header-logo header-logo

Rejection of flat by refugee was unreasonable

11 May 2017
Issue: 7745 / Categories: Legal News
printer mail-detail

It was not ‘reasonable’ for a refugee to refuse accommodation because the round window in the living room reminded her of her prison cell in Iran, the Supreme Court has held.

Mrs Vida Poshteh, who lives with her son, came to the UK in 2003 as a refugee, having been imprisoned and tortured. She gained indefinite leave to remain in 2009, and applied to Kensington and Chelsea for accommodation as a homeless person. In 2012, she was offered a two-bedroom flat, but refused it on the basis the window provoked memories that would exacerbate her post-traumatic stress disorder, anxiety and other conditions.

Under Part VII of the Housing Act 1996, local housing authorities must provide ‘suitable’ accommodation for a person who is homeless and in priority need. That duty ceases if the applicant refuses a ‘final offer’ of accommodation and it is ‘reasonable’ for them to have accepted the offer.

The council decided she had unreasonably declined the offer, after finding the window was larger and let in more light than the one in her prison cell.

Ruling in Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36, the Supreme Court dismissed her appeal, upholding the decisions of the council, county court and Court of Appeal.

Delivering the lead judgment, Lord Carnwath said of the decision-letter of the reviewing office: ‘The length and detail of the decision-letter show that the writer was fully aware of this responsibility. Viewed as a whole, it reads as a conscientious attempt by a hard-pressed housing officer to cover every conceivable issue raised in the case.’

Lord Carnwath also criticised the proliferation of authorities and number of bundles presented in the case.

Issue: 7745 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll