Chetna Parmar Succeeds in Homelessness Appeal
The Appellant is tenant of Salix Homes, a social landlord in the City of Salford and has occupied a one-bedroom flat on the 14th Floor (’the property’). Notably, the Appellant labours under a number of significant medical, physical and psychological ailments. It is not disputed, as a Court has previously found and recorded, that the Appellant engages the protection of the Equality Act 2010 (“2010 Act”), by reason of his Section 6 protected characteristics and is able to avail himself of the provisions of the public sector ‘equality duty’, under section 149 of the 2010 Act. The Appellant presented to the Respondent as ‘homeless’ seeking to be re-housed under the Respondent’s statutory obligations under the Housing Act 1996 (“1996 Act”), as amended by the Homelessness Act 2002 (“2002 Act”). The Respondent found that it was reasonable that he should continue to occupy the property in accordance with the homelessness Code of Practice 2006. A number of matters were drawn to the attention of the Respondent and it was invited to reverse the findings. Pending the determination of that review, the Appellant furnished the Respondent with further information to exemplify the extent of the Appellant’s significant dysfunction, disability and vulnerability, in the hope that this would go towards persuading the Respondent the reverse its decision. The Respondent upheld their decision that the Appellant was not 'homeless' resulting in a s.204 Homelessness Appeal which was heard before HHJ P.R.Main QC on the 2nd March 2017. The Court found that the 'Appellant’s chronic pain and his deteriorating physical function, the resulting package of dysfunction, given the nature of the ‘equality duty’, suggested very strongly, it was reasonable, viewed objectively, to regard the Appellant’s current accommodation as entirely unsuitable. ...The Respondent’s final decision as seriously flawed and must be quashed’.
A copy of the judgement can be Downloaded Here: chatokai_-v-_salford_city_council._j__repaired_.doc