Source: All England Reporter
Publisher Citation: [2002] All ER (D) 81 (Jan)
Court: Administrative Court
Judge:

Wilson J

Representation Iain Colville (instructed by Leicester Law Centre) for the claimant.
  Nathalie Lieven (instructed by the Treasury Solicitor) for the local authority.
Judgment Dates: 17 January 2002

Catchwords

Housing - Local authority - Housing register - Claimant applying for entry on local authority housing register - Local authority policy - Local authority refusing to enter claimant on housing register - Claimant seeking review of decision - Local authority changing policy three days before review - Review panel applying new policy and upholding earlier decision - Whether new policy lawful - Whether application of old policy proper in any event.

The Case

A local authority was entitled to make and to change policy in relation to applications for accommodation by tenants of housing associations. However, it would be unlawful for a local authority to apply a new policy blindly without the flexibility necessary to the application of all policy and on the basis that it had no discretion in relation to any application before it.

Practice Areas

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