Source: All England Reporter
Publisher Citation: [2002] All ER (D) 61 (Oct)
Court: Administrative Court
Judge:

Moses J

Representation Hugh Southey (instructed by Turpin & Miller, Oxford) for the claimant.
  Jonathon Swift (instructed by Peter Clark, Oxford) for the defendant.
Judgment Dates: 4 October 2002

Catchwords

Housing - Local authority - Duty to provide accommodation - Claimant 's marriage breaking down due to domestic violence - Claimant citizen of Pakistan - Claimant seeking assistance from local authority - Local authority refusing assistance on basis that need for care and attention brought about solely by destitution - Claimant contending authority failing to take proper consideration of vulnerability caused by domestic violence - Whether authority in error - s 21(1A) - s 3.

The Case

Any local authority faced with a woman who had suffered from domestic violence had to be astute and be prepared to recognise that it was possible that she was more vulnerable when applying the provisions of s21(1A) of the .

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.