Eleri Griffiths succeeded in representing the appellant in a Housing Act appeal against the authority’s decision that accommodation offered to him in sheltered housing was suitable for him to end its homelessness duty.

The case concerned a British applicant with a number of physical and mental health conditions, as well as PTSD relating in part to the Grenfell Fire, and autism. He had particular difficulty with new situations, social situations and bureaucracy. The accommodation offered formed part of sheltered living with additional tenancy terms which were said to be overly onerous. His experiences on an earlier visit to the accommodation had resulted in a severe adverse reaction, including feeling sick, gagging and fainting in distress. The case raised issues over the authority’s compliance with its public sector equality duty and whether requiring him to live there amounted to a disproportionate interference with his Article 8 rights.

The County Court allowed the appeal. Importantly, although some consideration had been given to disabilities, the reviewing officer had not asked how living in the premises with the raft of additional restrictions might affect the applicant’s mental health as compared to someone without them. It had therefore breached the PSED, and the Court quashed the authority’s decision that the accommodation was suitable.

Eleri was instructed by Radhika Shah at Harrow Law Centre.