Jurisdiction(s):
United Kingdom

Administrative Court (E&W) quashes housing allocation decision for using outdated policy; guidance on discretion and Article 8 damages; no mandatory order in R (MV) v Lewisham LBC

Published on: 19 February 2025

Published by a LexisNexis Local Government expert

Legal News

Article summary

R (on the application of MV) v Lewisham London Borough Council [2025] EWHC 280 (Admin)

What are the practical implications of this case?

Public bodies must ensure they apply the latest policies when taking decisions. In this matter, the London Borough of Lewisham relied on an out-of-date housing policy, so the decision was set aside. After identifying the initial error, the defendant acted prudently and withdrew the later decision to enable a fresh application. Nonetheless, the judgment is a clear reminder to local authorities and housing associations to make sure current policies and procedures are effectively circulated to everyone operating within their organisations, especially those who take decisions. The November 2022 decision was manifestly flawed because it rested on the previous housing allocations policy. That misstep was entirely avoidable. The case also underlines the need to review and refresh policies so that appropriate discretion is woven into the decision-making process...

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