A group of 33 British people from the island of Diego Garcia face being left homeless after a South-eastern council said it had “no duty” to house them.
Reigate & Banstead council was told by the High Court in November 2004 that it had to house the 33 from the Indian Ocean island while it reviewed its initial decision to refuse them housing. This refusal was based on the council’s claim that they were not habitual residents (HT 5 November 2004, page 13).
The islanders arrived at Gatwick at the end of October requesting accommodation from the council.
They had been living in Mauritius after being evicted from Diego Garcia by the British government in the 1960s. In 2002, they were awarded British citizenship under the British Overseas Territories Act.
Reigate’s review found that the islanders were intentionally homeless and none was in priority need. A spokeswomen said: “The council has no duty under the Housing Act 1996 or the Homelessness Act 2002 to provide them with a permanent home.”
The islanders’ solicitor, Aina Khan Partnership, has until 18 February to respond to the council’s review. The islanders must appeal to the county court if they decide to contest the decision. The local authority has said it will defend the findings of its review at any appeal hearing.
However Ranjit Kundi, a solicitor at Aina Khan, said the review had not dealt with the issue of habitual residency and, until this was resolved, the council was bound to house the islanders.
Source
Housing Today
