The Court of Appeal (Civil Division) handed down judgment in the case of Heald and others v London Borough of Brent [2009] EWCA Civ 930 on 20th August 2009. The case concerned the administration of the statutory homelessness scheme of the Housing Act 1996 c. 52. The appellants claimed the contracting out of their housing reviews by Brent to a third party was ultra vires. In each case, Brent’s original decision was upheld at the review stage and the appellants’ initial appeals had been dismissed by the relevant County Court.

The Court of Appeal reviewed the relevant legislation, in particular sections 202 and 203 of the Housing Act 1996 and section 70 of the Deregulation and Contracting Out Act 1994 c. 40. Having considered also the relevant case law such as R (Begum) v Tower Hamlets London Borough Council [2003] 2 AC 430, the Court dismissed the appeals. Such reviews were capable of being lawfully contracted out to a third party with the necessary independence and impartiality and as such could satisfy the requirements of article 6 of schedule 1 to the Human Rights Act 1998 c. 42.