R (Gilboy) v Liverpool City Council

Subject Matter

HOUSING — Demoted tenancy — Proceedings for possession — Local housing authority officer deciding to terminate demoted tenancy on ground of anti-social behaviour — Senior officer conducting internal review deciding case for possession made out — Tenant claiming judicial review of review officer's decision — Whether review procedure violating Convention right to fair trial by “independent and impartial tribunal” — Whether permissible to delegate review to officer of another authority — Local Government Act 1972, s 101 — Housing Act 1985, s 82A (as inserted by Anti-social Behaviour Act 2003, s 14(2)) — Housing Act 1996, ss 143D-143F (as inserted by Anti-social Behaviour Act 2003, s 14(5), Sch 1, Pt I) — Human Rights Act 1998, Sch 1, Pt I, art 6 — Demoted Tenancies (Review of Decisions) (England) Regulations 2004, reg 2(2)

[2009] QB 699; [2009] 3 WLR 300; [2009] PTSR 987; [2007] LGR 837

Appellate History