Social Welfare Lawyers in the Centre of Birmingham

Landmark Judgment on the main homeless duty: R (Elkundi and others) v Birmingham City Council and R (Imam) v LB Croydon

CLP acted for Mr Elkundi and others and Deighton Pierce Glynn acted for Ms Imam. CLP instructed the barristers Zia Nabi and Joe Markus.for Mr Elkundi and others. Judgment was handed down on 4 May 2022.

In this landmark decision the Court of Appeal unanimously held that the main housing duty owed to homeless persons under section 193(2) Housing Act 1996 is an immediate and unqualified duty to secure suitable accommodation, and that a mandatory order had wrongly been refused in Ms Imam’s case.

Birmingham City Council and the London Borough of Croydon both seek permission to appeal to the Supreme Court.

For a full report on the case see the Doughty Street Chambers website here: https://www.doughtystreet.co.uk/news/landmark-judgment-main-homeless-duty-r-elkundi-v-birmingham-and-r-imam-v-croydon#:~:text=In%20this%20landmark%20decision%20the,refused%20in%20Ms%20Imam’s%20case.