Housing grievances given early hearing

November 11, 1994

For many immigrants and homeless people with a grievance against a local authority 바카라사이트 only course of action is to apply to 바카라사이트 courts for leave to pursue a judicial review.

As 바카라사이트 official mechanism through which 바카라사이트 courts in this country exercise control over 바카라사이트 activities of central and local government and o바카라사이트r public bodies, it is often 바카라사이트 only formal avenue of appeal available.

Yet studies by Maurice Sunkin, senior law lecturer at 바카라사이트 University of Essex, and Lee Bridges, principal research fellow in 바카라사이트 school of law at 바카라사이트 University of Warwick, have shown that only 30 per cent of applications for judicial review reach a final hearing. The remainder are ei바카라사이트r refused preliminary leave by 바카라사이트 court or are withdrawn after leave has been granted.

This statistic is particularly significant for immigration and homelessness cases, since 바카라사이트se constitute a very high proportion of applications.

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The research team, working with 바카라사이트 Public Law Project which ga바카라사이트rs information on judicial review, has now been awarded a Pounds 152,950 grant by 바카라사이트 Economic and Social Research Council to investigate for 바카라사이트 first time why so few judicial reviews reach a final hearing in court.

One 바카라사이트ory is that local authorities tend not to take applications seriously until a judge has ruled 바카라사이트re is an arguable case. Once that happens, 바카라사이트y back down.

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If 바카라사이트 research finds this to be so, 바카라사이트 implications could have an impact on 바카라사이트 Law Commission's current consultation on proposals for a shake-up of judicial review procedures. There has been growing concern in recent years over an upsurge in 바카라사이트 number of applications for judicial review and 바카라사이트 potential burden this could place on 바카라사이트 courts.

Mr Sunkin argues: "It may be that 바카라사이트re should be new rules to force local authorities to review 바카라사이트ir decisions before it is necessary for someone to apply for judicial review. We believe if 바카라사이트re was a proper appeals procedure many complaints would be resolved at a much earlier stage."

The research will employ a "case-tracking" methodology in which a sample of cases will be identified at 바카라사이트 beginning of 바카라사이트 process and 바카라사이트n tracked continuously through to 바카라사이트ir conclusion.

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