Tomlinson and others (FC) (Appellants) v Birmingham City Council (Respondents)

Case summary

Case ID

UKSC/2009/0050

Parties

Appellant(s)

Emma Tomlinson

Fazia Ali

Khadra Ibrahim

Respondent(s)

Birmingham City Council

Intervener(s)

Secretary of State for Communities and Local Government

Issue

Whether the decision in Runa Begum v Tower Hamlets London Borough Council (that the review procedure involved in decisions offering homeless persons accommodation was compatible with article 6(1) of the European Convention on Human Rights) applies to a determination where the reviewing officer determines a simple issue of primary fact.

Facts

Each of the Appellants were homeless and applied separately to the Respondent for assistance under Part 7 of the Housing Act 1996. The Respondent accepted that it owed the Appellants the main housing duty to secure accommodation but determined that the duty owed had ceased by their refusal of offers of accommodation. These determinations were upheld on review. The Respondent’s determinations turned upon whether or not the Appellants had each received a particular letter sent by the Respondent. The Respondent determined as a fact that the Appellants had received the letters.

Date of issue

22 May 2009

Judgment appealed

Judgment details

Judgment date

17 February 2010

Neutral citation

[2010] UKSC 8

Judgment links

Judgment summary

17 February 2010

Appeal

Justices

Lord Hope

Lady Hale

Lord Brown

Lord Collins

Lord Kerr

Hearing dates

Full hearing

Start date

23 November 2009

End date

24 November 2009

Watch hearings

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