Articles tagged Allocation
Allocations: Scope of Medical Reports
R(Bauer-Czarmonski) v Ealing LBC [2010] EWHC 130 (Admin) is a kind of a classic post-Ahmad decision in that, rather than being a challenge to the CBL Locata scheme as a whole, it relates to the way in which Mr Bauer-Czarnomski’s application was treated by Locata; that is to say, it concerns taking into account immaterial [...]
Comments Off
Transfers and rent arrears
The question of the interaction between housing debt and prioritisation for an allocation under Part VI, Housing Act 1996, appears to have been in issue in R(Osei) v Newham LBC Lettings Agency, decided on 27.01.10. I say “appears to” because, as of yet, no transcript is available – summaries appear on Lawtel and Lexis – [...]
Comments Off
Family allocations
Now, personally, I intend to chuck my kids out as soon as possible and return to “normal”. But, for Mrs Ariemuguvbe, this was not possible because her children were subject to immigration status and had no recourse to public funds (no doubt, they didn’t want to leave either). The issue for the Court of Appeal [...]
Comments Off
Allocation without Grant
Birmingham City Council v Qasim and others [2009] EWCA Civ 1080 may come as something as a surprise (at least, it did to me) and has rather a lot to say about the importance of allocation schemes under Pt 6, Housing Act 1996.
Birmingham had an employee who took it upon himself to create false computer [...]
Comments Off
Welcome to the High Court …
Welcome, Kenneth Parker QC, to the High Court. In a case which has more of the surreal about it, Kenneth Parker QC, sitting then as a Deputy Judge, had to decide whether to grant leave to a litigant in person to challenge Octavia Housing and Care’s allocations policy as it applied to that particular litigant [...]
Comments Off
Allocations: Risk v Need
In R(M) v Hackney LBC [2009] EWHC 2255 (Admin), Cranston J was faced with a difficult case which “… raises the issue of reconciling individual rights with the rights of the community”. The rights concerned were the Claimant’s rights to an allocation of a property which was suitable for him, but unlikely to be [...]
Comments Off
Without exception
R (Joseph) v LB Newham [2008] EWHC 1637 (Admin)
Blanket policies are unlawful. A first year law undergraduate could tell you that. Any lawyer or public body which didn’t know that would deserve public humilliation, probably involving being slapped across the face with a fish. Even a cursory flick through a public law text book would [...]
Comments Off
Boolen clarified
R (Van Boolen) v London Borough of Barking & Dagenham [2009] EWHC 2196 (Admin)
Last in our series of updates is Boolen v Barking & Dagenham. Again we only had a Lawtel note to go on in our previous report, which left us with some questions. Now we have received a transcript – alas not available [...]
Comments Off
Allocations policies: Publication
In R (Boolen) v Barking and Dagenham LBC reported on Lawtel, the Claimant applied for judicial review of the the council’s allocation scheme on the basis that
(1) the council had implemented a “local connection” criterion into its prioritisation decisions after bidding had ended, but that local connection criterion was not set out in the policy [...]
Comments Off
Arm’s length discrimination (or not)
Odham’s Walk Residents Management Ltd v Westminster City Council [2009] EWHC 1712 (Admin) is not a housing case per se, but is of interest.
The applicant, a TMO, manages an estate of Westminster’s housing stock as Westminster’s agents under contract. The TMO employs caretakers who are provided with accommodation as part of the job.
The agreement under [...]
Comments Off