review officer has not (by reason of the above) had any or any sufficient regard to safeguarding or promoting the welfare and best interests of Z applying the focus demanded in the context of this Accommodation and this child despite the section in the review.<\/em><\/p>\nSimilarly, the suggestion that restrictors could be fitted to windows had been discussed under \u2018disrepair\u2019 and there was no apparent reason why the landlord would or should fit restrictors to ground level windows (or the other floors).<\/p>\n
With regard to the garden<\/p>\n
The somewhat \u201cbreezy\u201d reliance on playmats says nothing about what products might be available or at what, or who\u2019s cost. Asking the landlord (whoever that may be) to grass over the garden is, in my judgment, clearly a thoughtless and unrealistic idea. A gravelled garden in not \u201cDisrepair\u201d. \u00a0<\/em><\/p>\nThe rodent infestation was a particular issue for this family and this property, in ways that would make eradicating the infestation impossible, which the review officer had failed to take into account.<\/p>\n
The accommodation could not be regarded as \u2018suitable in the short term\u2019 given the OT\u2019s finding of specific and immediate risks.<\/p>\n
In all of this the review officer had failed to have due regard to the Children Act 2004 duty to<\/p>\n
\u201chave regard to the need to safeguard and promote the welfare of children;\u201d<\/span><\/em><\/p>\nand to the PSED duty to apply sharp focus on Z\u2019s disabilities.<\/p>\n
The question then was whether to quash the review decision for it to be made afresh, or to vary it.<\/p>\n
\n
The review decision of 2 December 2024 should only be varied to a decision that the Accommodation is not suitable accommodation if there is no real prospect that a fresh review could reach a different result. In Deugi v Tower Hamlets LBC (2006) HLR 28 May LJ said at \u00a7 36-37:<\/em><\/p>\n\u201cThe question for the judge was whether there was any real prospect that Tower Hamlets, acting rationally and with the benefit of further enquiry, might have been satisfied that Mrs Deugi was intentionally homeless\u201d.<\/p>\n
I conclude that if the review officer were to have proper regard to all of the relevant factors there is no real prospect that a fresh review decision could conclude other than that the Accommodation is unsuitable. Accordingly, I vary the review decision to state that the Accommodation is unsuitable.<\/em><\/p>\nAppeal allowed and the decision varied to one that the property was unsuitable.<\/p>\n
Comment<\/strong><\/p>\n<\/div>\nWell quite!<\/p>\n
\u00a0<\/p>\n
\u00a0<\/p>\n<\/p><\/div>\n\n","protected":false},"excerpt":{"rendered":"
Mohamed v LB Hounslow. Central London County Court. 28 April 2025 (Unreported. A copy of the judgment is here.) Our thanks to Will Ford of Osbornes Law and counsel Daniel Clarke for letting us know about this section 204 appeal of a review of suitability of section 193 accommodation. Ms M had applied to Hounslow […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[97],"tags":[30198,87141,18355,87142,87143,3749,78585,87144,51431],"dealstore":[],"offerexpiration":[],"class_list":["post-235540","post","type-post","status-publish","format-standard","hentry","category-legal","tag-accommodation","tag-children-act-2004","tag-decision","tag-psed","tag-quashing","tag-review","tag-suitability","tag-unsuitable","tag-varying"],"yoast_head":"\n
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