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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Orejudos v Royal Borough of Kensington & Chelsea  EWCA Civ 1967 (22 October 2003)
Cite as:  EWCA Civ 1967
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM
(HIS HONOUR JUDGE MAYER)
B e f o r e :
LORD JUSTICE CHADWICK
LADY JUSTICE ARDEN
|THE ROYAL BOROUGH OF KENSINGTON & CHELSEA||Respondent/Respondent|
Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
Crown Copyright ©
"Charges for the hotel are paid by us on a nightly basis. If you do not stay at the hotel every night your brooking will be cancelled. If there is a reason why you cannot stay please contact either your Housing Advisor or the Temporary Accommodation Team to discuss this BEFORE you stay away from the hotel.
Your charges are due from today and if you fail to pay the full amount each week your book willing be cancelled. It is a condition of your booking that you must sign at the hotel register each day. If you fail to do so your booking will be cancelled."
"15. There are a number of reasons why agreement to this condition is sought from housing applicants.
(i) The Council does not want to pay for accommodation that is not used.
(ii) The Council needs to monitor use of the accommodation. If an applicant does not inform my Team in advance as to when he or she will be absent and their reasons, in case of an emergency at the hotel the applicant cannot be accounted for.
(iii) The accommodation is provided because the applicant will have stated that he or she has no other accommodation available to them. If they are frequently or regularly away from the accommodation provided by the Council and have not given satisfactory reasons for doing so, the Council needs to knows where they have been staying and the nature of that accommodation because that is a relevant and necessary enquiry for the housing application.
16. The Council always gives consent if advance notice of a satisfactory reason is given to the Homelessness and Advice Team as to why an applicant needs to be absent and the period of time for which he/she will be absent, for example, if an applicant will be going into hospital."
"RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE
1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."
"As the Court has had previous occasion to remark, the concept of 'private life' is a broad term not susceptible to exhaustive definition. It covers the physical and psychological integrity of the person. It can sometimes embrace aspects of an individual's physical and social identity. Elements such as, for example, gender identification, name and sexual orientation and sexual life fall within the personal sphere protected by Article 8. Article 8 also protects the right to personal development, the right to establish and respect relationships with other human beings and the outside world." (Pretty v United Kingdom  35 EHRR 1).