Source: All England Reporter
Publisher Citation: [2002] All ER (D) 443 (Oct)
Court: Administrative Court
Judge:

Maurice Kay J

Representation The claimant appeared in person.
  James Maurici (instructed by the Treasury Solicitor) for the Secretary of State, as interested party.
  Akhlaq Choudhury (instructed by Michael Smith) for the local authority, as interested party.
Judgment Dates: 30 October 2002

Catchwords

Social security - Housing benefit - Decisions and appeals - Judicial review of refusal by social services commissioner to grant permission to appeal from decision of housing benefit appeal tribunal - Guidance for participation of Secretary of State and local authority in judicial review proceedings - Housing Benefit (General) Regulations 1987, regs 10(2)(a), 79(1) - Social Services Commissioner (Procedure) Regulations 1999.

The Case

The court commented that the Secretary of State would not normally be expected to participate in judicial review proceedings to provide the only element of resistance to a claim concerning the validity of a decision of a social services commissioner to refuse permission to appeal against the decision of a benefit appeal tribunal, and that it was a matter for the Secretary of State to seek to participate when the interests of his department so required. The court also commented that although it was likely that a local authority would wish to resist such proceedings, since it was ultimately the decision of one of its officers that was being challenged, whether it participated or not in the proceedings, was entirely a matter for it.

Practice Areas

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