El-Dinnaoui v Westminster City Council
The Review Officer's finding that the 16th floor flat was suitable for the appellant's family was irrational and perverse in light of unrefuted medical evidence of Mrs El-Dinnaoui's acute anxiety and panic attacks triggered by heights; the Authority failed to give proper weight to medical advice and should have sought further medical opinion if doubting veracity.
- Parties
- Appellant: Fadi El-Dinnaoui; Respondent: Westminster City Council
- Jurisdiction
- England and Wales
- Judgment Date
- 20 March 2013
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Suitability of Accommodation, Public Authority Duty, Medical Evidence, Irrationality, Review Decisions
Case Brief
Summary, issues, holding and outcome
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Parties
Fadi El-Dinnaoui
Appellant
Westminster City Council
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the Review Officer made sufficient enquiries regarding Mrs El-Dinnaoui's fear of heights
- 2 Whether the Review Officer properly distinguished between a general dislike and an irrational fear of heights
- 3 Whether the decision to deem the 16th floor flat suitable was irrational or perverse
Ratio Decidendi
The Review Officer's finding that the 16th floor flat was suitable for the appellant's family was irrational and perverse in light of unrefuted medical evidence of Mrs El-Dinnaoui's acute anxiety and panic attacks triggered by heights; the Authority failed to give proper weight to medical advice and should have sought further medical opinion if doubting veracity.
Court Disposition
appeal allowed
Orders
- decision of the Review Officer quashed
Full Case Text
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