Supreme Court refuses permission to appeal in dispute over use of supported ‘move on’ housing

The Supreme Court has declined to hear a young woman’s appeal in a case over the use of supported ‘move on’ housing in the exercise of homelessness duties.

In July last year the Court of Appeal confirmed in Hodge v Folkestone and Hythe DC [2023] EWCA Civ 896 that supported ‘move on’ housing was capable of meeting the definition of ‘accommodation’ under Part VII of the Housing Act 1996 and can therefore be used by local housing authorities to discharge their homelessness duties.

Lady Justice Elisabeth Laing concluded that the council was entitled to decide that the room the woman, ‘A’, had been occupying had been 'settled accommodation' and that A had made a “deliberate decision to leave it”.

The judgment arose from an appeal under s.204 of the Housing Act 1996 challenging an intentional homelessness decision, but is of wider application to a range of duties under Part VII, according to Cornerstone Barristers.

It added that in refusing permission to appeal, the Appeal Panel of the Supreme Court (Lord Hodge, Lord Leggatt and Lord Richards) accepted the council’s submissions that the application did not raise an arguable point of law.

Matt Hutchings KC and Tara O'Leary of Cornerstone Barristers successfully represented the local authority, instructed by Alastair de Lacey of Folkestone & Hythe District Council Legal Services.

See also: Homelessness and ‘move on’ housing: Matt Hutchings KC and Tara O’Leary’s analysis of the Court of Appeal’s ruling.