Judge rejects claims council ‘systemically’ turning away homeless applicants

Four homeless people had taken legal action against the council claiming that individuals were being denied statutory rights and complaining of “systemic failings”.

But Mr Justice Hickinbottom has dismissed their claims.

Figures did not support a proposition that as a policy or in practice homeless applicants were being systemically rejected, he said.

The judge said in each of the four cases he had concluded that there had been no breach of duty or no substantial breach of duty.

Mr Justice Hickinbottom announced his rulings on Monday – over the telephone.

The judge had heard evidence at a High Court hearing in Birmingham a few weeks ago – but was sitting in London on Monday when he was due to deliver his ruling.

He had been scheduled to announce decisions from a courtroom at the Royal Courts of Justice in London to a courtroom at the Birmingham Civil Justice Centre, where lawyers and parties involved were due to gather, via a video link.

But court staff in London ran into difficulties when the video link failed to connect.

A member of staff at the court in London resorted to ringing a member of staff at a court in Birmingham before passing the handset to the judge, who announced his rulings down the line.

Four people – Rachel Edwards, Vernica Cole, Yasmin Saeed and Marian Noworol – had made claims against the council.

“Each of the claimants made an application to the council for housing as a homeless person,” said the judge in a written ruling made public shortly after his decisions had been announced.

“They each claim that the manner in which the council dealt with his or her application was unlawful; and, further, that that manner reflected systemic failings.

“They say that the council, advertently or inadvertently, both in their own specific cases and generally, discourage and divert applications so that individuals are denied their statutory rights to have their situation properly inquired into and be given interim accommodation whilst those inquiries are being made.”

Council bosses disputed their claims and the judge ruled against all four.

He said claimants had failed to prove any breach of statutory duty.

Mr Justice Hickinbottom said the council was the largest housing authority in the country and owned 63,000 “housing units”.

He said Birmingham had “substantial areas of significant social deprivation”, and the homeless population might be expected to be higher than in other areas.

But he added: “The statistical figures do not give any support to the proposition that, as a policy or approach in practice, the council is systemically turning away homeless applicants.”

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