UK Supreme Court Appeal
James Harrison, Partner and head of our Housing Team is acting for Sabhya Bano in her appeal to the UK Supreme Court. The appeal is to be heard in the Supreme Court on 17 March 2026.
Ms Bano’s Homelessness Application & Offer of Accommodation
In December 2016 Ms Bano applied to Waltham Forest Council for assistance as a homeless person. The Council accepted a duty to accommodate Ms Bano and her children and the family was placed in temporary accommodation in Newham.
In June 2020, Waltham Forest Council offered Ms Bano private sector accommodation in Derby. This was a “Private Rented Sector Offer” which the Council said would bring its duty to accommodate Ms Bano to an end.
Requesting a review of the Private Rented Sector Offer
Ms Bano did not accept the offer. In September 2020 she requested a review of the decision to offer her the accommodation but the Council said the review was out of time. In November 2022 the provider of the temporary accommodation in Newham brought possession proceedings.
Amelia Freeman of our Housing Team met with Ms Bano as the Duty Advisor, and secured an adjournment in order to file a defence to the possession claim. Amelia also wrote to the Council arguing that it still had a duty to accommodate Ms Bano. The Council disputed this and a claim for Judicial Review was issued in September 2023.
Decisions of the High Court and Court of Appeal
Ms Bano’s claim for Judicial Review was successful, with the Judge ruling that the duty to accommodate her had not been discharged by the offer of accommodation in Derby. The Council appealed against this decision and in a judgment handed down in February 2025 the Court of Appeal allowed the Council’s appeal, holding that the refusal of the offer of accommodation in Derby alone was sufficient to result in a discharge of the duty and that a separate “discharge of duty” decision was not required.
Appeal to the UK Supreme Court on Local Authority Housing Duties
Ms Bano appealed to the UK Supreme Court and permission to appeal was granted in June 2025. The question to be considered by the Supreme Court is whether a Local Authority’s duty to house homeless applicants ends by operation of law when a Private Rented Sector Offer is made or whether the Local Authority is required to make a separate decision that the duty has ended.
James Harrison acts for Ms Bano with Liz Davies KC and Adrian Marshall-Williams of Garden Court Chambers acting as Counsel.
Edwards Duthie Shamash’s experienced lawyers specialise in social welfare law, offering advice on housing issues such as homelessness, repossession, disrepair, unlawful eviction, and social housing allocation, as well as community care and mental health matters.
Speak to Our Housing Law Solicitors Today
If you’re facing housing or homelessness issues, or need advice about your local authority’s duties to accommodate, our experienced housing law team at Edwards Duthie Shamash can help.
Contact us today for clear, practical advice and expert representation.
Housing and Social Welfare Frequently Asked Questions
A Private Rented Sector Offer (PRSO) is accommodation a council offers to a homeless household in the private rental market. Provided that it is a valid offer accepting a PRSO will end a council’s duty to house you. The position regarding refusal is less clear, as highlighted in Ms Bano’s Supreme Court appeal.
If an offer of temporary accommodation is refused there will need to be a separate decision to terminate the duty to house the applicant. In Ms Bano’s case the Court of Appeal decided that a separate decision is not required where the Council makes a Private Rented Sector Offer. The Supreme Court will decide whether this is correct.
If you refuse a PRSO, you may challenge the council’s decision or seek judicial review to argue that the duty to house you continues. Legal advice is essential to protect your rights.
You can appeal a council’s housing decision through internal reviews, the county court, or via judicial review. Cases may escalate to higher courts, including the Court of Appeal and, in rare cases, the UK Supreme Court.
A housing law case reaches the Supreme Court only if it raises important points of law affecting many people, such as the interpretation of local authority duties in homelessness law, like in Ms Bano’s appeal.