| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 168 (Jan) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | Lord Carlile of Berriew QC sitting as a deputy High Court judge (judgment delivered extempore) |
| Representation | Alison Meacher (instructed by Hereward and Foster) for the claimant. |
| Lindsay Johnson (instructed by Helen Sidwell, Legal Services Newham Borough Council) for the authority. | |
| Judgment Dates: | 27 January 2010 |
Catchwords
Housing - Local authority houses - Priority need - Claimant and children requesting emergency rehousing - Authority accepting request subject to claimant clearing former debt - Claimant challenging authority's application of housing allocation scheme - Whether allocation scheme being lawfully applied - Whether discretion of authority being fettered by fixed 'no debt' policy - Whether adequate reasons given - .
The Case
Housing Local authority houses. The Administrative Court held that the housing allocation policy of the respondent local authority, implementing of the Housing Act 1996, had in all the circumstances of the case been lawfully applied. The authority had considered all the circumstances, exercised its discretion on the basis of the policy and given adequate reasons for its decision.
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