The nature of the PSED duty to have regard is informed by the particular function being exercised. See ZK v Redbridge LBC (2020);EWCA Civ 1597 at paras 82-84. In any case where a public authority’s functions under legislation are expressly directed at the needs of a protected group it may be/unnecessary to refer to the PSED, or to infer from an omission to do so a failure to have regard to that duty.
Judicial Review
December 1st, 2020 by James Goudie KC in Judicial Control, Liability and LitigationThere is increasing concern about the need for appropriate procedural rigour in judicial review cases. In R (Dolan) v SoS for Health (2020) EWCA Civ 1605 the Court of Appeal says, at para 117 that procedural rigour is important for justice to be done and for fairness to all concerned.
LHAs Working with RSLs
December 1st, 2020 by James Goudie KC in HousingWPPN 02/20 provides Welsh Government guidance on procurement law for Local Housing Authorities working with Registered Social Landlords to deliver Housing Revenue Account development programmes, with particular reference to the Directive 2014/24/EU and PCR 2015 Regulation 12(7) exemption for cooperation between contracting authorities with respect to public services.
Homelessness
November 30th, 2020 by James Goudie KC in HousingHas a local authority’s main housing duty ceased? Had they made a “ final offer of accommodation” by making a nomination to a housing association? No, says the Court of Appeal in Nikolaeva v Redbridge LBC (2020) EWCA Civ 1586. It might never give rise to the provision of accommodation.
The Court observes that it is essential that review decisions are concise where possible, contain an accurate record of the relevant facts, and are structured in a way which enables the reader easily to follow the conclusions which have been reached and the reasons for those conclusions.
Consultation
November 24th, 2020 by James Goudie KC in Decision making and ContractsIn R ( Article 39 ) v SoS for Education (2020) EWCA Civ 1577 the Court of Appeal holds that the omission by the SoS to include in consultation bodies representing children in care, before making coronavirus amendments to SIs governing the children’s social care system, was unlawful. The Court sets out the general principles relating to consultation at paragraphs 26-37 inclusive, and its discussion and conclusions from paragraph 75.
Restitution
November 23rd, 2020 by James Goudie KC in Judicial Control, Liability and LitigationIn Test Claimants in Franked Investment Group Litigation v HMRC (2020) UKSC 47 the Supreme Court hols that (1) by a 4-3 majority, Section 32(1)(c) of the Limitation Act 1980 applies to mistakes of law, following Kleinwort Benson v Lincoln City Council (1999) 2 AC 349, and (2) time begins to run when the claimant discovers, or could with reasonable diligence discover, his mistake, in the sense of recognizing that a worthwhile claim arises, departing from Deutsche Morgan v IRC (2006) UKHL 49. The case is also of interest with respect to both cause of action and issue estoppel.
Houses in Multiple Occupation
November 20th, 2020 by James Goudie KC in HousingIs a local housing authority, in deciding whether a person is a “ fit and proper person” for the purposes of an application to be a licence holder or manager of a house regulated under the Housing Act 2004, is the authority entitled to take into account a person’s spent conviction and the conduct underlining it? This was the question before the. Our team of Appeal in Hussain v Waltham Forest LBC (2020);EWCA Civ 1539. The Court holds that a LHA’s consideration and determination of a grant, or revocation, of a licence under Part 2, or Part 3, of the Housing Act involves proceedings that under the Rehabilitation of Offenders Act 1974 give the LHA power to consider a spent conviction under that Act, provided that it is satisfied that justice cannot otherwise be done.
Anonymity
November 12th, 2020 by James Goudie KC in HousingSection 166(4) of the Housing Act 1996 provides that the fact that a person has applied for an allocation of social housing is not to be divulged without their consent to any other member of the public. However, in XXX v Camden LBC (2020) EWCA Civ 1468 the Court of Appeal holds that does not extend to entitlement to anonymity when seeking judicial review of a local authority decision about such an allocation, even when medical information is involved. A balancing exercise of the relevant interests, including open justice, has to be carried out.