Bernard v Enfield LBC
Mr and Mrs Bernard lived with their six children. Mrs Bernard was restricted to a wheelchair by a stroke and her husband was her carer. Their accommodation was not wheelchair accessible and was not adapted for disabled use.

The couple was effectively confined to living in one room, also used by two of the children. A social services assessment accepted a legal duty to find suitable housing but the housing department did not make a suitable offer.

A court ordered the council to provide suitable accommodation within three months. It had to apply for an extension – in total, the council took more than two years to fulfil its duty. Mr and Mrs Bernard applied for compensation for the unlawful infringement of their human rights.

The judge decided the conditions in which they had lived made it impossible for the couple to have any meaningful family life. The council's failure to act was coupled with a lack of respect for the right to family life, contrary to article 8 of the Human Rights Act. There had been no explanation or apology. The appropriate compensation was £10,000.

Source

Housing Today

Reference

This case is a useful reminder that the Human Rights Act has teeth. Those involved in meeting severe housing needs should ensure that their procedures avoid them getting bitten.