The tenant held a secure tenancy of a first floor flat of the Council. She was severely disabled and argued that the danger of injury meant that she should be allowed to occupy the empty ground floor flat. She complained at the way the authority had relied on reports she had not seen. The authority appealed against a finding that the procedure was unfair.
Held: Though the authority had failed to give the applicant a full opportunity to comment on the reports on which it had acted, the appeal was allowed.
Hallett LJ said that the fact that the material in the assessment was essentially derived from the respondent herself was one of the factors in deciding that there had been no unfairness.
Judges:
Dyson LJ, Hallett LJ, Sir Peter Gibson
Citations:
[2007] EWCA Civ 234
Links:
Statutes:
National Health Service and Community Care Act 1990 47, National Assistance Act 1948 21(1)(a)
Jurisdiction:
England and Wales
Citing:
Cited – Wahid v London Borough of Tower Hamlets CA 7-Mar-2002
Gilliatt The appellant suffered from schizophrenia. He was refused permission to apply for judicial review and for orders requiring the local authority not just to provide suitable accommodation but better . .
Cited – CREEDNZ Inc v The Governor General 1981
(New Zealand) The court looked at those considerations which a decision maker can choose for himself whether or not to take them into account. Cooke J said: ‘what has to be emphasised is that it is only when the statute expressly or impliedly . .
Cited – In Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .
Cited – Regina v Hillingdon London Borough Council Ex parte Puhlhofer HL 2-Jan-1986
Not Homeless Even if Accomodation Inadequate
The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s . .
Cited – London Borough of Tower Hamlets v Runa Begum CA 6-Mar-2002
The applicant had applied for rehousing as a homeless person. She was offered interim accommodation but refused it. Her case was reviewed, and her reasons rejected. She claimed the procedure was unfair, in that the authority was looking at decisions . .
Cited – Regina v Islington Borough Council Ex Parte Rixon QBD 17-Apr-1996
The local authority regarded lack of resources or facilities as an insuperable obstacle to any further attempt to make provision under the 1970 Act.
Held: A Local Authority should allow for non-statutory guidance in assessing a disabled . .
Appeal from – Ireneschild, Regina (on the Application Of) v London Borough of Lambeth Admn 8-Sep-2006
The claimant sought judicial review of the authority’s decision as to her housing requirements saying that the consultation had been inadequate.
Held: Judicial review was granted. . .
Cited by:
Cited – Save Our Surgery Ltd, Regina (on The Application of) v Joint Committee of Primary Care Trusts Admn 7-Mar-2013
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. . .
Lists of cited by and citing cases may be incomplete.
Housing, Local Government
Updated: 10 July 2022; Ref: scu.250041