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Discrimination & Housing Rights

Judicial Review

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

Our housing solicitors have plenty of experience helping tenants hold landlords, councils and other local authorities to account when it comes to matters of public law.

Everyone has the right to suitable accommodation, and should your rights be challenged, our team of specialists are on hand to help fight your cause.

 

What is public law?

The rule of public law means that the actions of public bodies like government, councils, housing associations and other local authorities are subject to scrutiny. If the council, government or housing association who owns your home fails you in some way, then public law could be on your side in your search for justice. 

Our public law specialists are on hand to help fight for your rights to privacy in your home and family life, as well as the right to safe and suitable accommodation.

Right to privacy

In line with the European Convention on Human Rights (ECHR), everybody in the UK has the right to privacy in their home and family life. If you are wrongfully evicted, this could be deemed to contradict that right. The court will assess the proportionality of making an order for possession that could see you evicted from your home and decide whether it goes against your rights or not.

“MY EXPERIENCE WITH YOU WAS VERY STRAIGHT FORWARD HARDLY ANY STRESS, MADE ME FEEL COMFORTABLE TO SAY ANYTHING. IF I DIDN'T UNDERSTAND SOMETHING YOU WOULD CLEARLY EXPLAIN IT AGAIN."

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Protecting your rights 

Under the ECHR, you are entitled to:

  •  The right to respect for your private and family life, home and correspondence. 
  • A fair and public hearing within reasonable time by an independent and impartial tribunal established by law.
  • The enjoyment of ECHR rights without discrimination. 

You are also entitled to safe and suitable housing as a basic human right. Therefore, any housing association that fails to provide safe housing could be deemed to be in breach of these basic rights. 

It is essential that local authorities, councils and governments adhere to these rights for your safety and wellbeing.

Contact our specialist team on
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How do public law processes work?

If you find yourself struggling with a housing issue, there are many steps you can take. Firstly, speak to the local authority involved and raise your concerns. If they fail to act appropriately, you can contact us for advice on how to proceed. Our experts will carefully assess your claim and advise you on what you might be able to achieve. 

We’ll then guide you through the legal process and update you every step of the way as we seek justice for you. 

There are several legal processes that we can guide you through as we work towards the justice you deserve.

Complaints procedures

Most public bodies have their own complaints procedures that you can use to express your dissatisfaction with the service you’ve received. You should use the appropriate channels and complaints procedures before taking matters further or seeking legal advice. If you are still unsatisfied with how your issue is handled, you can pursue legal action by contacting our team of housing law specialists. 

Statutory reviews

A statutory review is a form of review conducted by the people in the authority you’ve complained to. Someone independent from your issue but who still works within the authority will assess your case, the decisions made and the relevant facts to determine whether the actions proposed initially are correct or not. 

Judicial Review

As part of a judicial review, the courts will review the decisions and actions taken by the local authority to determine whether they were fair or contradicted your rights.

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Why choose Hodge Jones & Allen?

We are one of only three firms in the UK to be listed as a Tier One firm for this area of law in the Legal 500 guide. We are also independently ranked as a Band One firm for housing law by Chambers & Partners UK. Our team of specialists have years of expertise in housing matters and are passionate about seeking justice for our clients who have been wronged or let down by the local authorities meant to protect them.

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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"Hodge Jones & Allen were very knowledgeable in this field. Organising an experienced team to represent us." Legal 500, 2021