Lomotey v London Borough Of Enfield

Lomotey v London Borough Of Enfield

The Review Panel's procedure was not unfair as the substance of the adverse points (collusion and the relationship with Mr Whyte) was put to Ms Lomotey, and she had the opportunity to respond. There was no requirement for a further oral hearing or additional written submissions. The judge at first instance was wrong to find procedural unfairness and to order reconsideration.

Parties
Claimant/respondent: Naomi Lomotey; Defendant/appellant: London Borough of Enfield
Jurisdiction
England and Wales
Judgment Date
07 May 2004
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Intentional Homelessness, Procedural Fairness, Natural Justice, Review of Administrative Decisions
Housing Law Administrative Law Intentional Homelessness Procedural Fairness Natural Justice Review of Administrative Decisions

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Parties

Naomi Lomotey

Claimant/respondent

London Borough of Enfield

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the Review Panel's decision was procedurally unfair for not allowing the applicant to address issues of collusion and her relationship with Mr Whyte
  2. 2 Whether the Review Panel was required to offer an oral hearing or further opportunity for submissions under the relevant regulations

Ratio Decidendi

The Review Panel's procedure was not unfair as the substance of the adverse points (collusion and the relationship with Mr Whyte) was put to Ms Lomotey, and she had the opportunity to respond. There was no requirement for a further oral hearing or additional written submissions. The judge at first instance was wrong to find procedural unfairness and to order reconsideration.

Court Disposition

Appeal allowed

Orders

  • Judgment of the County Court reversed
  • Decision of the Review Panel reinstated