Wahid v London Borough Of Tower Hamlets, Court of Appeal - Administrative Court, September 06, 2001, [2001] EWHC Admin 641

Reporting Judge: [2001] EWHC Admin 641

President: Wahid v London Borough Of Tower Hamlets

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Wahid v London Borough Of Tower Hamlets, Court of Appeal - Administrative Court, September 06, 2001, [2001] EWHC Admin 641

Case No: CO/1957/2001

Neutral Citation Number: [2001] EWHC Admin 641

IN THE HIGH COURT OF JUSTICE

QUEENS BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand,

London, WC2A 2LL

Thursday 23 August 2001

B e f o r e :

THE HONOURABLE MR JUSTICE STANLEY BURNTON

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THE QUEEN ON THE APPLICATION OF

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(Transcript of the Handed Down Judgment of

Smith Bernal Reporting Limited, 190 Fleet Street

London EC4A 2AG

Tel No: 020 7421 4040, Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

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James Goudie QC and Zia Nabi (instructed by Miles & Partners) for the Claimant

Stephen Knafler (instructed by Mr Akin Alabi, London Borough of Tower Hamlets Legal Department) for the Defendant

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Judgment

As Approved by the Court

Mr Justice Stanley Burnton:

Introduction

1. This case is concerned with the relationship between the duty of a local authority under section 21 of the National Assistance Act 1948 as amended and its duties under other legislation, and in particular the Housing Act 1996. The essential question before me is whether the Claimant, who suffers from schizophrenia, whose mental condition is vulnerable, and whose mental health may be affected by his and his family's desperately overcrowded accommodation, is entitled to suitable accommodation provided by the Local Authority Defendant pursuant to section 21, irrespective of its resources, including the availability to it of suitable affordable housing, and the requirements of other applicants for housing. The answer to this question has obvious implications for the allocation by local authorities of their limited supply of affordable housing. At the heart of the case are the decisions of Scott Baker J ...

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