Rother District Council v Freeman-Roach: CA 6 Mar 2018

Onus on Housing claimant to show review error

The claimant had been found to be homeless and in priority need. He was given interim housing pending their decision. They later considered that he was in fact not in priority need. He appealed to the County Court for an order that interim accomodation be continued pending completion of the review, that having been refused by the review officer.
Held: The Council’s appeal succeeded. It was for the claimant to establish the error made in the review, not for the Council to establish that the correct test had been applied.

Longmore, Lewison LJJ, Rose J
[2018] EWCA Civ 368, [2018] WLR(D) 145
Bailii, WLRD
Housing Act 1996
England and Wales

Housing

Updated: 02 November 2021; Ref: scu.605788