Ali v Birmingham City Council

Subject Matter

LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation — Local authority's reviewing officer determining simple issue of primary fact against applicant — Whether officer constituting “independent and impartial tribunal” — Whether such independence necessary — Whether review by officer an issue of primary fact and appeal to court or judicial review grounds sufficient to guarantee compliance with Convention right to fair hearing — Housing Act 1996, ss 202, 204 — Human Rights Act 1998, Sch 1, Pt I, art 6(1)

[2008] EWCA Civ 1228; [2009] PTSR CS11; [2009] 2 All ER 501; [2009] LGR 1; [2009] HLR 23, CA

LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation — Applicants asserting letter explaining consequences of refusal never received — Local housing authority officer reviewing cases and concluding authority's duty to applicants discharged — Applicants alleging review procedures not compatible with their rights to fair determination of civil rights — Whether local authority's statutory duty to homeless persons giving rise to “civil rights” — Housing Act 1996 (as amended by Homelessness Act 2002, ss 6(1), 7(1)(2), 8(1)(2), 18, Sch 1, para 16, Sch 2, para 1 and Housing and Regeneration Act 2008, s 314, Sch 15, Pt 1, para 7(2)), ss 193, 202, 204 — Human Rights Act 1998, Sch 1, Pt I, art 6(1)

[2010] UKSC 8; [2010] 2 AC 39; [2010] 2 WLR 471; [2010] PTSR 524; [2010] 2 All ER 175; [2010] LGR 401; [2010] WLR (D) 86; Case details, SC(E)

Appellate History

Commentary

Blackstones Civil Practice 2023
Articles of the Convention Incorporated into the Human Rights Act 1998 - Article 6: right to a fair trial - Scope of art. 6(1) 91.20

Right to a Fair and Public Hearing and Civil Litigation - Independent and impartial tribunal 91.48