Sian Ivory v Welwyn Hatfield Borough Council

Sian Ivory v Welwyn Hatfield Borough Council

Ms Ivory's new application was not based on exactly the same facts as her previous application because it was supported by significant new expert evidence from a consultant psychiatrist. The Council was not entitled to reject the application at the threshold stage or to investigate the accuracy of the new evidence before accepting the application. The Council's decision to reject the application was unlawful and must be quashed.

Parties
Claimant: Sian Ivory; Defendant: Welwyn Hatfield Borough Council
Jurisdiction
England and Wales
Judgment Date
17 January 2025
Procedural Posture
Judicial Review / Court of Appeal Judgment on Application for Judicial Review
Outcome
Claim allowed; Council's decision quashed
Legal Topics
Homelessness Applications, Successive Applications Under Housing Act 1996, Intentional Homelessness, Judicial Review Standards, Fresh Evidence in Administrative Decisions
Administrative Law Housing Law Homelessness Applications Successive Applications Under Housing Act 1996 Intentional Homelessness Judicial Review Standards Fresh Evidence in Administrative Decisions

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Parties

Sian Ivory

Claimant

Welwyn Hatfield Borough Council

Defendant

Procedural Posture

Judicial Review / Court of Appeal Judgment on Application for Judicial Review

Legal Issues

  1. 1 Whether the Council was justified in rejecting Ms Ivory's fresh homelessness application as based on the same facts as a previous application
  2. 2 Whether new psychiatric evidence constituted a 'new fact' requiring the Council to consider the application
  3. 3 Whether the Council was entitled to investigate the accuracy of the new evidence at the threshold stage

Ratio Decidendi

Ms Ivory's new application was not based on exactly the same facts as her previous application because it was supported by significant new expert evidence from a consultant psychiatrist. The Council was not entitled to reject the application at the threshold stage or to investigate the accuracy of the new evidence before accepting the application. The Council's decision to reject the application was unlawful and must be quashed.

Court Disposition

Claim allowed; Council's decision quashed

Orders

  • The Council's decision to reject Ms Ivory's application is quashed.
  • The Council must make inquiries under section 184 of the Housing Act 1996 in respect of Ms Ivory's application.