R (on the application of Gilboy) v Liverpool CC and interested party [electronic resource]
R (on the application of Gilboy) v Liverpool CC and interested party [electronic resource]
- 2007
[2007] EWHC 2335, 27 September 2007. Considers whether demoted tenancy regulations and the European Convention of Human Rights are compatible. The defendant local authority (L) obtained a tenancy demotion order against the tenant (G) owing to her son's antisocial and criminal behaviour. Following allegations of further antisocial behaviour, L decided to terminate G's demoted tenancy. G requested a review of this decision, which a senior officer upheld. G then applied for a judicial review, arguing that article 6 of the European Convention of Human Rights applied, giving her right to a fair hearing. G argued that the reviewing officer was not independent in an impartial and lawful tribunal. The Secretary of State was included as an interested party, stating that there was no distinction in the legislation between introductory and demoted tenancies. "Held": The case of McLellan v Bracknell Forest BC (ABS65751) established that introductory tenancies were compatible with article 6. The 2004 regulations are also compatible with article 6. An internal local authority review together with the option of a judicial review was considered to satisfy article 6 requirements. A review by a local authority officer could be considered as a review by independent and impartial tribunal. Application refused.
GILBOY V LIVERPOOL CC AND INTERESTED PARTY
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
DEMOTED TENANCIES (REVIEW OF DECISIONS) (ENGLAND) REGULATIONS 2004
HOUSING ACT 1985
HOUSING ACT 1996
ANTI-SOCIAL BEHAVIOUR ACT 2003
MCLELLAN V BRACKNELL FOREST BC AND ANOTHER
England and Wales--1543-
[2007] EWHC 2335, 27 September 2007. Considers whether demoted tenancy regulations and the European Convention of Human Rights are compatible. The defendant local authority (L) obtained a tenancy demotion order against the tenant (G) owing to her son's antisocial and criminal behaviour. Following allegations of further antisocial behaviour, L decided to terminate G's demoted tenancy. G requested a review of this decision, which a senior officer upheld. G then applied for a judicial review, arguing that article 6 of the European Convention of Human Rights applied, giving her right to a fair hearing. G argued that the reviewing officer was not independent in an impartial and lawful tribunal. The Secretary of State was included as an interested party, stating that there was no distinction in the legislation between introductory and demoted tenancies. "Held": The case of McLellan v Bracknell Forest BC (ABS65751) established that introductory tenancies were compatible with article 6. The 2004 regulations are also compatible with article 6. An internal local authority review together with the option of a judicial review was considered to satisfy article 6 requirements. A review by a local authority officer could be considered as a review by independent and impartial tribunal. Application refused.
GILBOY V LIVERPOOL CC AND INTERESTED PARTY
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
DEMOTED TENANCIES (REVIEW OF DECISIONS) (ENGLAND) REGULATIONS 2004
HOUSING ACT 1985
HOUSING ACT 1996
ANTI-SOCIAL BEHAVIOUR ACT 2003
MCLELLAN V BRACKNELL FOREST BC AND ANOTHER
England and Wales--1543-