R v Birmingham City Council, ex parte Mohammed
| Jurisdiction | England & Wales |
| Judgment Date | 12 June 1998 |
| Date | 12 June 1998 |
| Court | Queen's Bench Division (Administrative Court) |
Queen's Bench Division
Before Mr Justice Dyson
Local authority - disabled facilities grant - resources irrelevant
Financial resources were not relevant when a local authority was deciding whether to provide someone with a disabled facilities grant under section 23(1) of the Housing Grants, Construction and Regeneration Act 1996.
Mr Justice Dyson so held, sitting in the Queen's Bench Division, in allowing the application of Taj Mohammed for judicial review by way of certiorari of the decision of Birmingham City Council to take account of financial resources when deciding whether to offer him a disabled facilities grant.
Section 23 of the 1996 Act provides:
"(1) The purposes for which an application for a disabled facilities grant must be approved…are the following - (a) facilitating access by the disabled occupant to and from the dwelling or the building in which the dwelling or, as the case may be, flat is situated; (b) making the dwelling or building safe for the disabled occupant and other persons residing with him; (c) facilitating access by the disabled occupant and other persons residing with him…(l) such other purposes as may be specified by order of the secretary of state.
"(2) An application for a disabled facilities grant may be approved…for the purpose of making the dwelling or building suitable for the accommodation, welfare or employment of the disabled occupant in any other respect…"
Mr Stephen Knafler for the applicant; Mr Christopher Baker for Birmingham.
MR JUSTICE DYSON said that, save to the extent that they were expressly authorised or required by the 1996 Act to have regard to resource considerations, local housing authorities were not entitled to take resources into account in deciding whether or not to approve a disabled facilities grant for section 23(1) purposes.
In enacting the 1996 Act, Parliament chose to downgrade statutory duties to discretions in relation to the approval of other types of...
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