Writing Homelessness Decision Letters CIH Training: November 2011

Writing Homelessness Decision LettersCIH Training: November 2011 Guy Wardle

Two Routes for challenge • Judicial Review • Review & County Court Appeal • For both the above, the principles of public law provide the legal grounds

Powers of the Court • Injunction • Confirm decision • quash & require authority to make a new decision • vary the decision

Public decision making • Must take into account all relevant factors & disregard the irrelevant • the decision must be based on the facts • a decision must be reached on each individual case • the decision must not be one to which no reasonable authority could have come

Public decision making • the authority must direct themselves properly in law • Must have regard to the code of guidance • A “legitimate expectation” must be met • decisions must be made by those who have the legal power to do so

Public decision making • In all cases the Authority must act fairly, or in accordance with natural justice • the authority must not act in bad faith or dishonestly

Writing Homelessness Decision Letters CIH Training: November 2011

Writing Homelessness Decision Letters CIH Training: November 2011

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