Ayiwe, R (on the application of) v London Borough Of Hackney [2001] EWCA Civ 2055 (21 December, 2001)

Ayiwe, R (on the application of) v London Borough Of Hackney [2001] EWCA Civ 2055 (21 December, 2001)

It was rationally open to the local authority to conclude, based on the applicant's full-time education during the qualifying period, that her residence was mainly for education, thus excluding her from student support under the regulations.

Citation
[2001] EWCA Civ 2055
Parties
Claimant/applicant: Ediri Ayiwe; Defendant/respondent: London Borough of Hackney
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Student Support Eligibility, Ordinary Residence, Judicial Review Standards
Administrative Law Education Law Student Support Eligibility Ordinary Residence Judicial Review Standards

Case Brief

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Parties

Ediri Ayiwe

Claimant/applicant

London Borough of Hackney

Defendant/respondent

Procedural Posture

Judicial Review / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicant was ineligible for student support due to being in the UK mainly for education during the qualifying period
  2. 2 Whether the local authority's factual determination was open to judicial review

Ratio Decidendi

It was rationally open to the local authority to conclude, based on the applicant's full-time education during the qualifying period, that her residence was mainly for education, thus excluding her from student support under the regulations.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused