Gallacher (AP) v Stirling Council For Judicial Review [2000] ScotCS 116 (2 May 2000)

Gallacher (AP) v Stirling Council For Judicial Review [2000] ScotCS 116 (2 May 2000)

Stirling Council's de facto policy for allocating housing to homeless applicants was invalid because it was not published as required by section 21 of the Housing (Scotland) Act 1987. Any decision made in reliance on unpublished elements of the policy is likewise invalid.

Citation
[2000] ScotCS 116
Parties
Petitioner: Hazel Gallacher (AP); Respondents: Stirling Council
Jurisdiction
Scotland
Judgment Date
02 May 2000
Procedural Posture
Judicial Review / Outer House, Court of Session, Opinion
Outcome
Petition sustained in part; declarator and reduction granted.
Legal Topics
Homelessness, Local Authority Housing Allocation, Statutory Interpretation, Policy Publication Requirements
Administrative Law Housing Law Homelessness Local Authority Housing Allocation Statutory Interpretation Policy Publication Requirements

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Parties

Hazel Gallacher (AP)

Petitioner

Stirling Council

Respondents

Procedural Posture

Judicial Review / Outer House, Court of Session, Opinion

Legal Issues

  1. 1 Whether Stirling Council's de facto policy for allocating housing to homeless applicants is invalid for lack of publication under section 21 of the Housing (Scotland) Act 1987
  2. 2 Whether the policy unlawfully fetters discretion or is unduly rigid
  3. 3 Whether the policy unlawfully discriminates against certain homeless applicants

Ratio Decidendi

Stirling Council's de facto policy for allocating housing to homeless applicants was invalid because it was not published as required by section 21 of the Housing (Scotland) Act 1987. Any decision made in reliance on unpublished elements of the policy is likewise invalid.

Court Disposition

Petition sustained in part; declarator and reduction granted.

Orders

  • Declarator that the respondents' de facto policy is invalid for want of publication under section 21 of the Housing (Scotland) Act 1987.
  • Reduction of the decision of 7 December 1998 allocating accommodation to the petitioner under the invalid policy.