A south London family who allegedly moved further down an emergency housing queue are planning to appeal a High Court decision that concluded the council's operation of its direct offer waiting list is lawful.
Family's Position Deteriorated
Carmen Castro Guallichico, who lives in an overcrowded home with two severely autistic children in Southwark, claimed her position on the council's direct offer waiting list for social housing went backwards over a six-month period. In January 2025, she was 19th for a four-bedroom home and 10th for a five-bed home, but by July 2025, she had allegedly moved down to 30th and 16th respectively.
Last month, Carmen and her family took Southwark Council to the High Court to request a judicial review, arguing the council acted unlawfully and ignored the length of time they had already been waiting for emergency housing. Jonathan Richards, Deputy Judge of the High Court, dismissed Carmen's claim for a judicial review after concluding Southwark Council's direct offer waiting list is lawful.
Judge Acknowledges Disadvantage
According to a decision published on July 3, Deputy Judge Richards said: “In the circumstances, I have not gone on to consider the points made by the Defendant [Southwark Council] as to the appropriateness of relief in this case, in the event that I found one of the grounds made out. The claim for judicial review is dismissed.” However, he did accept Carmen's family had been “disadvantaged” by the council's operation of its direct offers waiting list.
Other criticisms included the council's failure to explain how the 'enhanced priority' criteria works for the direct offer list, with Deputy Judge Richards also noting the council had a “limited amount of data” in relation to the direct offer waiting list and disabled families.
Campaign Group Responds
A spokesperson for the campaign group Housing Action Southwark and Lambeth, who have been supporting Carmen and her family, said they were “incredibly dismayed and shocked” by the decision. But they said the case exposed issues around the “secret” enhanced priority criteria the council was using to decide who gets moved first. They said even though Deputy Judge Richards acknowledged Carmen's family suffered a disadvantage, he still ruled the council's direct offer system legally valid.
They said they are still left without any answers as to why Carmen fell down the waiting list and described the council's direct offer system as “pure chaos”. The spokesperson added: “Although Carmen did not win her case in the High Court, the judgement is still helpful in exposing all of these issues with the direct offer waiting list from the secret 'enhanced priority' criteria, lack of basic record keeping, and explanations from the council that are not 'wholly consistent'. None of this would have come to light without Carmen taking this case.”
Family's Living Conditions
Carmen, her husband and their four children are currently living in a two-bedroom private property in Southwark, but the cramped conditions are taking a huge toll on the mental and physical health of each family member. The two youngest sons have severe autism and take up space playing on the stairs and in one of the bedrooms because they have nowhere else to go. Physical activity, quiet space and a sense of order and routine are key needs of an autistic child to regulate their emotions.
Carmen explains that if any of her son's possessions are moved from the stairs, it can trigger a crisis and have a huge impact on their daily routine. She says her two youngest sons need to be kept separate and have their own space to avoid fights. She says if the family had more space, she would be able to support her two youngest children with everything they need to help improve their condition and make their lives easier.
Appeal Planned
The Local Democracy Reporting Service understands Carmen is planning to appeal the decision at the Court of Appeal. Councillor Reginald Popoola, Executive Member for Council Homes at Southwark, said: “We recognise this has been a difficult time for the family and will be looking at the decision closely to see where we can make changes to improve. We now have around 23,000 households on the housing waiting list in Southwark. Our focus remains on making sure our housing stock is of a high enough standard for residents to live safely and comfortably, and campaigning for more funding to build the council homes we need to help tackle the housing crisis.”
