The applicant sought to be rehoused. On review it was decided that she was intentionally homeless. She asked the authority to review that decision (a re-review). The authority said it had no power so to do. She had a right to appeal on a point of law only.
Held: The relief claimed was based entirely on alleged errors of law. Those issues should have been canvassed in the County Court. The statutory remedy not having been properly exhausted, this application for judicial review was inappropriate and should be refused.
Judges:
Lord Justice Peter Gibson, Lord Justice Judge, Lord Justice Robert Walker
Citations:
[1998] EWCA Civ 1142, (1998) 31 HLR 440
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v London Borough of Tower Hamlets, ex parte Nadia Saber QBD 1991
It is not uncommon, after a decision has been reached that an applicant for housing under Part III of the Act became intentionally homeless, for a request to be made to reconsider the decision in the light of additional material or argument. Such a . .
Appeal from – Regina v Ellioua Admn 19-Feb-1998
Application for leave to review was denied. The applicant sought to request the authority to review their initial review of their decision on his application for emergency housing. The authority had no such power, and its refusal could not be . .
Cited by:
Appealed to – Regina v Ellioua Admn 19-Feb-1998
Application for leave to review was denied. The applicant sought to request the authority to review their initial review of their decision on his application for emergency housing. The authority had no such power, and its refusal could not be . .
Cited – C 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 . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 20 November 2022; Ref: scu.144621
