heavey v the greater london authority
DESCRIPTION
In the matter of an application for Judicial Review.TRANSCRIPT
Judicial ReviewClaim FormNotes for guidance are available which explainhow to complete the judicial review claimform. Please read them carefully before youcomplete the form.
For Court use only
Administrative CourtReference No.
Date filed
In the High Court of JusticeAdministrative Court
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Claimant(s) name and address(es)
SECTION 1 Details of the claimant(s) and defendant(s)
1st Defendant
rame
I Declan Heavey
ddress----------------------,
71 Queens Road WestLondonE13 OPE
Claimant's or claimant's solicitors' address to whichdocuments should be sent.
address-------------------,
[TelePhoneno.
r-mailaddress
Claimant's Counsel's details
ddressi----------------------,
[TelePhoneno. [Faxno.
[E-mailaddress:=====~--==========~
N461 Judicial review claim form (04.13)
r
name
~he Greater London Authority
Defendant's or (where known) Defendant's solicitors'address to which documents should be sent.
rname
Anna Condliffe, Authority Solicitor
address-------------------,
7th Floor, Windsor House42-50 Victoria StreetLondonSW1H OTL
[TelePhoneno.Direct: 020 3054 7937
[FaXno.020 3054 3556
2nd Defendant
Defendant's or (where known) Defendant's solicitors'address to which documents should be sent.
ddress-------------------,
[TelePhoneno. [Faxno.
[&-mailaddress=====~--==========~
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SECTION 2 Details of other interested parties
Include name and address and, if appropriate, details of OX, telephone or fax numbers and e-mail
c____r.
ame
_______JI rame
L~ Homeless Project . Laddress---------------------,
245 Gray's Inn RoadLondonWC1X8QY
[TelePhone no.020 7520 8660
[Fax no.020 7837 7498
ddress-------------------,
[TelePhone no. [FaXno.
r-mailaddress
SECTION 3 Details of the decision to be judicially reviewedDecision:------------------------------------------,
The Defendant's decision to uphold the Claimant and his wife's referral from GLA Housing First to Clearing HousefTSTin contravention of the 2014/15 Pilot Funding Agreement between GLA and SHP at Schedule 2.
rate of decision:
23 March 2015
ame--------------------,Name and address of the court, tribunal, person or body who made the decision to be reviewed.
address---------------------,
The Greater London Authority GLA TFL Legal7th Floor, Windsor House42-50 Victoria StreetLondon SW1H OTL
SECTION 4 Permission to proceed with a claim for judicial review
I am seeking permission to proceed with my claim for Judicial Review.
Is this application being made under the terms of Section 18 PracticeDirection 54 (Challenging removal)? DYes 0No
Are you making any other applications? If Yes, complete Section 8. DYes 0No
Is the claimant in receipt of a Community Legal Service Fund (CLSF)certificate? DYes 0No
Are you claiming exceptional urgency, or do you need this applicationdetermined within a certain time scale? If Yes, complete Form N463 andfile this with your application.
DYes ~No
Have you complied with the pre-action protocol? If No, give reasons fornon-compliance in the box below.
oYes DNo
Have you issued this claim in the region with which you have the closestconnection? (Give any additional reasons for wanting it to be dealt with inthis region in the box below). If No, give reasons in the box below.
~Yes DNo
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Does the claim include any issues arising from the Human Rights Act 1998?If Yes, state the articles which you contend have been breached in the box below. ~Yes DNo
Article 6 (Right to a fair trial): "In the determination of his civil rights and obligations or of any criminal charge against him,everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunalestablished by law."
SECTION 5 Detailed statement of grounds
oset out below o attached
The Claimant challenges the decision of the Defendant to uphold his and his wife's referral from the Mayor of London'sHousing First Programme to Clearing House/TST as unacceptable and unlawful because it contravenes the "secure exitplan" stipulated in the 2014/15 Pilot Funding Agreement between GLA and SHP at Schedule 2. Unlike Housing First,Clearing HousefTST is "time-limited" in that eligibility for flats, issued on two-year renewable Assured ShortholdTenancies, terminates when individuals are assessed as being able to live independently. By reason of upholding thisreferral, the Defendant is accountable and responsible for it. The Defendant has also failed to comply with its discoveryobligations by not providing the Claimant with evidence that GLA Housing First has ended and will not be continued. TheDefendant does not consider this matter suitable for Alternative Dispute Resolution (ADR), and therefore the Claimantseeks permission to proceed with a claim for judicial review as a remedy of last resort on the said qround of llleqalitv,
SECTION 6 Aarhus Convention claim
I contend that this claim is an Aarhus Convention claimIf Yes, indicate in the following box if you do not wish the costs limitsunder CPR 45.43 to apply.
DYes ~No
If you have indicated that the claim is an Aarhus claim set out the grounds below
SECTION 7 Details of remedy (including any interim remedy) being sought
1. A declaration that the Defendant has acted unlawfully.
2. A quashing order of the decision under review.
3. Such other reliefs as the Court may think just.
4. Damages for distress and failure to comply with discovery obligations.
SECTION 8 Other applications
I wish to make an application for:-
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SECTION 9 Statement of facts relied on
1. On 17 May 2014, the Claimant and his wife were granted their tenancy by Family Mosaic Housing Association asclients of the Greater London Authority Housing First Programme ("GLA Housing First") with support from the SingleHomeless Project ("SHP"), one of three charitable organisations funded by GLA to operate the Mayor of London'sHousing First service. In an email dated 4 September 2014, SHP wrote to the Claimant as follows: "I am writing to informyou of the current situation with GLA Housing First. This scheme was set up as a 3 year Pilot and therefore this willcome to an end in March 2015. GLA have informed us that the scheme will not continue after this date due to lack offunding. We have been asked to begin exit strategies for all those who access the service. Clearing House has askedthat clients who want to remain in their accommodation and who are managing their tenancies well, are referred back tothe clearing house for them to assess. They will then assess these clients to ensure they feel they are able to managethe tenancy with TST [Tenancy Sustainment Team] support" (see Supporting Documents ("SO"), p. 17).
