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Discrimination & Housing Rights

Challenging Local Authorities

Jayesh Kunwardia
Jayesh Kunwardia
Partner
Bahareh Amani
Bahareh Amani
Partner
Daniel Fitzpatrick
Daniel Fitzpatrick
Partner
Farzana Chowdhury
Farzana Chowdhury
Partner
Sophie Bell
Sophie Bell
Partner
Edward Sharp
Edward Sharp
Senior Associate
Sioned Wyn Roberts
Sioned Wyn Roberts
Senior Associate
Suzanne Bird
Suzanne Bird
Associate
Aneela Samrai
Aneela Samrai
Solicitor
Hannah Britz
Hannah Britz
Solicitor
Hayley Jack
Hayley Jack
Solicitor
Imran Sarfraz
Imran Sarfraz
Solicitor
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Nivashinie Sivalokanathan
Solicitor
Patricia Lobo Del Castillo
Patricia Lobo Del Castillo
Solicitor
Simon Foxcroft
Simon Foxcroft
Solicitor
Robyn Brett
Robyn Brett
Trainee
Ellen Biney
Ellen Biney
Trainee
Abdurrahman Sufi
Abdurrahman Sufi
Paralegal
Declan Storrar
Declan Storrar
Paralegal
Jacob Bartholomew-Smith
Jacob Bartholomew-Smith
Paralegal
Liselle Archer
Liselle Archer
Paralegal
Oliver Edwards
Oliver Edwards
Paralegal
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Talisa Pham
Paralegal
Tess Baker
Tess Baker
Paralegal
Wesley Agyeman
Wesley Agyeman
Paralegal
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Zafirah Rahman
Paralegal

Challenging housing decisions might seem daunting, but sometimes public bodies make decisions that are incorrect or unjust.

Sometimes, these decisions may be unlawful or entirely unreasonable, which means they can be challenged in the High Court. This process is known as Judicial Review.

Our housing solicitors have been advising clients on such cases for generations. We have a highly successful record of reversing their decisions through legal challenges in the courts. 

Hodge Jones & Allen_Chambers UK 2023

Legal 500 UK - Top Tier Firm-2023

Where can we help you challenge a housing decision?

We can help challenging a housing decision where there has been a failure to:

  • Provide suitable accommodation for families, or tenants with special needs or disabilities.
  • Take a homeless application when asked to.
  • Accommodate vulnerable people pending a decision on a homelessness application.
  • Take appropriate preventative action to assist a person who approaches the Local Authority threatened with homeless or a failure to comply with the duty to provide relief.
  • Comply with housing duties and obligations under the Children Act.
  • Provide housing following a referral to social services.
  • Make decisions in line with housing association or local council policies.

“DEFINITELY I WOULD RECOMMEND THIS COMPANY TO ANYONE WHO WANTS SUCCESS...NICE TO HAVE SOPHIE BELL ON MY SIDE. THANK YOU."

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How can a judicial review help me challenge a housing decision?

There are numerous examples of Local Authorities acting unlawfully, where a Judicial Review can provide an effective remedy.

This complex area of law requires specialist representation. We appreciate the importance of securing a good outcome for all our clients. 

If you believe your Local Authority is acting unlawfully in relation to your housing case, or you simply need to understand if you have grounds to challenge your local authority, please contact us to see if we can help.

Contact our specialist housing solicitors team on
or request a call back.
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Why choose Hodge Jones & Allen?

Housing law is a complex area and requires specialist representation. We have the necessary housing, property, and public law background to enable them to provide the highest standards of representation.

We appreciate the importance of securing a good outcome for you and your family, which is why our solicitors will work tirelessly on your behalf.  We’ll also ensure that we keep you properly informed and updated about your case throughout, so you’re never out of the loop.

As one of the few firms to hold both a housing and public law franchise to enable us to provide legal aid, we’re in a unique position to offer exceptionally experienced solicitors and advocates to assist you with every stage of dealing with these difficult matters. It’s important to seek legal advice at the earliest opportunity as the time frames to challenge decisions is often short and require consideration prior to starting the process.

Our expert housing solicitors will assess your housing decision challenge very carefully and provide you with the correct advice on what can be achieved and funding options.

We’ll then provide clear guidance on the legal process, keeping you up to date throughout.

We work very hard to achieve the best and quickest outcome possible for your case.

Hodge Jones & Allen_Chambers UK 2023 Legal 500 UK - Top Tier Firm-2023

 

 

 

“Our Housing team has been ranked in Band 1 in the Chambers & Partners 2023 legal directory. The team was described as “progressive and robust in defending the rights of vulnerable tenants and homeless applicants.” – Chambers UK, 2023

“Hodge Jones & Allen is an industry leader in social housing law. The firm provides an exceptional service for all of its clients in disrepair, possession and homelessness. The firm has a reputation for providing an exceptional level of service and advancement of the law in very high profile cases in the Court of Appeal and Supreme court.” Legal 500, 2023

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Challenging Local Authorities

This appeal was made against a decision where our client had rejected what was considered to be a suitable offer of accommodation. He was told that he needed to reject the offer before appealing. The information provided was incorrect and misleading. The appeal was allowed as the Judge accepted both that the advice given was misleading and that the client had relied on this which lead to an unfair procedure.

Our client was vulnerable with disabilities and it had always been accepted the Local Authority had an initial duty to house him. Our Housing Team fights these cases to ensure vulnerable homeless individuals are not denied a place to live.

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Frequently asked questions

How long do I have to challenge a decision by way of Judicial Review?

A challenge must be issued at the High Court as soon as reasonably practicable and after no more than three months. As such speed is of the essence, any delay even under the three months needs to be justified.

How long do I have to serve the issued Judicial Review?

The application must be sent to the defendant within seven days and a certificate of service filed with the Court recording the same.

Failure to do so will in some cases result in your claim being struck out.

How is a Judicial Review funded?

There are many ways of funding a judicial review. You can pay on a private basis or you can take the necessary steps to obtain costs protection. You’re very unlikely to obtain After the Event Insurance on these types of matters.

A common method of funding is by way of legal aid supplied by the Legal Aid Agency. The test for legal aid involves assessment of means and merits, you can be assisted through this process by one of our experienced solicitors. If you don’t meet the funding criteria, we can look at other methods of funding such as crowdfunding.

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"I AM MORE THAN HAPPY WITH THE FINAL OUTCOME. I WOULD RECOMMEND HODGE JONES AND ALLEN, THEY ARE PROFESSIONAL, COURTEOUS AND THEY ARE, IN MY OPINION, EXCELLENT SOLICITORS. THANK YOU FOR HELPING ME GET A HOME."