Dispute over Brighton and Hove’s use of Newhaven’s Kendal Court could be resolved

On Tuesday (March 1), members of the East Sussex Health and Wellbeing Board were given an update on the situation at Kendal Court — a block of flats in Newhaven, which is used as temporary housing by Brighton and Hove City Council (BHCC). 

For the past year, the building has been at the centre of an ongoing dispute between BHCC and East Sussex County Council (ESCC), with the latter arguing that its neighbouring authority had been ‘unlawfully’ using it to house people with complex needs.

The dispute reached a point in December last year when ESCC said it was looking at taking legal action to resolve the matter. On Tuesday, however, the board indicated another route may be available, as there had been a number of significant developments since their last meeting.

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These included the fact BHCC had “paused” its placements into Kendal Court, following the death of a resident in December 2021 (the second death to be reported at the accommodation that year).

The board also heard there had been a significant drop in the overall number of people the city council places in East Sussex. According to officers, BHCC now has around 122 residents placed in accommodation in East Sussex, down from a figure of around 250 last summer.

Another significant development is that BHCC is currently in the process of ‘re-procuring’ its homelessness accommodation, which it says will include further investment in welfare support for out-of-area placements.

While not suggested by BHCC, ESCC officers said this process could provide an opportunity to make the pause in admissions to Kendal Court permanent, eventually lead to its closure and, as a result, avert legal action.

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The board heard that officers had written to BHCC to lay out this view and asked for assurances that Kendal Court would be ‘excluded’ from the procurement process. Meeting papers said preparation for legal action would continue unless these assurances were received.

This approach saw some concerns raised at the meeting, however, with Cllr Philip Lunn arguing that it could just stall the resolution of the dispute.

Cllr Lunn (Con) said: “It is almost like those in control would like to surf through this year, see what the outcome is of the commissioning and its intentions and whether there is then an opportunity to exclude Kendal Court from the re-tendering process on the basis that no action has been taken against it.

“It essentially then drops out of focus without us having done anything material towards it.”

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He added: “We must have been talking about this for well over a year now and I hear what you say about the numbers having diminished but to me it is as though they are cruising towards their own outcome and they may feel that by adopting the attitude they have it would prevent us from taking the legal action we said we may take.

“It seems to me there is an air of nonchalance from their perspective. They don’t think we will do anything about it.”

A different view was taken by the board’s chairman (and East Sussex County Council leader) Keith Glazier, who said: “At the end of the day I think we all need to acknowledge there has been significant movement and they are going forward now.

“The re-tendering may or may not cure the problem and I accept what you are saying. It is not written in that this problem will be cured by this, but it is an opportunity for them to do something different. 

“You can spend a few more months planning and doing this through the law courts or whatever, or you can continue to work with them and try to influence the outcome of their thinking. 

“Nobody wins when you get to court except the lawyers, so I think trying to build on that relationship and try to work with Brighton and Hove is something I would advocate.”

The board is due to hear a further update at its next meeting in July.

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