Hackney Council concedes claim arguing unpublished housing allocations guidance is unlawful

Hackney Council has settled a judicial review brought by the UCL Integrated Advice Clinic (iLAC) on behalf of an applicant who was removed from the housing register which he had been on since 2016.  

The client sought the assistance of the iLAC to be reinstated on the register. His removal was the result of Hackney Council amending its allocations policy, which meant the client did not meet the new eligibility criteria to join. Despite living in overcrowded accommodation with his partner and two teenage children, under the new requirements those on the register must demonstrate their household is ‘severely overcrowded’ or have a ‘significant’ medical or social need.  

The council said that the client was allowed to remain on the housing register as part of its ‘transitional protection’ (TP) on a Transitional Band (TB) for those who were on the register before the policy changes. However, the TP rules terminated at the end of 2023, which meant that all applicants had to meet the new joining requirement rules to remain on the register and the applicant was subsequently removed from the TB. 

Jeremy Ogilvie-Harris (Cornerstone Barristers and UCL Laws LLM Public Law 2021) acted for the Claimant, instructed by Thul Khan (Solicitor at the UCL Legal Advice Clinic). They brought a judicial review claim, arguing that ending the TP was unlawful as the policy does not state that the TP was time limited. Furthermore, they argued that the council relied on unpublished guidance which was inconsistent with its allocations policy. Following the claim being issued, Hackney Council settled the claim, agreeing to reinstate the Claimant to the housing register under the Transitional Band and restore his effective bidding date.  

The result of the proceedings means that applicants who were previously on the housing register, some for many years, and were removed for not meeting the new eligibility requirements, will have the opportunity to secure permanent social housing accommodation and will have their waiting time restored. The housing register is the main way in which people can secure affordable and secure housing in London, where demand for social housing is high. 

Jeremy has acted for the Clinic several times previously on a pro bono basis and on this occasion, the Clinic was able to instruct him under their housing legal aid contract.  

Any applicants who were removed from the housing register due to the transitional protection ending should contact Hackney’s housing register team.