R v The London Borough of Lambeth and Others
| Jurisdiction | England & Wales |
| Judge | MR MACLEOD QC |
| Judgment Date | 11 February 1998 |
| Judgment citation (vLex) | [1998] EWCA Civ J0211-3 |
| Docket Number | CO/2214/97, CO/2215/97 CO/2218/97, CO/2219/97 |
| Court | Court of Appeal (Civil Division) |
| Date | 11 February 1998 |
[1998] EWCA Civ J0211-3
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(CROWN OFFICE LIST)
Royal Courts of Justice
The Strand
Mr Nigel Macleod QC
(Sitting as a Deputy Judge of the Queen's Bench Division)
CO/2214/97, CO/2215/97
CO/2216/97, CO/2217/97
CO/2218/97, CO/2219/97
MR J FINDLAY (Instructed by Warren & Co., London SW16 1BG) appeared on behalf of the Applicants.
MR C BAKER (Instructed by the Legal Services Department, London Borough of Lambeth, London SW2 1RW) appeared on behalf of the Respondent.
Wednesday, 11th February 1997
These cases involve challenges to LB Lambeth's administration of housing benefit. There is a complicated set of claims which have raised lengthy and detailed factual issues, but I am presently concerned with the applications of Adam Crookes and Michael Hutchinson.
Mr. Crookes owns Bintou's Guest House, Knollys Road, SW16, which is a bed and breakfast establishment although many of its residents are of longstanding. The other applicants, including Mr. Hutchinson, all reside, or did reside, at this Guest House. They rely upon housing benefit to finance their payment of rent.
There has been a considerable history of litigation between Mr. Crookes and residents of Bintou's Guest House and the Council arising from the Council's handling of the housing benefit system. This has included an uncontested Declaration made in this court in September 1995 that the Respondent had systematically failed to carry out its duties under the Housing Benefit (General) Regulations 1987 ("the Regulations"), and in January 1997, by consent, an order for the Respondent to pay £68,500 in respect of housing benefit due and unpaid in respect of residents of Bintou's Guest House.
In the matters before me Mr. Crookes seeks relief by Declaration to the effect that the Respondent has failed to carry out its duties, including duties to act within specific time limits, under the Regulations in respect of claim for housing benefit made by persons residing at Bintou's Guest House in 1995–1997 and has abused its powers under the Regulations to the injury of Mr. Crookes. He also seeks, in respect of a number of claimants who are no longer residents, that the Respondent pays what it is obliged to pay under the Regulations to the applicant.
Mr. Hutchinson, in his amended Form 86A seeks various relief in respect of the Respondents' failure to review a determination made on 6th February 1997 pursuant to a request made on 18th February in accordance with Regulation 79(2) of the Regulations.
The parties have asked me to consider and determine three specific issues only in these proceedings. In respect of Mr. Crookes' application I am asked to determine the issue of his standing in relation only to the specific claims and on the basis that the relief being sought in those claims is for payment of specific sums of money in respect of housing benefit.
In respect of Mr. Hutchinson's various requests for relief I am first asked to determine the application for a declaration that for the purposes of Regulation 79(2) of the Regulations, as amended, and the requirement that a person affected makes written representations signed by him to institute proceedings, a signed written request from a properly authorised solicitor representing the person affected is sufficient to set the review process in train. I am also asked to determine the application for a declaration that, given the right to review granted by Regulation 79(2) of the Regulations it is unreasonable for an authority not to provide a person affected with a copy of the Rent Officer referral form that is produced by an authority if he requests the same so that he can make proper and/or effective representations thereon.
The primary legislation
S.123(1) of the Social Security Contributions and Benefits Act 1992 lays down that a prescribed scheme shall provide for housing benefit. S.130 of this Act explains the circumstances under which a person is entitled to housing benefit, including a liability to make payments in respect of a dwelling occupied as a home; regulations are to prescribe the manner in which maximum housing benefits are to be determined. Such regulations may allow reference to determinations made by Rent Officers.
