Essays On Judicial Review

Essays On Judicial Review-47
The Local Housing authority has also acted in accordance with Section 7, as the legislation outlined here grants them the power to force tenants to move to alternative housing when the house has 2 bedrooms or more yet is occupied by one person only and/or the Local Housing Authority in “its absolute discretion” believes that requiring an individual be re-located would ensure proper management of public housing.

The Local Housing authority has also acted in accordance with Section 7, as the legislation outlined here grants them the power to force tenants to move to alternative housing when the house has 2 bedrooms or more yet is occupied by one person only and/or the Local Housing Authority in “its absolute discretion” believes that requiring an individual be re-located would ensure proper management of public housing.In this case, the local housing authority is protected by the language used in the Public Housing Act 2010.Judicial Review is the reassessment of the legality of actions or decisions made by those in position of public authority or bodies.

The use of the words ‘power to force’ in section 1 of the act and also the use of the words ‘in its absolute discretion’ in section 7(2) covers the actions of the public authority.

A literal approach to the legislation would be welcomed here in the defence of the housing authority.

In this case, Bromley Council acted outside of the scope of their authority which had in fact been set down in legislation.

The rising of taxpayer’s rates had been increased in this case to subsidise local public transport in London.

It could be said that perhaps the courts have taken a somewhat restricted view of locus standi by holding that only those directly affected by an administrative action should have standing to apply for a review.

However, in the case IRC v National Federation of Self-Employed and Small Businesses Ltd [1981] when referring to those who should be able to apply for Judicial Review on the basis of locus standi, Lord Roskill stated it “impossible to find a phrase which was exhaustive or definitive of the class of person entitled to apply for judicial review”.

If however, the power that the decision maker has is exceeded or acted outside of, then the actions would be considered to be ultra vires.

We see an example of such powers being exceeded in Bromley Council v Greater London Council [1983].

The court has to investigate as to whether there was lawful and fair action taken by the public body when reaching its decision.

Judicial Review is not a process of appeal and must only be used when all other avenues of resolution have failed.

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