The court considered the nature of the assessment required of a housing auithority when application was made by a person claiming to be homeless. Simon Brown J said: ‘The duty to make necessary inquiries is not a duty to make all inquiries in fact necessary before the truth can be ascertained. A council which makes numerous inquiries can in my judgment only be attacked for failing to making one more if it failed to make an inquiry which no reasonable council could have failed to regard as necessary.’
Judges:
Simon Brown J
Citations:
(1986) 18 HLR 207
Statutes:
Citing:
Cited – Regina v Thurrock Borough Council ex parte Williams QBD 1981
The burden when determining intentional homelessness is upon the local authority to be satisfied that the applicant became homeless intentionally before it can reach a conclusion that he was so homeless; if its inquiries lead to doubt or . .
Cited by:
Cited – Regina v Royal Borough of Kensington and Chelsea ex p Bayani 1990
The court set out authoritative guidance as to the scope of a reviewing court’s power to interfere on the ground of the insufficiency of inquiry by a local authority to whom a homelessness application had been made. Neill LJ said: ‘(1) The duty to . .
Cited – Cramp v Hastings Borough Council CA 29-Jul-2005
Cases challenged successful appeals by applicants for housing for homelessness, where a county court had ordered a second review of the application. . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 13 May 2022; Ref: scu.229850
