||All England Reporter
|| All ER (D) 293 (Dec)
|| EWCA Civ 1740
||Court of Appeal, Civil Division
Waller, Carnwath LJJ and Sir William Aldous
||Jonathan Manning (instructed by Flack & Co) for the claimant Hall.
||David Carter (instructed by Flack & Co) for the claimant Carter.
||Wayne Beglan (instructed by DMH) for the authority.
||17 December 2004
Housing - Homeless persons - Duty of local authority to provide accommodation - Priority need - Applicant vulnerable as a result of mental illness - Deficiency or irregularity in earlier decision - Requirement to give notice - Allocation of Housing and Homelessness (Review Procedures) Regulations 1999, SI 1999/71, reg 8(2).
In a case concerning applications by the appellants to be given priority need for housing the court held that the word 'deficiency' in reg8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999, SI1999-71, did not have any particular legal connotation. It simply meant 'something lacking'. There was nothing in the words of the rule to limit it to failings which would give grounds for legal challenge. As the reviewing officer had only stated that he had found no irregularity in the decision-making process his decision was unlawful.
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