Housing Allocation Policy—judicial review of banding and priority dates (R (on the application of Gloria Elsy Rodriguez Robles) v Lewisham London Borough Council)
Local Government analysis: This judicial review concerned Lewisham Council’s 2022 Housing Allocation Policy and its impact on Gloria Elsy Rodriguez Robles, a long-standing applicant on the housing register. Ms Rodriguez lived in a one-bedroom flat with her adult daughter in conditions which were later accepted as being statutorily overcrowded. Under the council’s previous scheme drafted in 2017, Ms Robles was placed in Band 3 (moderate priority) with effect from May 2021. However, following policy reform in 2022, she was reclassified to Band 4 (low priority), as the new scheme distinguished between statutory and non-statutory overcrowding. Ms Robles submitted a change of circumstances form in December 2022, and as a result she was reassessed and placed back into Band 3. However, her Band date was reset to 27 December 2022, rather than retaining her original date of 10 May 2021. Ms Robles challenged that decision, arguing that her circumstances had not changed and therefore she should retain her earlier priority. Hugo Keith KC, sitting as a Deputy High Court Judge dismissed the claim. It was held that Lewisham had lawfully exercised its discretion under the Housing Act 1996 (HA 1996). The 2022 scheme was a substantive policy change, not a continuation of the previous framework. The Council was entitled to reclassify applicants and reset Band dates to reflect current eligibility. The scheme was not irrational, nor was the council’s application of it unlawful. While the communication around the change was imperfect, it did not invalidate the policy or its implementation. Written by Clive Adams, partner at Birketts LLP.