Thursday Law Report: Judicial Review Was Rarely Appropriate 4 February 1999 R V Brighton and Hove Council, Ex Parte Nacion Court of Appeal (Lord Woolf, Master of the Rolls, Lord Justice Aldous and Lord Justice Tuckey) 1 February 1999

Article excerpt

IT WOULD rarely be appropriate to apply for judicial review of the exercise of a local housing authority's discretion under section 204(4) of the Housing Act 1996 not to offer temporary accommodation to a homeless person pending an appeal to the county court against its refusal to accommodate him.

The Court of Appeal refused the applicant's renewed application for leave to move for judicial review of a decision of Brighton and Hove Council not to offer him temporary accommodation whilst waiting for the outcome of his appeal to the county court under section 204 of the Housing Act 1996.

The applicant had applied to the local authority for accommodation under Part VII of the Housing Act 1996 in October 1998, and the local authority had provided him with accommodation whilst it considered the application. On 17 November 1999 the local authority determined that although the applicant was in priority need and homeless he was intentionally homeless. The applicant requested a review of that decision. The local authority affirmed its original decision, and indicated to the applicant that it would cease to provide him with accommodation on 15 December. The applicant appealed to the county court. On 15 December he indicated to the local authority that he was appealing and asked the local authority to continue to accommodate him temporarily pending the outcome of the appeal. The local authority considered the request, but refused it on 17 December. The applicant applied for leave to move for judicial review by way of certiorari to quash the decision of 17 December 1999, mandamus requiring the local authority to accommodate him pending the determination of his appeal by the county court, and an interlocutory injunction requiring the local authority to accommodate him pending the determination of the judicial review proceedings. That application was refused by Collins J. The applicant renewed his application for leave to move for judicial review. …