R (on the application of Hillsden) v Epping Forest District Council

Housing – Local authority. The claimant sought judicial review of the defendant local authority's decision not to consider whether her circumstances were exceptional and to treat her as eligible for housing allocation despite her not fulfilling the residency criteria in the housing allocation scheme. The Administrative Court, in dismissing the application, held that the scheme had not empowered the authority to disapply the eligibility criteria in an exceptional case. Further, the scheme had not unlawfully fettered the authority's statutory powers and there was no evidence that, in devising the scheme, the authority had failed to have regard to the ministerial guidance and such failure could not be inferred.

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