The Court of Appeal have dismissed an appeal by Lambeth (in Johnston v Lambeth London Borough Council) for the decision to allow J to challenge a decision of a review officer under section 202 of the Housing Act 1996 to uphold Lambeth’s earlier decision that Mr Johnston did not have priority need for assistance as a homeless person.
The Times Law Report is here.
Effectively regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations (SI 1999 No 71) " was not a discretionary option that the review officer could apply or disapply according to whether or not he considered that the service of a “minded to find” notice would be of material benefit to the applicant".
The officer now had a dual mandatory obligation:-
1. to consider whether there was a deficiency or irregularity in the original decision.
2. if there was, and if the review officer was none the less minded to make a decision adverse to the applicant on one or more issues, to serve a “minded to find” notice on the applicant explaining his reasons for his provisional views.
The Times Law Report is here.
Effectively regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations (SI 1999 No 71) " was not a discretionary option that the review officer could apply or disapply according to whether or not he considered that the service of a “minded to find” notice would be of material benefit to the applicant".
The officer now had a dual mandatory obligation:-
1. to consider whether there was a deficiency or irregularity in the original decision.
2. if there was, and if the review officer was none the less minded to make a decision adverse to the applicant on one or more issues, to serve a “minded to find” notice on the applicant explaining his reasons for his provisional views.
Posts
No comments:
Post a Comment