Atach, R (On the Application Of) v Westminster City Council

The council's decision to refuse a further homelessness application was lawful because a proper offer of accommodation was made and refused, the review process was followed, and there was no change in circumstances. The court found no arguable basis that the decision was irrational or unlawful.

Parties: Claimant: Aaba Atach; Defendant: Westminster City Council
Jurisdiction: England and Wales
Judgment Date: 18 June 2013
Procedural Posture: Judicial Review / Renewed Application for Permission to Apply for Judicial Review
Outcome: Permission for judicial review refused
Legal Topics: Homelessness Applications, Judicial Review Procedure, Local Authority Duties

Administrative Law Housing Law Homelessness Applications Judicial Review Procedure Local Authority Duties

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Aaba Atach

Claimant

Westminster City Council

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review

Legal Issues

1 Whether Westminster City Council's refusal on 14 March 2013 to treat the claimant as homeless was lawful
2 Whether there was a proper offer of accommodation and whether the claimant had proper time to consider it
3 Whether the council's decision was irrational or unlawful

Ratio Decidendi

Court Disposition

Permission for judicial review refused

Orders

Injunction issued against Apex not to destroy or dispose of claimant's belongings for 28 days or until the application is considered