Sahardid v London Borough of Camden [2004] EWCA Civ 1485 (26 October 2004)

Sahardid v London Borough of Camden [2004] EWCA Civ 1485 (26 October 2004)

The reviewing officer erred in law by failing to consider the appellant's eligibility for a two-bedroom property under the council's published allocation scheme, based on her son's age at the date of review. The review must be conducted on the facts as at the date of review, and the council's policy must be applied or reasons given for any departure.

Citation
[2004] EWCA Civ 1485
Parties
Claimant/appellant: Qabal Hassan Sahardid; Defendant/respondent: London Borough of Camden
Jurisdiction
England and Wales
Judgment Date
26 October 2004
Procedural Posture
Appeal / Court of Appeal (civil Division) on Appeal From Central London County Court
Outcome
Appeal allowed
Legal Topics
Homelessness, Local Authority Duties, Housing Allocation Schemes, Judicial Review, Statutory Interpretation
Housing Law Administrative Law Homelessness Local Authority Duties Housing Allocation Schemes Judicial Review Statutory Interpretation

Case Brief

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Parties

Qabal Hassan Sahardid

Claimant/appellant

London Borough of Camden

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) on Appeal From Central London County Court

Legal Issues

  1. 1 Whether the local authority's review of housing suitability must consider facts as at the date of review or the date of offer
  2. 2 Whether failure to consider the claimant's eligibility for a two-bedroom property under the council's published allocation scheme constituted an error of law

Ratio Decidendi

The reviewing officer erred in law by failing to consider the appellant's eligibility for a two-bedroom property under the council's published allocation scheme, based on her son's age at the date of review. The review must be conducted on the facts as at the date of review, and the council's policy must be applied or reasons given for any departure.

Court Disposition

Appeal allowed

Orders

  • Decision of 5th November 2003 quashed
  • Case remitted for fresh review by Camden Borough Council