Patricia Helen Roman Montaño, R (on the application of) v The London Borough of Lambeth
| Judge | Mr Jonathan |
| Neutral Citation | [2024] EWHC 249 (Admin) |
| Date | 08 February 2024 |
| Counsel | Mr Matthew Ahluwalia,Ms. Catherine Rowlands |
| Year | 2024 |
| Court | King's Bench Division (Administrative Court) |
Neutral Citation Number: [2024] EWHC 249 (Admin)
IN THE HIGH COURT OF JUSTICE
KING’SBENCHDIVISION
ADMINISTRATIVECOURT
Case No: CO/2864/2023/
AC-2023-LON-002356
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 8 February 2024
Before:
MrJonathanGlassonKCsittingasaDeputyJudgeoftheHighCourt
- - - - - - - - - - - - - - - - - - - - -
Between:
THEKING
Ontheapplicationof
MSPATRICIAHELENROMANMONTAÑO
Claimant
-and-
THELONDONBOROUGHOFLAMBETH Defendant
- - - - - - - - - - - - - - - - - - - - -
MrMatthewAhluwalia(instructedbyGTStewartSolicitors)fortheClaimant
Ms.CatherineRowlands(instructedbyLondonBoroughofLambethLegal
Services)fortheDefendant
Hearing date: 12th December 2023
- - - - - - - - - - - - - - - - - - - - -
ApprovedJudgment
Thisjudgmentwashanded down remotelyat 10.30 a.m.on8February2024 bycirculationto the
partiesortheirrepresentativesbye-mailandbyreleasetotheNationalArchives.
MrJonathanGlassonKCsittingasaDeputyJudgeoftheHighCourt
ApprovedJudgment
.
R (oao Montaño) v LB Lambeth
Page 2
MRJONATHANGLASSONKCSITTINGASADEPUTYJUDGEOFTHEHIGH
COURT:
1. Mrs Patricia Montaño (“the Claimant”) seeks to challenge the ongoing failure of the
London Borough of Lambeth (“the Defendant”) to make a decision in relation to a request
made by the Claimant on 15 March 2023 to backdate the qualifying date of her housing
register account. The Claimant alleges that the Defendant has a discretion to backdate the
qualifying date of her housing register account to 15 September 2017. The Defendant
denies that it has any such discretion under its “Housing Allocation Scheme 2013” (“the
Scheme”).
2. The Claimant’s case is put on two alternative bases. The first is predicated on the basis
that the Defendant has a discretion under the Scheme to backdate the registration date and
the second is put on the basis that if, contrary to the Claimant’s primary submission, the
Defendant has no such discretion, then the policy is unlawful. Thus, the Claimant’s
Amended Detailed Facts and Grounds sets out five grounds of review:
(a) The failure to consider exercising the discretion to backdate the Claimant’s
registration date.
If there is no discretion within the Scheme then:
(b) The Scheme is unlawful and contrary to the Equality Act 2010.
(d) The Scheme is irrational.
(e) The Scheme unlawfully fetters a public body’s basic duty not to fetter its discretion.
3. The Claimant was granted permission to rely on her Amended Statement of Facts and
Grounds (which had added the fifth ground referred to above) by Lang J on 6 October
2023 when she granted permission for judicial review. Lang J also gave the Claimant
permission to rely on her Reply to the Defendant’s Summary Grounds as well as the
further witness evidence that the Claimant had filed with the Reply.
4. For the purposes of the hearing, I was presented with a bundle of documents and
correspondence as well as a bundle of authorities. Both parties submitted skeleton
arguments in advance of the hearing and made detailed oral submissions. I am grateful to
counsel as well as those instructing them for their assistance.
5. For the reasons which I give below I have concluded that the Scheme does contain a
discretion to backdate the registration date. That being so, and reflecting the agreement of
the parties, I have not determined the alternate bases upon which the Claimant had argued
her case and nor do I analyse the evidence that the Claimant submitted in support of
grounds (b) – (e).
6. The judgment is divided into the following sections:
a) The factual background
b) The procedural history
c) The statutory framework and the Defendant’s Scheme
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