FRIDAY LAW REPORT: Housing Act Provision Incompatible with Human Rights

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21 OCTOBER 2005

Regina (on the application of Morris) v Westminster City Council and another; Regina (on the application of Badhu) v Lambeth London Borough Council ([2005] EWCA Civ 1184)

Court of Appeal, Civil Division (Lord Justice Auld, Lord Justice Sedley and Lord Justice Jonathan Parker) 14 October 2005

Section 185(4) of the Housing Act 1996 was incompatible with article 14 of the European Convention on Human Rights to the extent that it required a dependent child of a British citizen, if both were habitually resident in the United Kingdom, to be disregarded when determining whether the British citizen had a priority need for accommodation, when that …