LW (AP), Re Judicial Review [2015] ScotCS CSOH_162 (04 December 2015)

LW (AP), Re Judicial Review [2015] ScotCS CSOH_162 (04 December 2015)

There was material before the decision-taker on which a finding of intentional homelessness could be made; the petitioner's mental health and support needs were considered, and the decision was not Wednesbury unreasonable or otherwise unlawful.

Citation
[2015] ScotCS CSOH_162
Parties
Petitioner: LW (AP); Respondent: Stirling Council
Jurisdiction
Scotland
Judgment Date
04 December 2015
Procedural Posture
Judicial Review / Outer House, Court of Session – Opinion
Outcome
Petition refused
Legal Topics
Intentional Homelessness, Judicial Review, Mental Health and Capacity, Local Authority Decision Making
Administrative Law Housing Law Intentional Homelessness Judicial Review Mental Health and Capacity Local Authority Decision Making

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Parties

LW (AP)

Petitioner

Stirling Council

Respondent

Procedural Posture

Judicial Review / Outer House, Court of Session – Opinion

Legal Issues

  1. 1 Whether the petitioner was intentionally homeless under section 26 of the Housing (Scotland) Act 1987
  2. 2 Whether the decision failed to properly consider the petitioner's mental health and capacity
  3. 3 Whether the decision was Wednesbury unreasonable

Ratio Decidendi

There was material before the decision-taker on which a finding of intentional homelessness could be made; the petitioner's mental health and support needs were considered, and the decision was not Wednesbury unreasonable or otherwise unlawful.

Court Disposition

Petition refused

Orders

  • Petitioner's pleas in law repelled
  • Respondents' first and third pleas-in-law upheld