The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision against her on review.
Held: Her appeal failed. The task of the county court judge was to see whether the review decision should be set aside on judicial review grounds. It was not his task to make the decision again for the officer. Though there had been an initial mistake, that mistake, once spotted had been corrected.
Lord Neuberger MR set out the salient points: ‘i) The cesser of an authority’s duty under section 193 pursuant to section 193(7) depends, inter alia, on the applicant having been sent appropriate notice as therein described;
ii) Where the applicant disputes the authority’s contention that the duty has ceased under the section, she must refer the issue for review under section 202(1)(b);
iii) So where, as here, the applicant says the duty has not ceased because she was not sent the appropriate notice, the review must consider and determine that issue;
iv) Any appeal to the County Court against the reviewer’s decision on the issue is limited to a point of law – see section 204(1);
v) Accordingly, there is no jurisdiction under the statutory scheme for the County Court to set itself up as a finder of the relevant primary facts for itself.’
Lord Neuberger MR, Jackson, Gross LJJ
[2011] EWCA Civ 1285, [2011] WLRD 323
Bailii
Housing Act 1996 204
England and Wales
Citing:
Cited – Mexfield Housing Co-Operative Ltd v Berrisford ChD 5-Oct-2009
The claimant appealed against refusal of a summary order for possession of the defendant tenant’s house for arrears of rent. The arrears arose through delay in payment of Housing Benefit, and all arrears had been cleared by the hearing of the . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Cited – Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
Cited – O’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .
Cited – Tomlinson and Others v Birmingham City Council SC 17-Feb-2010
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that . .
Cited – Royal Borough of Kensington and Chelsea v Danesh CA 5-Oct-2006
The tenant family appealed against a decision that the authority had no duty to rehouse them after they suffered violence. They had been living for a year in Swansea and on being granted indefinite leave to remain they were now eligible under Part . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 10 November 2021; Ref: scu.448294