[2017] UKSC 36
UKSC 2015/0219
Poshteh (Appellant) v Royal Borough of Kensington and Chelsea (Respondent)
On appeal from the Court of Appeal (Civil Division) (England and Wales)
The appellant is an Iranian citizen who arrived in the UK in 2003 and was granted asylum following her imprisonment and torture in Iran which left her suffering from post-traumatic stress disorder. She applied to the respondent for homelessness assistance in 2009 and has been provided with temporary accommodation for her and her son since January 2010. In November 2012 she was offered permanent accommodation in a housing association flat. She declined the offer on the ground that the round window in the living room reminded her of her prison cell in Iran and caused her to have a panic attack. The appellant asked for the decision to be reviewed. The reviewing officer concluded on 17 October 2013 that the accommodation was suitable and reasonable for a person with the appellant's characteristics to accept. Accordingly the duty to house the appellant was satisfied.
The legal issues raised in the appeal are (a) the extent to which Article 6 of the ECHR is engaged by housing decisions such as this (in case law terms, Ali v Birmingham City Council [2010] 2 AC 39 should be departed from in the light of Ali v United Kingdom (2016) 63 EHRR 20); and (b) the proper test that reviewing officers (and thereafter, courts) should apply when assessing such cases.
The Supreme Court unanimously dismisses Ms Poshteh’s appeal and confirms the decision of the review-officer.
