Morgan v. Stirling Council [2006] ScotCS CSOH_154 (10 October 2006)

Morgan v. Stirling Council [2006] ScotCS CSOH_154 (10 October 2006)

The respondents applied the correct legal test by comparing the petitioner's vulnerability to that of the ordinary homeless person, and their decision that the petitioner was not in priority need was not unreasonable or irrational in the Wednesbury sense.

Citation
[2006] ScotCS CSOH_154
Parties
Petitioner: Charlene Claire Morgan; Respondent: Stirling Council
Jurisdiction
Scotland
Judgment Date
10 October 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition refused
Legal Topics
Homelessness, Priority Need, Vulnerability Assessment, Judicial Review, Local Authority Discretion
Administrative Law Housing Law Homelessness Priority Need Vulnerability Assessment Judicial Review Local Authority Discretion

Case Brief

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Parties

Charlene Claire Morgan

Petitioner

Stirling Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the respondent applied the correct legal test for 'vulnerability' under section 25(1)(c) of the Housing (Scotland) Act 1987
  2. 2 Whether the respondent's decision that the petitioner was not in priority need was unreasonable in the Wednesbury sense

Ratio Decidendi

The respondents applied the correct legal test by comparing the petitioner's vulnerability to that of the ordinary homeless person, and their decision that the petitioner was not in priority need was not unreasonable or irrational in the Wednesbury sense.

Court Disposition

petition refused