Reforming judicial review: The impact on homeless persons cases

Abstract

The homeless are arguably among the most vulnerable members of our society. Since 1977, when the Housing (Homeless Persons) Act was passed, local housing authorities have been under a range of legal duties towards them. The legal entitlements conferred thereby upon the homeless are contingent upon a variety of statutory tests being satisfied. Those aggrieved by decisions taken by housing authorities may have a variety of means of complaint: to councillors, through internal complaints procedures, to the local government ombudsman. Formal legal challenges can, however, be mounted only by way of application for judicial review

By comparison with, for example, social security appeals, which can be triggered by an informal letter at no cost to the appellant, and which are now usually disposed of within three or four months, the homeless will be able to proceed only if they can get legal aid; and if so, may have to wait up to two years for a final decision. Such expense and delay do not seem an appropriate basis for determining matters which will typically be demanding an urgent response

This article considers the likely impact on the homeless applicant for judicial review of the Law Commission's recent Consultation Paper Administrative Law: Judicial Review and Statutory Appeals (Law Commission, 1993).