Gentle v London Borough of Wandsworth

Gentle v London Borough of Wandsworth

Even if there was a procedural irregularity in failing to notify the applicant under regulation 8(2), there was no compelling reason or manifest injustice warranting a second appeal, as the applicant's case was fully considered on the medical evidence by the time of the review.

Parties
Applicant/appellant: Kathleen Gentle; Respondent/respondent: London Borough of Wandsworth
Jurisdiction
England and Wales
Judgment Date
03 November 2005
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Application refused
Legal Topics
Homelessness, Judicial Review, Procedural Fairness, Appeals Process
Housing Law Administrative Law Homelessness Judicial Review Procedural Fairness Appeals Process

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Parties

Kathleen Gentle

Applicant/appellant

London Borough of Wandsworth

Respondent/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the reviewing officer failed to comply with regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 by not notifying the applicant of an alleged irregularity in the original decision
  2. 2 Whether the failure to give proper reasons in the original decision letter constituted a procedural irregularity justifying a second appeal

Ratio Decidendi

Even if there was a procedural irregularity in failing to notify the applicant under regulation 8(2), there was no compelling reason or manifest injustice warranting a second appeal, as the applicant's case was fully considered on the medical evidence by the time of the review.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused