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Regina v Brighton and Hove Council ex parte Nacion (2): CA 1 Feb 1999

The applicant sought review of a decision not to offer him temporary accomodation pending an appeal following a review of a refusal to offer him emergency accomodation. He had become homeless as a result of imprisonment.
Held: The section gave the authority a wide discretion which should be respected. The authority had acted lawfully.

Citations:

[1999] EWCA Civ 688, (1999) 31 HLR 1095

Statutes:

Housing Act 1996 202(30

Jurisdiction:

England and Wales

Citing:

CitedAli v Westminster City Council; Nairne v Camden London Borough Council CA 24-Jul-1998
The County Court had no power to grant an interim injunction without statutory provision. No power existed either to order the Local Authority to provide accommodation to a homelessness applicant pending a decision on the review.
Held: . .
CitedRegina v Camden London Borough Council, Ex Parte Mohammed Admn 23-May-1997
A local authority’s policy of not giving interim accommodation, pending a review of their refusal of an application for housing assistance, was not unlawful. In exercising their discretion the authority have to balance the objective of maintaining . .
CitedRegina 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 by:

CitedC v London Borough of Lewisham CA 4-Jul-2003
The applicant lost her flat and had been refused emergency housing for herself and her child. She had a very troubled history with severe emotional trauma, and was disorganised. He application was refused on the ground of her having become . .
CitedLawer, Regina (on the Application of) v Restormel Borough Council Admn 12-Oct-2007
The applicant was joint tenant of a council property. She suffered domestic violence, and said she was advised by the local authority to surrender her tenancy on the basis that they would rehouse her. She did so. The authority refused to provide a . .
See AlsoRegina v Brighton and Hove Council ex parte Nacion CA 1-Feb-1999
. .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 30 November 2022; Ref: scu.145603

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