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Housing

28 April 2011
Issue: 7463 / Categories: Case law , Law digest
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Akhtar v Birmingham City Council [2011] EWCA Civ 383, [2011] All ER (D) 111 (Apr)

The issue before the court was whether, notwithstanding the absence of any express statutory requirement to do so, a local housing authority had to, when it made an offer of accommodation pursuant to its duty under s 193(2) of the Housing Act 1996, state its reasons for considering the property to be suitable and that it was reasonable for the applicant to accept it, and had to, when it decided a review under ss 202 and 203 of the Act in favour of the applicant, state its reasons for its decision. It was held that s 203(4)(b) did not require reasons to be given in such a situation as the instant.

Confirmation of the original decision on any issue within s 203(4)(b) referred to the resolution of a review against the applicant. It did not refer to the confirmation of a decision which played no part in the resolution of the review in favour of the applicant. In the case of the suitability of

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