Hillsden, R (on the application of) v Epping Forest District Council

Hillsden, R (on the application of) v Epping Forest District Council

The Council's Housing Allocations Scheme does not confer discretion to admit non-qualifying applicants in exceptional circumstances; the absence of such discretion is not unlawful under the Housing Act 1996, nor does it breach public law principles or Ministerial Guidance, which is advisory only.

Parties
Claimant: Sara Hillsden; Defendant: Epping Forest District Council
Jurisdiction
England and Wales
Judgment Date
07 January 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Local Authority Housing Allocation, Statutory Interpretation, Fettering of Discretion, Ministerial Guidance
Administrative Law Housing Law Judicial Review Local Authority Housing Allocation Statutory Interpretation Fettering of Discretion Ministerial Guidance

Case Brief

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Parties

Sara Hillsden

Claimant

Epping Forest District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council's Housing Allocations Scheme unlawfully fetters discretion by excluding exceptional cases from qualifying for the housing register
  2. 2 Whether the Scheme is incompatible with Ministerial Guidance under section 169 of the Housing Act 1996
  3. 3 Whether the Scheme is ultra vires or irrational under public law principles

Ratio Decidendi

The Council's Housing Allocations Scheme does not confer discretion to admit non-qualifying applicants in exceptional circumstances; the absence of such discretion is not unlawful under the Housing Act 1996, nor does it breach public law principles or Ministerial Guidance, which is advisory only.

Court Disposition

Application dismissed

Orders

  • Claimant's application for judicial review is dismissed.
  • Permission to appeal refused.