Carmen Castro Guallichico and her family have lost a High Court challenge against Southwark Council, but the case has exposed what campaigners describe as 'secret' criteria used to prioritise emergency housing applicants. The family, living in an overcrowded two-bedroom home with two severely autistic children, claimed their position on the council's direct offer waiting list moved backwards over six months.
High Court ruling and criticisms
On June 23, Carmen and her family sought a judicial review, arguing the council acted unlawfully and ignored the length of time they had waited. Deputy Judge Jonathan Richards dismissed the claim on July 3, ruling the direct offer waiting list lawful. However, he acknowledged the family had been 'disadvantaged' by the council's operation of the list, criticised the lack of explanation for 'enhanced priority' criteria, and noted the council had a 'limited amount of data' on disabled families.
Campaigners' response
A spokesperson for Housing Action Southwark and Lambeth, supporting the family, said they were 'incredibly dismayed and shocked' but added the judgment exposed 'secret enhanced priority criteria' and 'pure chaos' in the system. They stated: 'Although Carmen did not win her case in the High Court, the judgement is still helpful in exposing all of these issues… None of this would have come to light without Carmen taking this case.'
Family's living conditions
Carmen, her husband, and four children live in a cramped two-bedroom private property in Southwark. Her two youngest sons have severe autism and require separate spaces to avoid fights. She explained that moving any of her son's possessions from the stairs can trigger a crisis. The conditions are taking a toll on the mental and physical health of each family member.
Waiting list position changes
In January 2025, Carmen was 19th for a four-bedroom home and 10th for a five-bed home. By July 2025, she had moved to 30th for a four-bed and 16th for a five-bed. Her lawyer sought an explanation from the council but received none. The family plans to appeal the decision at the Court of Appeal.
Council's response
Councillor Reginald Popoola, Executive Member for Council Homes, 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.'
