Successful challenge for domestic abuse victim excluded from social housing

Beatrice Patrick, a solicitor in our housing and public law team, recently achieved a successful outcome for her client EM, a victim of serious domestic abuse, who was unlawfully excluded from joining LB Havering’s register for social housing on the basis that she had not lived in the borough for 6 years.

In a judgment handed down on 25 November 2024 the High Court decided that it was unlawful for the London Borough of Havering to refuse to allow EM to join its register for social housing (EM v the London Borough of Havering [2024] EWHC 3016 (Admin)).

Havering argued that EM did not qualify for inclusion on its housing register because she did not meet its residence requirement (which required applicants to have lived in Havering for 6 years) and that she did not come within any of the exceptions to its residence requirement. Havering said that each exception was subject to an overarching requirement that the applicant was residing in Havering.

The Court determined that the council’s interpretation of its housing allocation scheme was wrong and that, correctly interpreted, EM came within multiple exceptions to the residence requirement contained within the scheme, and that these exceptions were not subject to any requirements about location.

In light of this, it was not necessary for the Court to consider a separate argument made for EM, that the residence requirement itself was unlawful on the basis of indirect discrimination.

Clíodhna Kelleher of Monckton Chambers was instructed to act for EM.

Hopkin Murray Beskine’s housing and public law team has extensive expertise in advising applicants with housing needs who are excluded from obtaining social housing because of their residence history. This may include applicants needing to move to a new area due to domestic abuse, and others (including refugees) who lack extended residence in one area for reasons relating to a protected characteristic, such as race.