- Local authority refusal to accommodate NRPF applicant during COVID-19 pandemic unlawful for failure to have regard to central government ‘Everyone In’ policy (R (Cort) v London Borough of Lambeth)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: The claimant sought judicial review of the defendant’s refusal to exercise its discretionary powers under section 138 of the Local Government Act 1972 and / or section 2B of the National Health Service Act 2006 to provide her with emergency accommodation in line with the central government ‘Everyone In’ policy during the coronavirus (COVID-19) pandemic. The High Court held that the local authority’s decision was unlawful because it had failed to adopt any policy or criteria to indicate how the national ‘Everyone In’ initiative was being interpreted and applied. As such it had not properly taken account of the national policy and its decision-making process had been flawed. Written by Siân McGibbon, barrister at 4-5 Gray’s Inn Square.
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