Source: All England Reporter
Publisher Citation: [2002] All ER (D) 302 (Oct)
Court: Administrative Court
Judge:

Roderick Evans J

Representation Lorna Findlay (instructed by the Rochdale Law Centre, Rochdale) for the claimant.
  Johanna Boyd (instructed by Roger Ellis, Rochdale) for the authority.
Judgment Dates: 21 October 2002

Catchwords

Social security - Housing benefit - Review of determination - Compatibility of housing benefit review board's decision with claimant's Convention rights - European Convention on Human Rights, art 6.

The Case

Although a housing benefit review board was constituted of members of the local housing authority that had initially refused the claimant's application for housing benefit, and notwithstanding that there were factual disputes between the authority and the claimant, there was no risk that the board's judgment of fact had been infected by a lack of impartiality because the decision to refuse housing benefit was reasonable on facts that were not disputed. Accordingly, there had been no breach of art6 of the European Convention on Human Rights.

Practice Areas

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