The claimant had sought housing benefits, but his claim was rejected by the respondents who said that he was not liable to make the payments. He argued that the decision was not made by an impartial tribunal since it was held by councillors from the authority which would benefit financially from the refusal of the claim.
Held: The claim succeeded: ‘ the claimant was deprived of his common law right to a determination of his entitlement to housing benefit by an independent tribunal.’
Judges:
Moses J
Citations:
[2001] EWHC Admin 657, [2002] HRLR 2
Links:
Statutes:
European Convention on Human Rights, Social Security Contributions and Benefits Act 1992, Housing Benefit (General) Regulations 1987 81
Benefits, Human Rights
Updated: 28 July 2022; Ref: scu.347086