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ALI & ORS (FC) (Appellants) v BIRMINGHAM CITY COUNCIL (Respondents) & SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT (Intervener) sub nom TOMLINSON v BIRMINGHAM CITY COUNCIL

A decision by a local housing authority under the Housing Act 1996 s.193(5) that it had discharged its duty to secure that accommodation was available for occupation by a homeless applicant was not a determination of that person's "civil rights" within the meaning of the European Convention on Human Rights 1950 art.6(1).

23 February 2010

The appellants (X and Y) appealed against a decision ((2008) EWCA Civ 1228) upholding as lawful the procedure in homelessness cases under which there was a review by a reviewing officer and an appeal to the county court on conventional judicial review grounds. The respondent local housing authority had notified both X and Y that it was satisfied that they were eligible for assistance as homeless persons and that it would be securing accommodation for them. The authority asserted that it had sent them both letters containing an offer of accommodation and warning them that, if they refused the offer without good cause, the authority would consider that it had discharged its duty under Pt VII of the Act. However, both X and Y denied receiving the relevant letters. In both cases, the authority's decision that it had discharged its duty was upheld by a reviewing officer. X and Y brought unsuccessful appeals in the county court. The issues were (i) whether a decision by a local housing au...

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