Council Housing Judicial Review
Summary
You can pursue a judicial review against the council for issues like disrepair and housing application disputes. Start with a pre-action protocol by sending a letter before claim, detailing grievances and desired outcomes. File the claim within three months of the councils decision. Gather evidence, such as previous complaints and photographic proof, to support your case. Judicial reviews are complex, so consider seeking legal advice. Most hearings are now held remotely, but check current procedures with the Administrative Court. Use online resources like LawDepot or Citizens Advice for legal letter templates.Full Conversation
They’ve previously been issued with a disrepair claim but continue to mixup communications and have delayed the works being done
It sounds like you're dealing with a serious housing issue. Here are a few steps you can consider:
- Record Keeping: Keep detailed records of all communications with the council.
- Escalation: If not done already, escalate the issue to a higher authority within the council.
- Legal Aid: Seek legal aid to get a solicitor involved for stronger representation.
Can you share your location for more tailored advice?
- Record Keeping: Keep detailed records of all communications with the council.
- Escalation: If not done already, escalate the issue to a higher authority within the council.
- Legal Aid: Seek legal aid to get a solicitor involved for stronger representation.
Can you share your location for more tailored advice?
I can’t access legal aid I need to do this myself
Given your situation, here are some steps you can take:
- Environmental Health Department: Contact the Environmental Health department of your local council to report the mould and damp. They have the authority to enforce repairs.
- Judicial Review: Consider a judicial review if the council continues to delay repairs. It's a legal process where a judge reviews the lawfulness of a decision or action made by a public body.
- Local Government Ombudsman (LGO): Since you've already contacted them, follow up regularly for updates on your case.
Would you like more information on how to initiate a judicial review?
- Environmental Health Department: Contact the Environmental Health department of your local council to report the mould and damp. They have the authority to enforce repairs.
- Judicial Review: Consider a judicial review if the council continues to delay repairs. It's a legal process where a judge reviews the lawfulness of a decision or action made by a public body.
- Local Government Ombudsman (LGO): Since you've already contacted them, follow up regularly for updates on your case.
Would you like more information on how to initiate a judicial review?
Can I call a judical review on numerous issues such as the council failing to move me etc
Yes, you can call for a judicial review on multiple issues, including the council's failure to move you. However, judicial reviews are complex and have strict time limits.
- Grounds: Focus on issues like procedural fairness, failure to act, or illegality.
- Time Limits: Must usually be filed within 3 months of the decision/action.
- Legal Advice: Strongly advised due to complexity.
Would you like more detailed guidance on initiating a judicial review?
- Grounds: Focus on issues like procedural fairness, failure to act, or illegality.
- Time Limits: Must usually be filed within 3 months of the decision/action.
- Legal Advice: Strongly advised due to complexity.
Would you like more detailed guidance on initiating a judicial review?
Yes
To initiate a judicial review, follow these steps:
- Pre-Action Protocol: Send a letter to the council detailing your issues and the desired outcome.
- Filing: Submit a claim form at the Administrative Court.
- Grounds: Clearly outline grounds for review (e.g., procedural unfairness, failure to act).
- Timing: File within 3 months of the council's decision/action.
Would you like more information on the pre-action protocol or how to file the claim form?
- Pre-Action Protocol: Send a letter to the council detailing your issues and the desired outcome.
- Filing: Submit a claim form at the Administrative Court.
- Grounds: Clearly outline grounds for review (e.g., procedural unfairness, failure to act).
- Timing: File within 3 months of the council's decision/action.
Would you like more information on the pre-action protocol or how to file the claim form?
Yes I’d like more information
To proceed with a judicial review, here's a brief guide on the Pre-Action Protocol and Filing the Claim Form:
*. Pre-Action Protocol:
- Letter Before Claim: Draft a letter detailing your grievances and the specific actions or decisions you’re challenging. Include the desired outcome and give the council a reasonable deadline to respond (usually 14 days).
- Response: Wait for the council’s response. If they fail to respond or resolve the issue satisfactorily, you can proceed to the next step.
*. Filing the Claim Form:
- Claim Form (N461): Complete the N461 form available on the UK government's website.
- Fee: Pay the required court fee (fee waivers may be available if you have low income).
- Supporting Documents: Attach all relevant documents, including the Letter Before Claim and any responses received.
- Submit: File the claim form at the Administrative Court.
Would you like more detailed assistance on drafting the Letter Before Claim or filling out the Claim Form?
*. Pre-Action Protocol:
- Letter Before Claim: Draft a letter detailing your grievances and the specific actions or decisions you’re challenging. Include the desired outcome and give the council a reasonable deadline to respond (usually 14 days).
- Response: Wait for the council’s response. If they fail to respond or resolve the issue satisfactorily, you can proceed to the next step.