2. In a letter dated 23 March 2015, the Defendant communicated its decision to uphold the referral of the Claimant andhis wife to Clearing HouselTST (herein referred to as "the decision"). In this letter, the Defendant is particularly vague inits reference to roles: "The practical effect of the end of the Housing First project is simply that SHP will no longer have arole in relation to the provision of support for your tenancy and that role will be fulfilled by TST instead" (SO, p. 13).
3. It is contended that the Defendant's decision contravenes the "secure exit plan" stipulated in the 2014/15 HousingFirst Pilot Funding Agreement between the GLA and SHP at Schedule 2 (SO, p. 55). As comprehensively argued in theClaimant's pre-action letter dated 6 May 2015 (SO, pp. 3-10), this is because Clearing HouselTST does not provide thepermanent accommodation and voluntary support characteristic of Housing First. The Claimant references, inter alia, a2015 Housing First report partly funded by the GLA that points out that "housing is not conditional on accepting support"(SO, p. 22); and that "while someone could theoretically be asked to move on [upon expiry of the tenancy], thearrangement was generally thought to effectively offer ongoing security of tenure" (SO, p. 23). On the other hand, a 2012Housing First report from Heriot-Watt University states that the Clearing House scheme is "time-limited" in that "eligibilityfor flats, issued on two-year renewable Assured Shorthold Tenancies, terminates when individuals are deemed to nolonger require support to live independently" and "clients are required to comply with holistic support plans" (SO, p. 25).
4. In fact, because the Claimant and his wife do not require support to live independently, they do not qualify for ClearingHouse/TST. They do not have addictions or mental illness or behavioural issues; their needs are solely related to thehigh levels of opposition and disruption they encounter as employees of Network for Church Monitoring. The Defendanthas conceded that the Claimant and his wife can sustain their tenancy without support. It follows, therefore, that theDefendant is knowingly upholding a referral that terminates the Claimant and his wife's eligibility for their flat and thisconstitutes a threat to life. The Claimant is in his mid-fifties and while living on the streets was last year diagnosed withasthma (SO, pp. 26-27), which is a chronic or lifelong disease that can be serious, even life threatening. Back on thestreets the Claimant and his wife will be restricted to sleeping on buses despite his medical condition, as they had beenprior to coming off the streets as a result of an excessive use of force by police to move them from their sleeping pitch.
5. The Defendant has accused the Claimant of refusing support from Clearing HouselTST. It is disingenuous to construethe Claimant's insistence on a "secure exit plan" from GLA Housing First as a refusal of support by him. Moreover, atschedule 1 of the said funding agreement between GLA and SHP, Housing First support is defined as follows: "[T]heclient would not be required to engage in any service other than with his Housing First worker. The client will be able toremain in the accommodation so long as they are able to maintain their tenancies (I.e. they manage their housing benefitclaim to pay the rent and do not face eviction for anti-social behaviour etc.). The Housing First worker would beresponsible for providing and bringing in the support required to help the client meet these basic obligations" (SO, p. 52).
6. In a final response letter dated 1 June 2015 (SO, pp. 1-2), the Defendant states that there is no basis for a claimagainst the GLA and discounts the Alternative Dispute Resolution (AOR) section in the Claimant's pre-action letter dated6 May 2015 (SO, p. 9). The Defendant has also failed to comply with its discovery obligations by not providing theClaimant with evidence that GLA Housing First has ended and will not be continued. The Claimant requests that theCourt note that the GLA website still lists Housing First under the heading "Mayor's rough sleeping services" (SO, p. 19),which perhaps accounts for the Defendant's failure to comply with its pre-action disclosure duties (SO, p. 9).
Statement of TruthI Believe (The claimant believes) that the facts stated in this claim form are true.
Claimant rs sQlisitgr) (if signing on behalf of firm or company)
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SECTION 10 Supporting documents
If you do not have a document that you intend to use to support your claim, identify it, give the date when you expect itto be available and give reasons why it is not currently available in the box below.
Please tick the papers you are filing with this claim form and any you will be filing later.
o Statement of grounds ~ included D attached
D attached
o attached
o attached
~ Statement of the facts relied on o included
o includedo Application to extend the time limit for filing the claim form
o Application for directions o included
o Any written evidence in support of the claim orapplication to extend time
o Where the claim for judicial review relates to a decision ofa court or tribunal, an approved copy of the reasons forreaching that decision
o Copies of any documents on which the claimantproposes to rely
o A copy of the legal aid or CSLF certificate (if legally represented)
o Copies of any relevant statutory material
o A list of essential documents for advance reading bythe court (with page references to the passages relied upon)
If Section 18 Practice Direction 54 applies, please tick the relevant box(es) below to indicate which papers you arefiling with this claim form:
D a copy of the removal directions and the decision to which D includedthe application relates Dattached
D a copy of the documents served with the removal directionsincluding any documents which contains the Immigration and D includedNationality Directorate's factual summary of the case
o attached
Da detailed statement of the grounds 0 included Dattached
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Reasons why you have not supplied a document and date when you expect it to be available:-
Signed Claimant ('S Solicitor), _
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