Bewry, R (on the application of) v Norwich City Council [2001] EWHC Admin 657 (31 July 2001)

Bewry, R (on the application of) v Norwich City Council [2001] EWHC Admin 657 (31 July 2001)

The Housing Benefit Review Board, composed of councillors from the local authority, lacked the necessary independence and impartiality required by common law and Article 6 ECHR, as it was directly connected to a party to the dispute. The limited scope of judicial review could not cure this structural deficiency,...

Source-derived case information.

Citation
[2001] EWHC Admin 657
Parties
Claimant: Raymond R Bewry; First Defendant: Norwich City Council; Second Defendant: Secretary of State (represented by Treasury Solicitor)
Jurisdiction
England and Wales
Judgment Date
31 July 2001
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim allowed; decision of Review Board quashed; matter remitted to appeal tribunal.
Legal Topics
Right to Fair Trial, Tribunal Independence, Housing Benefit Entitlement, Article 6 ECHR, Common Law Constitutional Rights
Administrative Law Human Rights Law Social Security Law Right to Fair Trial Tribunal Independence Housing Benefit Entitlement Article 6 ECHR Common Law Constitutional Rights

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Summary, issues, holding and outcome

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Parties

Raymond R Bewry

Claimant

Norwich City Council

First Defendant

Secretary of State (represented by Treasury Solicitor)

Second Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Housing Benefit Review Board constituted by councillors of the local authority is an independent and impartial tribunal as required by common law and Article 6 ECHR
  2. 2 Whether the lack of independence can be cured by judicial review
  3. 3 Whether the claimant was deprived of a fair hearing due to structural bias

Ratio Decidendi

The Housing Benefit Review Board, composed of councillors from the local authority, lacked the necessary independence and impartiality required by common law and Article 6 ECHR, as it was directly connected to a party to the dispute. The limited scope of judicial review could not cure this structural deficiency, especially where primary facts were in dispute. The claimant was deprived of his right to a determination by an independent tribunal. The decision of the Review Board was quashed and the matter remitted to an independent appeal tribunal.

Court Disposition

Claim allowed; decision of Review Board quashed; matter remitted to appeal tribunal.

Orders

  • Decision of the Housing Benefit Review Board quashed
  • Case remitted to an appeal tribunal under regulation 4(3) of the Transitional Regulations 2001