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11 May 2017
Issue: 7745 / Categories: Legal News
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Rejection of flat by refugee was unreasonable

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
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NLJ Career Profile: Stephen Ward, The Barrister Group

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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