HHJ Hand QC quashed the decision and ordered accommodation be secured pending appeal against the decision that the family are not homeless because accommodation is available and reasonable to occupy in Algeria. The father brought his child to the UK aged two for surgery that saved his daughter’s life, click here for the news article. The appeal was made under s204A Housing Act 1996 according to judicial review principles. S204A had been described by Lord Woolf MR as only an appropriate remedy “if an authority refuses even to consider exercising its discretion” [R v Brighton & Hove Council, ex p Nacion (1999) 31 HLR 1095, 1101].
Tom was instructed by Brixton Advice Centre.