“Fresh” homelessness applications

In 2002, Ms Griffin made a joint homelessness application to Southwark with her then partner, Mr Gibson. The council accepted a duty towards them and provided temporary accommodation. Later in 2002, the couple separated.

Without knowing of this change, the council offered the couple a permanent home. Ms Griffin said the offer was unsuitable. The council reviewed but upheld its decision that the offer had been suitable and its duties had been performed. Temporary housing was withdrawn in February 2004.

Ms Griffin made another homelessness application in May 2004. The council decided it did not have to investigate the new application because there had been no material change of circumstances since the offer of a permanent home. Ms Griffin asked for a judicial review.

The judge dismissed her claim. He decided the threshold for a “new” application was a low one. A council only had to be satisfied that the new application was not “based on exactly the same facts as the earlier application”. But even applying that low threshold, Ms Griffin’s application was not based on any different facts.

Although she had made a joint application and was now making a single application, that was immaterial because she and Mr Gibson had separated before the council had performed its duty under the first application.