Decision of housing authority not to re-house applicant closer to hospital upheld

By: Ciaran Joyce BL

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Court of Appeal dismisses appeal from High Court, and affirms refusal of judicial review of a decision of a housing authority to refuse to re-house the applicant in premises closer to a hospital and general practitioner's surgery, on the grounds that: (a) the management of the Council’s housing stock was a matter for the housing authorities concerned, and not for the courts; (b) no clear error in the decision-making process had been established by the disappointed applicant for re-housing; and (c) the trial judge had given adequate reasons for her decision.

Housing law – appeal of High Court refusal to quash a decision of a council refusing the applicants’ request to be re-housed in premises adapted to particular needs and situated within five miles of Cork University Hospital and their GP’s surgery – s. 20 of the Housing (Miscellaneous Provisions) Act 2009 – whether the applicants an unfettered right to veto a rational choice made by the housing authority, or to choose accommodation – Article 25(b)(i) of the Assessment Regulations 2011 – section G of the Housing Scheme – Article 8 of the European Convention on Human Rights – impermissible breach of the separation of powers – management of the Council’s housing stock is very much a matter for the housing authorities concerned in the first instance, and not for the courts – appeal dismissed

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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