Hemley v Croydon Council [2015] EWCA Civ 1519 (19 November 2015)

Hemley v Croydon Council [2015] EWCA Civ 1519 (19 November 2015)

Permission to appeal is granted because it is strongly arguable that Judge Faber erred in law by substituting her own view for that of the reviewing officer and by failing to consider whether the reviewing officer's decision was reasonable, rather than focusing on technical errors in language.

Citation
[2015] EWCA Civ 1519
Parties
Claimant/respondent: Ms Faharri Rose Hemley; Defendant/appellant: Croydon Council
Jurisdiction
England and Wales
Judgment Date
19 November 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Permission to appeal granted
Legal Topics
Homelessness, Priority Need, Judicial Review, Errors of Law, Section 202 and 204 Housing Act 1996
Housing Law Administrative Law Homelessness Priority Need Judicial Review Errors of Law Section 202 and 204 Housing Act 1996

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Parties

Ms Faharri Rose Hemley

Claimant/respondent

Croydon Council

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the reviewing officer made material errors of fact amounting to errors of law in the homelessness priority need decision
  2. 2 Whether Judge Faber substituted her own view for that of the reviewing officer and failed to apply the correct standard of review

Ratio Decidendi

Permission to appeal is granted because it is strongly arguable that Judge Faber erred in law by substituting her own view for that of the reviewing officer and by failing to consider whether the reviewing officer's decision was reasonable, rather than focusing on technical errors in language.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal against Judge Faber's order is granted