Gullu, R (On the Application Of) v THE LONDON BOROUGH OF HILLINGDON

The aim of the Localism Act 2011 is to facilitate the devolution of decision-making powers from central government to local communities.

One devolved power concerns the provision of social housing under Part VI of the Housing Act 1996. This was amended by the 2011 Act to allow a local housing authority to decide what classes of persons are, or are not, qualifying persons for the receipt of social accommodation (see the new section 160ZA(6) and (7)). Section 147 of the 2011 Act inserted a new section 166A into the 1996 Act. This provides, so far as is material to this case:

Every local housing authority in England must have a scheme (their “allocation scheme”) for determining priorities, and as to the procedure to be followed, in allocating housing accommodation.…

As regards priorities, the scheme shall, subject to subsection (4), be framed so as to secure that reasonable preference is given to:

people who are owed a duty by any local housing authority under section 190(2), 193(2) or 195(2) (or under section 65(2) or 68(2) of the Housing Act 1985) or who are occupying accommodation secured by any such authority under section 192(3);