Johnson v Lord Mayor and Citizens of Westminster [2013] EWCA Civ 773, [2013] All ER (D) 259 (Jun)
The issue concerned which court had jurisdiction to deal with applications for an interim relief to make an authority provide temporary accommodation, on the correct construction of s 204A of the Housing Act 1996 it was necessary to distinguish three different stages in the proceedings after an authority had given its decision under ss 188, 199 or 200 which had to be to the effect that the application for accommodation was rejected and so any application was for temporary accommodation pending the next stage in the review/appeal process. The first stage was that between the original decision and the review decision given under s 202. Any challenge to a decision of an authority not to grant temporary accommodation pending a review could be challenged but only by seeking judicial review. The second stage was that between a review decision and the final determination by the county court of the main appeal under s 204. An appeal against an authority’s refusal of temporary accommodation could not be brought after the final determination by the county
