London Borough of Lambeth v "A" [2002] EWCA Civ 1084 (23 July 2002)

London Borough of Lambeth v "A" [2002] EWCA Civ 1084 (23 July 2002)

Lambeth's allocation scheme is unlawful because it fails to secure that reasonable preference is given to statutory categories under s.167(2) of the Housing Act 1996, as non-preference applicants can compete equally with those entitled to preference, and the scheme lacks a rational mechanism for cumulative need assessment.

Citation
[2002] EWCA Civ 1084
Parties
Appellant/claimant: London Borough of Lambeth; Respondent: A; Respondent: Lindsay
Jurisdiction
England and Wales
Judgment Date
23 July 2002
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Lawfulness of Local Authority Housing Allocation Scheme
Outcome
Appeals dismissed; declarations of unlawfulness upheld.
Legal Topics
Housing Allocation Schemes, Statutory Interpretation, Reasonable Preference, Homelessness, Judicial Review of Local Authority Policy
Administrative Law Housing Law Local Government Law Housing Allocation Schemes Statutory Interpretation Reasonable Preference Homelessness Judicial Review of Local Authority Policy

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Parties

London Borough of Lambeth

Appellant/claimant

A

Respondent

Lindsay

Respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Lawfulness of Local Authority Housing Allocation Scheme

Legal Issues

  1. 1 Whether Lambeth's housing allocation scheme complies with section 167(2) of the Housing Act 1996 by securing reasonable preference for statutory categories
  2. 2 Whether the scheme unlawfully allows non-preference applicants to compete equally with those entitled to preference
  3. 3 Whether the scheme provides a mechanism for cumulative or composite need assessment as required by law

Ratio Decidendi

Lambeth's allocation scheme is unlawful because it fails to secure that reasonable preference is given to statutory categories under s.167(2) of the Housing Act 1996, as non-preference applicants can compete equally with those entitled to preference, and the scheme lacks a rational mechanism for cumulative need assessment.

Court Disposition

Appeals dismissed; declarations of unlawfulness upheld.

Orders

  • Lambeth's housing allocation scheme declared unlawful for failure to comply with s.167(2) Housing Act 1996.
  • No order for damages or specific performance.