Ealing Council v Purewal
The judge erred in varying the council's review decision to a finding of homelessness based on evidence not considered by the council; the proper remedy was to quash the decision and remit for reconsideration, as there was a real prospect further investigation could produce a different outcome.
- Parties
- Appellant: Ealing Council; Respondent: Purewal
- Jurisdiction
- England and Wales
- Judgment Date
- 05 November 2013
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment
- Outcome
- appeal allowed
- Legal Topics
- Homelessness, Judicial Review, Statutory Appeals, Reasonableness of Accommodation, Failure to Consider Relevant Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Ealing Council
Appellant
Purewal
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the council's review decision was legally flawed for failing to consider relevant evidence regarding alleged sexual assault
- 2 Whether the judge was entitled to vary the council's decision to a finding of homelessness rather than remit for reconsideration
Ratio Decidendi
The judge erred in varying the council's review decision to a finding of homelessness based on evidence not considered by the council; the proper remedy was to quash the decision and remit for reconsideration, as there was a real prospect further investigation could produce a different outcome.
Court Disposition
appeal allowed
Orders
- The judge's order varying the review decision to a finding of homelessness is set aside.
- The council's review decision is quashed and the matter is remitted to the council for reconsideration.
Full Case Text
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