Holmes-Moorhouse(FC) (Original Respondent and Cross-appellant) v London Borough of Richmond upon Thames (Original Appellants and Cross-respondents)

In this case, the House of Lords was asked to consider the relationship between the decision-making powers of the court under the Children Act 1989 and those of the housing authority under Part VII of the Housing Act 1996. The father had applied to the housing authority for assistance under Part VII of the Housing Act 1996, but the housing authority had declined his application for priority need. The father appealed this decision, but the appeal was dismissed by the County Court. The Court of Appeal allowed the appeal, finding that the housing authority was not entitled to decide that the children could not reasonably be expected to reside with the father, given that the court had already made a shared residence order. The housing authority appealed to the House of Lords.

The House of Lords held that the decision-making powers of the court and the housing authority were different and that the housing authority was not bound by the court's decision. The housing authority was required to consider whether it was reasonable to expect the children to reside with the father, taking into account the scarcity of housing and the purpose of the scheme for housing the homeless. The House of Lords held that it was not reasonable to expect the children to reside with the father, given that they already had a home with their mother and the father had no accommodation available to him. The House of Lords allowed the appeal and restored the decision of the circuit judge.

The House of Lords' decision highlights the different roles of the family courts and the homelessness decision-making system. The family courts are required to consider the welfare of the children as the paramount consideration when making decisions about their residence, while the housing authority is required to consider the reasonableness of expecting a child to reside with a homeless parent in the context of a scheme for housing the homeless. The House of Lords' decision also emphasizes the importance of taking a benevolent approach when interpreting review decisions made by housing authorities, as these decisions are prepared by housing officers who are not lawyers.