*. Filing the Claim Form:
- Claim Form (N461): Complete the N461 form available on the UK government's website.
- Fee: Pay the required court fee (fee waivers may be available if you have low income).
- Supporting Documents: Attach all relevant documents, including the Letter Before Claim and any responses received.
- Submit: File the claim form at the Administrative Court.
Would you like more detailed assistance on drafting the Letter Before Claim or filling out the Claim Form?
This issue has been ongoing for roughly around a year now, can I provide all the evidence for that?
Yes, you can provide evidence for issues that have been ongoing for around a year. It's crucial to include all relevant documents to strengthen your case.
Would you like specific guidance on what types of evidence to include in your judicial review application?
Would you like specific guidance on what types of evidence to include in your judicial review application?
Will a judical review need me to attend in person, or will it go on remotely
Most judicial reviews are conducted in person, but due to COVID-*, many hearings are now held remotely. It's best to check with the Administrative Court for their current procedures.
Would you need assistance in preparing for the hearing, whether it's in person or remote?
Would you need assistance in preparing for the hearing, whether it's in person or remote?
What websites provide me with legal letter templates
You can find free legal letter templates on several websites. Here are a few:
- LawDepot: Offers a variety of legal document templates.
- Rocket Lawyer: Provides customizable legal letters.
- Citizens Advice: UK-focused templates for various legal issues.
Would you like more information on how to customize these templates for your specific situation?
- LawDepot: Offers a variety of legal document templates.
- Rocket Lawyer: Provides customizable legal letters.
- Citizens Advice: UK-focused templates for various legal issues.
Would you like more information on how to customize these templates for your specific situation?
So I can send a pre action protocol as a letter of claim
Yes, you can send a pre-action protocol as a letter of claim. Here’s a quick guide:
- Letter Before Claim:
- Detail grievances and actions/decisions you’re challenging.
- Include desired outcome and a reasonable deadline (usually 14 days).
- Attach all relevant evidence.
Would you like a sample template or tips on drafting this letter?
- Letter Before Claim:
- Detail grievances and actions/decisions you’re challenging.
- Include desired outcome and a reasonable deadline (usually 14 days).
- Attach all relevant evidence.
Would you like a sample template or tips on drafting this letter?
What would be the type of claim I’m perusing
Based on your situation, you are pursuing a Judicial Review claim against the council for multiple issues, including failure to address disrepair (mould and damp) and failure to move you to suitable accommodation.
Would you like a sample template or tips on drafting the Pre-Action Protocol letter?
Would you like a sample template or tips on drafting the Pre-Action Protocol letter?
Yes
Here's a sample template for your Pre-Action Protocol letter:
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[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Council’s Name]
[Council’s Address]
[City, Postcode]
Dear [Council’s Name],
Pre-Action Protocol Letter Before Claim
I am writing to formally notify you that I intend to seek a Judicial Review of the following issues:
*. Failure to Address Disrepair: Despite multiple complaints and a disrepair claim, the significant mould and damp in my flat have not been adequately addressed.
*. Failure to Move to Suitable Accommodation: The council has refused to add my partner and unborn child to my housing application, citing insufficient residency duration, despite the unsafe living conditions.
Desired Outcome:
- Immediate rectification of the mould and damp issues.
- Reconsideration of my housing application to include my partner and unborn child.
Supporting Evidence:
- Copies of previous complaints and disrepair claims.
- Photographic evidence of mould and damp.
- Medical documentation if applicable.
Reasonable Deadline:
Please respond within 14 days of this letter. If I do not receive a satisfactory response, I will proceed with a Judicial Review.
Thank you for your immediate attention to this matter.
Yours sincerely,
[Your Name]
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Would you like further tips on customizing this letter or any other assistance?
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[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Council’s Name]
[Council’s Address]
[City, Postcode]
Dear [Council’s Name],
Pre-Action Protocol Letter Before Claim
I am writing to formally notify you that I intend to seek a Judicial Review of the following issues:
*. Failure to Address Disrepair: Despite multiple complaints and a disrepair claim, the significant mould and damp in my flat have not been adequately addressed.
*. Failure to Move to Suitable Accommodation: The council has refused to add my partner and unborn child to my housing application, citing insufficient residency duration, despite the unsafe living conditions.
Desired Outcome:
- Immediate rectification of the mould and damp issues.
- Reconsideration of my housing application to include my partner and unborn child.
Supporting Evidence:
- Copies of previous complaints and disrepair claims.
- Photographic evidence of mould and damp.
- Medical documentation if applicable.
Reasonable Deadline:
Please respond within 14 days of this letter. If I do not receive a satisfactory response, I will proceed with a Judicial Review.
Thank you for your immediate attention to this matter.
Yours sincerely,
[Your Name]
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Would you like further tips on customizing this letter or any other assistance?