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Therese Conville v Richmond-upon-Thames London Borough Council

The duty under s 190(2)(a) of the Housing Act 1996 to provide temporary accommodation to a person with priority need, but who was intentionally homeless, for such period as the local authority considered would give the applicant a “reasonable opportunity of securing accommodation for his occupation”, did not permit the authority to have regard to considerations peculiar to it, such as the extent of its resources and other demands on it: it was the opportunity given to the applicant that had to be reasonable and not what was reasonable from the authority’s standpoint.

23 June 2006

The appellant (C) appealed against the decision ([2005] EWHC 1430 (Admin); [2006] HLR 1) that the respondent local authority had complied with its duty under s 190(2)(a) of the Housing Act 1996 by securing that accommodation was available for her occupation for such period as it considered would give her a reasonable opportunity of securing accommodation for her occupation. C was a single mother of one son, aged 13 years. Having lost her accommodation, C had applied to the local authority for assistance with housing. She and her son had been provided with temporary bed-and-breakfast accommodation pending an assessment. The local authority then decided that C was homeless, had a priority need (as she had a dependent child), but also that she had become homeless intentionally. The local authority gave C notice to leave the temporary accommodation and she issued proceedings claiming that the local authority had failed to secure that accommodation was available for her occupation for s...

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