i-law

Litigation Letter

Shared residence

Holmes-Moorhouse v Richmond-upon-Thames LBC [2007] EWCA Civ 970 10 October

The claimant was granted by consent a shared residence order with his children under s8 of the Children Act 1989 and applied to the local authority for priority accommodation as a homeless person with dependent children under s189 of the Housing Act 1996. The local authority refused him priority status because the children were not expected to live with him but merely to stay with him. Was the claimant a person with whom dependent children ‘might reasonably be expected to reside’?

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