Latest Public Sector News

23.03.15

Supreme Court ruling could affect councils housing people far afield

The Supreme Court has overturned a decision by Westminster City Council to house a resident out of the borough, in a ruling likely to have wide implications for local authorities.

The court unanimously upheld an appeal from Titina Nzolameso, a single mother who had lived in the Westminster for four years in a four bedroom home, relying on housing benefit to pay her rent. Following the reduction of her housing benefit in 2012, she could no longer afford to live there and she and her five children became homeless.

Westminster Council was obliged to provide her with alternative accommodation under the Housing Act 1996, and offered her a temporary place in a five-bed house in Bletchley, close to Milton Keynes in Buckinghamshire. She refused, saying that the proposed property was too far away from her children’s schools and her support network in Westminster.

The authority refused to provide any further help, insisting that it had discharged its statutory duty to offer her council accommodation.

Nzolameso pressed for a review of the council’s decision, questioning the claim that the house in Bletchley was suitable for her and the council’s claim that the offer meant they had met their statutory obligations.

The review, county court and Court of Appeal all found in favour of the council.

When the Court of Appeal ruled in the council’s favour Lord Justice Moore-Bick said that if he had found in favour of the appellant it would have “put local housing authorities in an impossible position”.

But now the Supreme Court has overturned the decision, however it has not yet published its full judgement. In a statement it said: “Given the need for arrangements to be made for the family involved, the court is making its decision known immediately, with reasons to follow in due course.”

Responding to the decision, Daniel Astaire, Westminster City Council’s cabinet member for housing, said: “We are extremely disappointed by the Supreme Court’s ruling in this case, the full implications of which will not be clear until the court hands down its detailed decision. We will continue to take into account the full range of considerations when finding suitable and affordable accommodation for those in housing need, whether within Westminster or out of borough. In the case of this family, we will continue to house them together in a suitable location.”

While the full implications of the ruling will not be understood until the judgement is published Cllr Astaire previously said that if the council’s decision was overturned it would force local authorities to “disregard the needs of others higher up the waiting lists” or who had a “more pressing need” to stay in the area.

He added it would have also “required councils to scour every neighbouring borough until they found an available property – whether or not it was suitable – imposing an unreasonable burden on local authority resources”.

The Department for Communities and Local Government said: “While we await the full judgment on this specific case, we have always recognised that some councils may find it necessary to place households in another area.”

(Image source: UK Supreme Court)

Tell us what you think – have your say below or email [email protected]

Comments

Cllr Roger Whyborn   23/03/2015 at 15:00

Good for the SC judges, time the Government was given a bloody nose on this iniquitous policy.

Teresa Buffery   23/03/2015 at 15:12

The local government think they have the right to do what they want with no thought as to the whole situation of individual families. I applaude Nzolemeso for fighting her case, I agree that if her children are settled in school, she has her family around her why should she have to move out of the area. This is politics gone mad, the housing people wouldn't like to be removed from there comfort zone, just because she is single parent - not every council tenant is a sponger or the scrapings of the barrel.

Janet.   23/03/2015 at 15:31

Good and right decision. It seems to me that the Government are practising social engineering and trying to make London an exclusive place for high powered city workers & foreign investors only.

Dee   23/03/2015 at 15:54

I find it quite astounding that lower courts have found in favour of the Council because it would be difficult for the Council. In other words not that the Council has met its legal obligations or is treating her correctly; just what a terrible nuisance it would be to have to treat her properly. Not to mention all the tens of thousands of poorly paid Londoners (and other city dwellers too). If central government policy is to reduce funding for Councils to an untenable level then it is central government that must be held liable. Localism - only if you are a rich Chinese or Russian.

Julie   23/03/2015 at 16:00

At last, some common sense prevails. Why should people who have lived in London for years, be be sent to other parts of the country, away from relatives and friends. It's inhuman.

Secateur   23/03/2015 at 16:40

couldn't disagree with anything you say but you are confusing local and central government. these are national rules being forced upon local authorities. if this tenant is caught by the benefits cap she can only receive £500 per week in total, if it costs £400 per week to rent a 4 bed house in Westminster then what is the council to do? even housing the tenant would potentially leave her destitute.

Cllr. D. Aldis   23/03/2015 at 16:56

Attitudes are far too narrow minded in these cases; housing is a prime consideration, but not the only consideration. By not taking other matters into consideration, such as the ongoing education of children, the social, and often in this type of situation, the psychological effects of upheaval in a child's life, especially at this time when we are all so much more aware of the problems of child mental health issues. There are also the physical needs if one of a family is ill and others still need to attend school. All of which causes more costs to others now, and to everyone in the future. This situation is being exacerbated by a particularly, narrow minded, ideological, incompetent government which is unable to understand that its responsibility is to the people of this country not the financial markets.

Mike Vere   23/03/2015 at 17:50

We have a government determined to undermine and then to destroy the welfare state, for the sole purpose of giving a juicy tax cut to their friends. What is going on is immoral, unethical and a national scandal from a party that couldn't even command a majority in the House of Commons. I am ashamed to be British if this is what we now stand for.

Timp   24/03/2015 at 07:04

What a crazy decision. Why should a person who is unable to support herself financially in the most expensive part of the country be pAid for by the tax payer - you and me - to stay there? There are good schools and support in Ilton Keynes and she should have been willing to move there.

Ashley   24/03/2015 at 08:36

This is absolutely bonkers, when is this country going to wake up and employ a bit of common sense. Why is a woman, a foreign woman, who cannot afford to support herself, living off benefits, in the most expensive part of the entire country, funded by me, the taxpayer?! I was born here, have been working full time since leaving school at 17 and still cannot even afford to get on the housing ladder. I pay a fortune in rent and live in a poor area of Birmingham in a 2 bed apartment. Me and my partner cannot even think about having Children as we cannot afford them. This woman has been totally irresponsible, had children she cannot afford or support and turned down a 4 bed house! This is an utter disgrace and the Supreme Court should be ashamed of themselves. As should all you neo-leftists whom probably was born with a trust fund or property already in your name. When will people wake up. If indigenous taxpayers like myself and partner are not even having children because we cannot afford it and these foreign scroungers continue to have massive families of five, who will no doubt follow in their footsteps, our economy becomes completely unsustainable. But how dare I have an opinion? That's just a racist.

Andrea Phillips   24/03/2015 at 18:15

We would all like a 5 bed house in London, oh but who's gonna pay for it? As long as it's not me, how lovely, thank you very much! Total crap. We all cut our clothes according to our cloth and that means we live within our means, how dare somebody feel it is their right to be a single parent with FIVE kids and expect hand outs. Shameful. Perhaps all those in the SC would like to have a whip round and rehouse her, and by the way I would love a holiday this year but sadly I can't afford it, perhaps they would like to help me out here too? I'm married, we have both worked all our lives, live in our own home and only have two kids, obviously done something wrong around here...

Karen   25/03/2015 at 10:27

Housing might be a priority but not for people who come to this country to take the 'mickey'.Most people work hard but never get anywhere on the housing ladder or upmarket areas.How is it that someone who cannot support themselves or work move to this country and get theBEST OF EVERYTHING?????????????

Pete   21/09/2015 at 17:10

so the name indicates a foreign national soes it, no thought that it could also be a married name of a british national. i hope the first few contributors atre nt councillors or in the caing proffesion because your lack of care is shining through like a beacon.

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