High Court quashes ruling that Hackney Council failed to comply with equality legislation

The Royal Courts of Justice. Photograph: Flickr/Creative Commons/Anthony Majanlahti

The High Court has quashed a ruling that Hackney Council failed to comply with equality legislation when it placed a disabled man in what he claimed was unsuitable temporary accommodation.

Mohammed Haque, who is now aged in his early forties, was suffering from numerous health issues, including chronic cervical and lumbar spine problems, when he lost his job and found himself with nowhere to live.

His homelessness application in February 2013 was refused by the council on the basis that his disability was “insufficient” to fit the legal definition of a vulnerable person.

A year later he made a second application and was placed in temporary accommodation – a small, single room on the third floor of a hostel – while this was processed.

A court judgement stated that after a “series of negative determinations and ‘minded to’ letters” the council had finally concluded Haque did have a priority housing need – but found the hostel was suitable accommodation while he waited for the allocation of somewhere more permanent.

Haque’s solicitors challenged this, claiming the room was inadequate provision.

A county court found the council’s decision had fallen foul of an aspect of the Equality Act, and the council then went to the High Court and successfully applied to have this finding overturned.

Cllr Rebecca Rennison, mayoral advisor for advice services and preventing homelessness, said: “We are pleased that the court found that we have applied the Equality Act 2010 correctly in the circumstances of this case and that Mr Haque’s current accommodation is suitable.

“We are sympathetic to his circumstances, taking fully on-board the needs of Mr Haque, as is usual practice, during the search for accommodation.

“The council has a number of policies in place to ensure that accommodation is safe and secure for residents while also making sure that emergency and temporary accommodation is allocated to those who need it most.

“We will continue to support Mr Haque in his bidding for permanent accommodation.”