header-logo header-logo

Home Login E-newsletter About us
29 January 2009 / Jamie Burton
Issue: 7354 / Categories: Features , Public , Landlord&tenant , Housing
printer mail-detail

An impartial review?

© Copyright LexisNexis 2026. All Rights Reserved.

Jamie Burton outlines the route of appeal for dissatisfied council tenants

* * * * * *
In Ali v Birmingham City Council; Ibrahim v Birmingham City Council; Tomlinson v Birmingham City Council [2008] EWCA Civ 1228 two single mothers had been accepted by the council as being entitled to accommodation pursuant to Pt VII of the Housing Act 1996. However the council was entitled to treat its duty to the claimants as being discharged as they had each refused an offer of accommodation after having been warned in writing of the consequences of refusing a suitable offer of accommodation. Both claimants maintained that they did not receive the letter containing the written warning and that therefore the council remained under a duty to accommodate them.

Applicants under Pt VII are entitled to have decisions reviewed by a more senior officer. Applicants who remain dissatisfied with a decision on review may then appeal to the county court “on a point of law”, in a challenge akin to judicial review. In this case both

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Zylpha LogoClick to know more
NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
Read All
NLJ this week: Reframing family dispute resolution
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
NLJ this week: Employment law updates on restraints, representation & tribunal boundaries
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
NLJ this week Civil way: Practical procedure lessons & cautionary tales
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
NLJ this week: Fraud in the digital age

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

NLJ this week: Right outcome, troubling reasoning?
How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Copyright © 2026 LexisNexis
back-to-top-scroll