Dostenko v City of Westminster

Dostenko v City of Westminster

The reviewing officer was not required to make further inquiries into the effect of two months' street homelessness on Mr Dostenko in the absence of evidence or representations indicating a material deterioration in his condition. The decision was not unreasonable or unlawful, and there was no important point of principle or compelling reason to grant permission for a second appeal.

Parties
Appellant: Vjacheslav Dostenko; Respondent: City of Westminster
Jurisdiction
England and Wales
Judgment Date
12 December 2007
Procedural Posture
Civil Appeal / Application for Permission to Bring a Second Appeal
Outcome
permission to appeal refused
Legal Topics
Priority Need for Accommodation, Vulnerability Under Housing Act 1996, Duty to Make Inquiries, Homelessness Reviews
Housing Law Administrative Law Priority Need for Accommodation Vulnerability Under Housing Act 1996 Duty to Make Inquiries Homelessness Reviews

Case Brief

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Parties

Vjacheslav Dostenko

Appellant

City of Westminster

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Bring a Second Appeal

Legal Issues

  1. 1 Whether the reviewing officer was required to make further inquiries into the effect of two months' street homelessness on the applicant's vulnerability under s.189(1)(c) Housing Act 1996
  2. 2 Whether failure to make such inquiries vitiated the review decision

Ratio Decidendi

The reviewing officer was not required to make further inquiries into the effect of two months' street homelessness on Mr Dostenko in the absence of evidence or representations indicating a material deterioration in his condition. The decision was not unreasonable or unlawful, and there was no important point of principle or compelling reason to grant permission for a second appeal.

Court Disposition

permission to appeal refused