Rowley v Rugby Borough Council [2006] EWCA Civ 1755 (23 November 2006)

Rowley v Rugby Borough Council [2006] EWCA Civ 1755 (23 November 2006)

There are arguable points that the local authority may have failed to comply with procedural requirements under regulation 8(2) and may not have afforded the appellant procedural fairness, warranting permission to appeal.

Citation
[2006] EWCA Civ 1755
Parties
Claimant/appellant: Rowley; Defendant/respondent: Rugby Borough Council
Jurisdiction
England and Wales
Judgment Date
23 November 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal (renewed Application)
Outcome
Permission to appeal granted
Legal Topics
Intentional Homelessness, Homelessness Review Procedures, Procedural Fairness, Housing Act 1996, Allocation of Housing and Homelessness (review Procedures) Regulations 1999
Housing Law Administrative Law Intentional Homelessness Homelessness Review Procedures Procedural Fairness Housing Act 1996 Allocation of Housing and Homelessness (review Procedures) Regulations 1999

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Parties

Rowley

Claimant/appellant

Rugby Borough Council

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the local authority erred in finding the appellant intentionally homeless
  2. 2 Whether the review procedure under regulation 8(2) was properly followed
  3. 3 Whether procedural fairness was afforded to the appellant in the review process

Ratio Decidendi

There are arguable points that the local authority may have failed to comply with procedural requirements under regulation 8(2) and may not have afforded the appellant procedural fairness, warranting permission to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal is granted