R (on the Application of H) v Milton Keynes CC [2013]

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    Hi, Just wondering if anyone has knowledge of this application which is due to be heard in March?

    Claimant has been offered Part 7 accommodation a la Pryce and HB was refused as C not habitually resident.

    As far as I can tell there are 4 grounds, the first being that the (HB) Regulations were unlawful because they violate direct treaty rights and the second being that the council's reliance on the Regulations to defeat or interfere with direct treaty rights was irrational or unlawful.  The other two relate to the Part 7 matters.

    I'm a little surprised to see the HB issues being decided in the Admin Court.  Anyone able to shed light on this or have I missed the blindingly obvious (again!)

    Para 3 edited to make more sense!


    There is precedent for this in the Sharon Tucker case where the claimant challenged the vires of HB Reg 9(1)(d) in JR proceedings in the administrative court with the Secretary of State as respondent rather than the Council. The court entertained the application because it was common ground that she had no case against Reading Council


    Thanks Peter (particularly given my naff typing which I have now corrected!) – I can see how the admin court may be the appropriate place to challenge the vires of the Regs but not how the L.A. would be to respondent?

    It is clearly being treated with some urgency because it has been put down as a rolled up hearing straight after a similar challenge against a DWP decision.

    Also, I know the context is slightly different but (a) I’m pretty sure (but not certain) that the UTT can decide that Regs are ultra-vires and (b) although the context is somewhat different – I thought the CoA laid to rest any doubts about the role of a L.A. when called upon to make decisions involving unlawful legislation?

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