Regina v Harrow London Borough Council Ex Parte Carter: QBD 25 Nov 1992

The applicant had sold her home and moved to Harrow with her four children, living with her sister. She became unintentionally homess and had priority need, applying to Harrow for accomodation. Harrow said that under their policy she retained her local connection with Camden, and refused assistance beyond referring her to Camden.
Held: The applicant had a possible case for special assistance under section 61 so as to establish a local connection with Harrow. The discretion given to local authorities under section 67(1) could not be disclaimed under a strict policy. They had to consider each individual case, and the policy had to allow exceptions.
Mr Roger Henderson QC said ‘I have seen no evidence of a decision focusing upon the respondents’ discretion under section 67 of the Act whether or not in all the circumstances of Mrs Carter’s case to refer her to Brent. Instead, although for reasons to which I will come I am sure that the respondents’ senior officers in the housing department and its members were well aware that such a reference was discretionary and not mandatory, there is persuasive evidence that the reference to Brent was made as an automatic and unreviewed consequence of the decision that Mrs. Carter had no local connection and had not established special circumstances. I refer to this because although the reference to Brent led to nothing and it not the subject of judicial review, yet it is a significant feature in the history of this case which points to a similar unlawful approach in the decision-making when the reference to the London Borough of Camden occurred a month later.’

Judges:

Mr Roger Henderson QC

Citations:

Gazette 25-Nov-1992, (1992) 26 HLR 32

Statutes:

Housing Act 1985 61 67(1)

Cited by:

CitedRegina v East Devon District Council ex parte Robb Admn 4-Dec-1997
. .
CitedRegina v London Borough of Ealing ex parte Anthony Fox Admn 9-Feb-1998
. .
Lists of cited by and citing cases may be incomplete.

Housing, Administrative

Updated: 09 April 2022; Ref: scu.86817