By S.1 of the Social Security Administration Act 1992 entitlement to benefit is dependent on a claim being made. By S.5(1)(g) regulations may provide for enabling one person to act for another in relation to a claim for housing benefit.
By S.187(1)(b) and S.191 housing benefit is inalienable.
The Housing Benefit (General) Regulations 1987 ("the Regulations") regulate the provision of Housing Benefit.
The Housing Benefit Scheme
Regulation 12A requires, subject to exceptions, a local authority to apply to a rent officer for a determination to be made where it has received a claim on which rent allowance may be awarded. Where the rent officer has made such a determination the maximum rent is to be determined in accordance with Regulation 11.
Regulation 71 explains who may claim, including circumstances covering those who are unable to act.
"71 (2) Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act, and —
(a) a receiver has been appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or
(b) in Scotland, his estate is being administered by a tutor, curator or other guardian acting or appointed in terms of law; or
(c) an attorney with a general power or a power to claim or as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act 1971 or the Enduring Powers of Attorney Act 1985,
that receiver, tutor, curator, other guardian or attorney, as the case may be, may make a claim on behalf of that person.
(3) Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act and paragraph (2) does not apply to him, the appropriate authority may, upon written application made to them by a person who, if a natural person is over the age of 18, appoint that person to exercise on behalf of the person who is unable to act, any right to which that person might be entitled under the Act and to receive and deal on his behalf with any sums payable to him."
Regulation 76 provides for the local authority to make a determination within 14 days of claims being appropriately made and of the provision of such information and evidence as may be reasonably required by the local authority, or as soon as reasonably practicable thereafter.
Regulation 77 provides for notification of determinations. On a claim this must be forthwith or as soon as reasonably practicable, or otherwise within 14 days or as soon as reasonably practicable, and the notifications must include a statement as to matters set out in Schedule 6. I will return to Schedule 6 later.
Regulation 77(4) provides that:
"A person affected to whom an authority sends or delivers a notification of determination may, by notice in writing signed by him, request the authority to provide a written statement setting out the reasons as to its determination of any matters set out in the notice"
and Regulation 77(4A) says:
"For the purposes of paragraph 4, where a person affected who requests a written statement is not a natural person, the notice in writing referred to in that paragraph shall be signed by a person over to who is authorised to act on that person's behalf".
Regulation 79 concerns reviews of determinations. Regulation 79(2) says
"… if a person affected makes written representations signed by him to an authority concerning a determination which it makes in relation to him within 6 weeks of the date of the notification to him of the determination, the authority shall review the determination in the light of those representations within 14 days of receiving the representations or as soon as reasonably practicable thereafter".
Regulation 79(2A) states:
"79 (2A) For the purposes of paragraph (2), where the person affected who makes such representations is not a natural person, those representations shall be signed by a person over the age of 18 who is authorised to act on that person's behalf."
Regulation 79(4A) states that:
"Where paragraph 2 applies and the representations referred to in that paragraph relate, in whole or in part, to a rent officer's determination ….. the authority shall, within 7 days of receiving those representations, request the rent officer to make a redetermination ….. and
(a) a copy of those representations shall accompany the local authority's request; and
(b) the period of 14 days referred to in paragraph (2) shall not begin to run until the authority has received a redetermination in response to that request."
Regulation 81 concerns further review of determinations:
By Regulation 81(1) a person affected may request a further review by giving "written notice signed by him". By Regulation 81(1A) where, for these purposes, a person affected who requests a further review is not a natural person "the written notice referred to in Regulation 81(1) shall be signed by a person over the age of 18 who is authorised to act on that person's behalf".
Regulation 86 governs the setting aside of determinations and decisions on certain grounds. Regulation 86(2) and (2A) state:
"(2) An application under this regulation shall be made in writing signed in accordance with paragraph (2A) …..
(2A) For the purposes of paragraph...
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