Darby v Richmond on Thames London Borough Council [2017] EWCA Civ 252 (11 April 2017)

Darby v Richmond on Thames London Borough Council [2017] EWCA Civ 252 (11 April 2017)

The statutory housing allocation scheme does not give rise to a common law duty of care owed by the local authority to housing applicants. The existence of comprehensive alternative remedies and the absence of legislative intent to create a right to damages preclude such a duty. The claim discloses no reasonable grounds and was properly struck out.

Citation
[2017] EWCA Civ 252
Parties
Claimant/appellant: Lillian Darby (Administratrix of the estate of Lee Mark Rabbetts, deceased); Defendant/respondent: Richmond on Thames London Borough Council
Jurisdiction
England and Wales
Judgment Date
11 April 2017
Procedural Posture
Civil Appeal / Application for Permission to Appeal (court of Appeal, Civil Division)
Outcome
Permission to appeal refused
Legal Topics
Duty of Care, Negligence, Statutory Duties of Local Authorities, Housing Allocation, Alternative Remedies
Tort Law Public Law Housing Law Duty of Care Negligence Statutory Duties of Local Authorities Housing Allocation Alternative Remedies

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Parties

Lillian Darby (Administratrix of the estate of Lee Mark Rabbetts, deceased)

Claimant/appellant

Richmond on Thames London Borough Council

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (court of Appeal, Civil Division)

Legal Issues

  1. 1 Whether a local authority owes a common law duty of care to a housing applicant in the allocation of housing under statutory schemes
  2. 2 Whether failure to award sufficient medical priority points and rehouse a vulnerable applicant can give rise to damages in tort

Ratio Decidendi

The statutory housing allocation scheme does not give rise to a common law duty of care owed by the local authority to housing applicants. The existence of comprehensive alternative remedies and the absence of legislative intent to create a right to damages preclude such a duty. The claim discloses no reasonable grounds and was properly struck out.

Court Disposition

Permission to appeal refused