Court issues mandatory order directing council to secure accommodation for family with severely disabled child within two months

The London Borough of Harrow left a family in unsuitable temporary accommodation, which "did not meet the needs of the claimant's severely disabled daughter", for almost a year, a court has found.

At an expedited hearing, the court directed Harrow to secure suitable accommodation within two months and pay the claimant's costs.

Outlining the background to the case, One Pump Court, whose Eleri Griffiths and Martin Hodgson represented the claimant, said that the child and her family lived in temporary accommodation provided by the council under section 193(2) of the Housing Act 1996.

“The authority accepted that the accommodation was not suitable as it did not meet the needs the Claimant’s severely disabled daughter, but said it was taking reasonable steps, including increasing the family’s allocations banding, in order to secure alternative accommodation”, the chambers added.

The council had said that the specific needs of the family made it difficult to source suitable accommodation.

In the meantime, Harrow had offered what it considered to be “reasonable temporary adaptations”.

One Pump Court said the claimant’s child needed “specialist equipment to allow her to be transferred and to use the home safely, which the existing accommodation could not facilitate”.

The court found that the child had been without necessary adaptations for nearly a year, which it considered to be too long.

The judgment, which was handed down orally, concluded that the witness evidence from the authority “fell short of showing it had done all it reasonably could” and that the property was having a “deleterious effect on the family”.

Further, the court found that the temporary adaptations suggested by an occupational therapist were “not realistic and did not mitigate against the unsuitability”, revealed One Pump Court.

Griffiths and Hodgson were instructed by Radhika Shah, a Solicitor at Harrow Law Centre.

Pamela Fitzpatrick, Director of Harrow Law Centre, said: “We are very pleased with the outcome of this case. However, unfortunately this is far from unusual in Harrow. Everyday Harrow Law Centre assists families who are forced to live in properties which are not only unsuitable for them, but which are a serious risk to their health…..

“We are therefore very pleased that the Court held that the Local Authority must be more strategic in its thinking in terms of meeting its obligations which may include having to buy somewhere if need be.”

Harrow Council has been approached for comment.

Lottie Winson