Jamie Burton outlines the route of appeal for dissatisfied council tenants
In Ali v Birmingham City Council; Ibrahim v Birmingham City Council; Tomlinson v Birmingham City Council [2008] EWCA Civ 1228 two single mothers had been accepted by the council as being entitled to accommodation pursuant to Pt VII of the Housing Act 1996. However the council was entitled to treat its duty to the claimants as being discharged as they had each refused an offer of accommodation after having been warned in writing of the consequences of refusing a suitable offer of accommodation. Both claimants maintained that they did not receive the letter containing the written warning and that therefore the council remained under a duty to accommodate them.
Applicants under Pt VII are entitled to have decisions reviewed by a more senior officer. Applicants who remain dissatisfied with a decision on review may then appeal to the county court “on a point of law”, in a challenge akin to judicial review. In this case both claimants appealed to the county court against review decisions in which the review officer had found that they
