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LAW REPORT - APPEALING MERTON LBC'S HOUSING DECISION

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The queen's bench divisional court has ruled that it was important to stress that where in the exercise of its duty...
The queen's bench divisional court has ruled that it was important to stress that where in the exercise of its duty under s193 of the Housing Act 1996 a council had provided temporary accommodation with which the applicant was not satisfied and which could be subject to review under the 1996 Act, the correct approach was to seek a review and, if dissatisfied, to exercise a right of appeal on a point of law to the county court under the 1996 Act and not to challenge by way of a judicial review in the high court.

The Times (p40) reports that in the case of Regina v Merton LBC ex parte Sembi, Mr Justice Jowitt so stated when dismissing an application by Harjit Kaur Sembi for judicial review of Merton's actions in the discharge of its duty under s193 of the 1996 Act to provide suitable accommodation.
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