Source: | All England Reporter |
Publisher Citation: | [2009] All ER (D) 157 (Aug) |
Neutral Citation: | [2009] EWCA Civ 930 |
Court: | Court of Appeal, Civil Division |
Judge: | Sedley, Stanley Burnton LJJ and Sir Simon Tuckey |
Representation | David Carter and Simon Strelitz (instructed by Duncan Lewis) for the first claimant. |
Martin Russell (instructed by Moss Beachley Mullem & Coleman) for the second, third and fourth claimants. | |
Donald Broatch (instructed by Terry Osborne) for the authority. | |
Judgment Dates: | 20 August 2009 |
Catchwords
Housing - Homeless person - Duty of local housing authority to provide accommodation - Decision - Review - Authority delegating performance of its review to third party - Whether authority lawfully permitted to delegate performance of its reviews to third party - ss 70, 79 - ss 202, 203 - Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996, .
The Case
Housing Homeless person. Court of Appeal, Civil Division: In a case concerning the administration of the homelessness schemes under the the court held that the review of a local authority's housing eligibility decision could be lawfully contracted out to be undertaken by a third party, unless the third party did not have the necessary independence andimpartiality or the appearance of those qualities.
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