Jurisdiction(s):
United Kingdom

Housing allocation: anti-social behaviour exclusions, disability and Equality Act—residual discretion not required in R (Willott) v Eastbourne BC [2024] under HA 1996 s166A (England and Wales)

Published on: 08 February 2024

Published by a LexisNexis Local Government expert

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Article summary

R (on the application of Willott) v Eastbourne Borough Council [2024] EWHC 113 (Admin)

What are the practical implications of this case?

The authority’s lettings scheme, and its adverse decision against the claimant under that framework, ultimately survived scrutiny; nonetheless, the judgment is essential reading for any council operating a Part VI Housing Act 1996 (HA 1996) allocations policy that permits applicants to be barred, particularly on the basis of anti-social behaviour (ASB) or misconduct. It is equally pertinent to the entitlements of disabled housing applicants where conduct may have been shaped by the disability itself. Of broader relevance is the analysis of whether a scheme must contain a mechanism for residual discretion, enabling the authority to take exceptional decisions in suitable cases. The court surveys the case law on this topic in depth (para [98]). The judge encapsulates the position by concluding that nothing in the statutory code allows an authority to retain a free-standing residual power to place on its register those who would not otherwise be eligible. The statute, at most, authorises the local housing authority, in its discretion, to incorporate such a provision. There is no duty to provide an exceptions gateway; inclusion remains optional. This...

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