Housing Solicitors

Duncan Lewis’ housing department represented the Respondent in this significant Court of Appeal case. Following our previous coverage of this case, which can be found here, the highly anticipated Cambridge City Council appeal was heard on 12th March 2024.

This case stems from a decision by His Honour Judge Moloney KC (sitting in retirement). In January 2022, our client approached the local authority, Cambridge City Council, for housing assistance.  The Council accepted the main housing duty to our client and made a Part 6 offer of accommodation in July 2022. Upon accepting the offer and moving in to the property, our client requested a review of the suitability of the accommodation on the basis that there is insufficient space to enable his three daughters to reside overnight, with whom he shares access. The appeal sought to challenge whether the appellant, Cambridge City Council, was justified in offering our client accommodation comprising only one bedroom, despite his wish for his daughters to stay overnight. The central issue was whether a review decision confirming that the property was suitable should stand.

The appeal raised the following grounds:

• The significance of proceedings relating to children of an applicant;
• Whether the reviewer should have sent a “minded to” letter; and
• Whether the Council had complied with section 193(7F) and (8) of the Housing Act 1996

The Court of Appeal decided that the Cafcass report did not show a flaw in the Council’s original decision. Therefore, it was unnecessary to send a “minded to” (warning) letter to Mr. Querino. The Review Officer had already determined that a Shared Residence Order would not influence the decision about the suitability of the accommodation. The Court agreed with the reviewer officer’s opinion and concluded that it was not required to take the Cafcass report into account or wait for the Family Court’s ruling before assessing suitability.

On a unanimous basis, the Court of Appeal allowed the Council’s appeal. However, the possibility of a further appeal to the Supreme Court remains, so watch this space.

Regardless of the outcome, the ruling holds significant weight in homelessness matters, particularly shedding light on Regulation 7. This regulation outlines the procedural obligations that local authorities must adhere to concerning reviews. The outcome of the decision will provide further clarity and understanding for both local authorities and practitioners.

The Respondent was represented by Mr. Toby Vanhegan and Ms Stephanie Lovegrove from 4-5 Gray’s Inn Square. Solicitors Retha Khan, Daljit Singh Shina & Director Manjinder Kaur Atwal represented the Responded in this appeal.

The full judgment is available here: Querino v Cambridge City Council (Rev1) [2024] EWCA Civ 314 (27 March 2024) (bailii.org)

About the Author

Retha Khan is a solicitor in the housing department at Duncan Lewis Solicitors, based at the Head Office in the City of London. She has wide-ranging housing law experience, and has assisted numerous clients in relation to homelessness, disrepair and possession claims. Contact her for advice via email at RethaK@duncanlewis.com or telephone on 020 3114 1147.

Daljit Singh, ranked as a Rising Star in The Legal 500 UK for his specialisms in housing litigation and landlord and housing matters, is a solicitor and supervisor in the housing department. He is instructed on a variety of publicly and privately funded housing matters including claims for possession, landlord and tenant disputes, applications for eviction, suspension of warrants for possession, housing disrepair, unlawful evictions, harassment, homelessness reviews, homelessness appeals in the County Court, and applications for judicial review.

Manjinder Kaur Atwal, Director of Housing, is recognised by the Chambers UK legal directory as a UK-wide notable practitioner, offering strength across a wide range of social housing matters, including interim relief and homelessness applications. She heads a Housing Team ranked Tier 1 across the South East by The Legal 500 for its "excellent knowledge of the law" and "extensive experience". The department is recognised as a market-leader in all areas of social housing and property litigation including disrepair, unlawful evictions, homelessness, possession disputes, and complex judicial review matters. Contact Manjinder via email at manjindera@duncanlewis.com or by telephone at 07342 081 785.

Duncan Lewis Solicitors

Duncan Lewis Solicitors crowned LexisNexis Law Firm of the Year 2024, continues to set benchmarks in the legal industry. Celebrated for its successes at the Modern Law Awards 2024 and recognised by The Times, the firm stands out for its innovative practices and commitment to legal excellence. Specialising in housing law among other areas, Duncan Lewis tailors its award-winning services to effectively meet the evolving needs of its diverse client base.