Source: All England Reporter
Publisher Citation: [2009] All ER (D) 157 (Aug)
Neutral Citation: [2009] EWCA Civ 930
Court: Court of Appeal, Civil Division

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


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.

If you are a LexisLibrary subscriber you can read more about this case here.