Faarah, R (on the application of) v London Borough of Southwark

Faarah, R (on the application of) v London Borough of Southwark

Southwark acted unlawfully by applying an unpublished administrative practice that did not reflect the published criteria for medical priority in its allocation scheme, thereby failing to allocate housing in accordance with its statutory duty. Ms Faarah and others similarly situated were wrongly denied appropriate banding under the new scheme.

Parties
Applicant/respondent: Ms Faarah; Respondent/appellant: Mayor and Burgesses of the London Borough of Southwark
Jurisdiction
England and Wales
Judgment Date
11 July 2008
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed save for setting aside one declaration; main relief to applicant upheld.
Legal Topics
Local Authority Housing Allocation, Judicial Review of Administrative Action, Statutory Interpretation, Unlawful Administrative Practice, Transitional Arrangements in Public Schemes
Administrative Law Housing Law Local Authority Housing Allocation Judicial Review of Administrative Action Statutory Interpretation Unlawful Administrative Practice Transitional Arrangements in Public Schemes

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Parties

Ms Faarah

Applicant/respondent

Mayor and Burgesses of the London Borough of Southwark

Respondent/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether Southwark's administrative practice in transposing medical points to banding under the new housing allocation scheme was lawful
  2. 2 Whether Ms Faarah should have been registered in a higher priority band and with what priority date under the new scheme

Ratio Decidendi

Southwark acted unlawfully by applying an unpublished administrative practice that did not reflect the published criteria for medical priority in its allocation scheme, thereby failing to allocate housing in accordance with its statutory duty. Ms Faarah and others similarly situated were wrongly denied appropriate banding under the new scheme.

Court Disposition

Appeal dismissed save for setting aside one declaration; main relief to applicant upheld.

Orders

  • Paragraph 2(ii) of the High Court order set aside; all other orders and declarations upheld.
  • Declaration that Southwark's transitional arrangements for medical points to banding were unlawful.