In the judicial review claim, the claimant’s grounds included that the defendant had acted unlawfully in choosing an option for the housing estate redevelopment which failed to meet its own mandatory criterion of the scheme having a positive Net Present Value, the resident consultation being unfair and unlawful in failing to provide proper information, and the decision breached ECHR, first protocol, art 1 by interfering with the rights of secure tenants to rely upon a statutory right to buy.
The claim failed as the discretion afforded to the local authority to manage its houses by the Housing Act 1985, s 21(1) is very broad and the decision was not one that no reasonable local authority would have made. The concerns surrounding the way in which the officers’ report to the Cabinet advised members about certain aspects proposed in the The People’s Plan were held to be unfounded and the court did not find the Cabinet to have been misled. Therefore the claim for judicial review was dismissed.
David Wolfe QC was involved in this case.