Gwladys Fertre vs Vale of White Horse District Council

This case concerned the eligibility of an EU national with pre-settled status for housing assistance under the Housing Act 1996.

TLDR:

• Ms. Fertre, a French national with pre-settled status, was denied housing assistance by VWDC.
• She appealed the decision, arguing her pre-settled status should grant her eligibility.
• The High Court examined whether her appeal was rendered academic by subsequent events.

The claimant, Ms. Gwladys Fertre, a national of France, was admitted to the UK under European Union law and granted pre-settled status until November 2025. In September 2021, she applied to the Vale of White Horse District Council (VWDC) to be placed on the housing register, but her application was refused on the grounds of ineligibility.

Following this, Ms. Fertre applied as homeless to VWDC, which was also refused. She sought a review of the decision, arguing that Article 23 of the UK-EU Withdrawal Agreement precluded VWDC from deeming her ineligible due to her pre-settled status. VWDC upheld its decision, leading Ms. Fertre to lodge an appeal under s.204(1)(a) of the Housing Act 1996.

During the appeal process, Ms. Fertre faced significant personal challenges, including her children being taken into local authority care and her compulsory detention under the Mental Health Act 1983. She made a fresh application for housing assistance in March 2024 due to threatened eviction from her step-down accommodation.

VWDC again determined she was ineligible for housing assistance. Ms. Fertre applied for a review of this decision and sent a pre-action protocol letter for judicial review, which VWDC responded to, suggesting her new application overtook the previous one.

VWDC applied to strike out the appeal, arguing it was academic due to the fresh application and subsequent events. The High Court examined whether Ms. Fertre had abandoned her appeal, whether the court lost jurisdiction, and whether maintaining the appeal was an abuse of process.

The court found that the mere fact of making a fresh application did not constitute abandonment of the prior application under appeal. It also determined that the appeal was not academic as Ms. Fertre had a legitimate ongoing interest in the resolution of the appeal, including the risk of future homelessness and the collateral benefit of her position on the housing register.

The High Court dismissed the application to strike out the appeal and granted applications from three proposed intervenors, recognizing the significant public interest in the issue.

Legal representatives: Simon Cox (instructed by Turpin & Miller LLP) for the Appellant, Andrew Lane (District Council's Legal) for the Respondent.

Judicial Panel: Mr. Justice Constable

Case Citation Reference: [2024] EWHC 1234 (KB)