Source: All England Reporter
Publisher Citation: [2013] All ER (D) 171 (Aug)
Court: Queen's Bench Division, Administrative Court
Judge:

Judge Robinson (judgment delivered extempore)

Representation Chris Buttler (instructed by Simpson Millar) for KO.
  Josef Cannon (instructed by the London Borough of Lambeth) for the authority.
Judgment Dates: 20 August 2013

Catchwords

Housing - Local authority - Duty to provide accommodation - Claimant, KO, applying by mother, O, for permission to challenge by way of judicial review proceedings defendant local authority's failure to assess need for accommodation and that of brother B - O being failed asylum seeker and B living away from O since 2009 - O attempting to obtain order for overnight contact with B, but unsuccessful as accommodation unsuitable to enable him to stay over - KO alleging failure by authority to carry out assessment of his needs and those of B and failure to provide accommodation for family as whole such as would permit B to have overnight contact - Case stated to be urgent as contact issues to be addressed at family hearing - Claimant applying for interim relief in form of order that authority provide accommodation for KO, O and B - Whether court should grant interim relief - .

The Case

Housing Local authority. In judicial review proceedings, the claimant, KO, applied by his mother, O, for permission to challenge the defendant local authority's failure to assess his need for accommodation and that of his brother B. O was a failed asylum seeker. Since 2009, B had been living with his elder half-sister. From 2011, contact had been ordered by the family court. In 2013, O had attempted to obtain an order giving her overnight contact with B, but had been unsuccessful as her current accommodation was unsuitable to enable him to stay over. KO and O were accommodated by the authority pursuant to the power in s17 of the . KO alleged a failure by the authority to carry out an assessment of the needs of B and KO, and a failure to provide accommodation for the family as a whole, such as would permit B to have overnight contact with his mother and brother. The case was stated to be urgent as contact issues were to be addressed at a family hearing due to commence on 28 August (the family hearing). Further assessments were carried out by the authority. The claimant applied for interim relief in the form of an order that the authority provide accommodation for KO, O and B pending the final determination of the proceedings. In refusing interim relief, the Administrative Court held that KO was seeking, by way of interim relief, more than he would get at a substantive hearing. O would not suffer irredeemable prejudice if relief was not granted at the instant time. It might make it more difficult for O to obtain contact with or a residence order in relation to B, but the position would have changed by the time the family hearing arrived, as the court would grant permission to apply for judicial review. Some prejudice would be suffered, but it was not sufficient to justify the grant of interim relief.

Practice Areas

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