Adrian Marshall Williams of Garden Court Chambers was instructed by Luke Sheldon of GT Stewart Solicitors.
The below content has been reproduced from a GT Stewart press release.
The legal team supported a homeless mother and her five-year-old son through a judicial review after the council refused them help. They had spent six months sofa surfing with no safe or secure place to stay. The team assisted her in approaching the council to open a homeless application and request temporary accommodation. The council refused to open a homeless application, stating it was the same as two previous approaches.
Council’s refusal to consider new application
The mother approached the council twice before. The council claimed her new application was identical to:
- A homeless application five years ago, which the council discharged after the client refused a private rented offer.
- A recent application three months prior, withdrawn before any response provided by the council.
The legal team argued that her situation had changed, and that the council could not rely on an application they did not even consider. The family’s current living arrangement placed the child at constant risk, and their housing need had escalated since the recent withdrawn application.
Legal challenge and request for urgent help
The legal team issued a judicial review claim and applied for an interim injunction to require temporary accommodation. Although the court initially refused interim relief on paper, they requested a hearing to reconsider the application.
In response, and potentially in light of the recent Court of Appeal decision in Ivory v Welwyn Hatfield Borough Council (2025), the council reversed its position. They agreed to open a new homeless application and provide temporary accommodation for the mother and child.
Council concedes after legal pressure
This case demonstrates how a judicial review can hold local authorities accountable and force urgent housing support.
