March 28th, 2024 by James Goudie KC

Regulation 7(2) of the Homelessness ( Review Procedures) Regulations 2018 is an important part of the mechanisms designed to ensure the fairness of the overall procedure. It is triggered if the reviewer decides that there is a “deficiency or irregularity” in the original decision , or in the manner in which it was made. In QUERINO v CAMBRIDGE CITY COUNCIL (2024) EWCA Civ 314 the Council argued that Regulation 7(2) can have no application where what is under review is an offer of accommodation and its suitability, and that there can be no scope for a reviewer to detect a “deficiency” in the decision to make the offer. The argument was that Regulation 7(2) was not engaged at all. The Court of Appeal, at paras 32-35 inc, rejected this argument.

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