Makisi v Birmingham CC; Yosief v Birmingham CC; Nagi v Birmingham CC

A homeless applicant has the right to insist on an oral hearing on a review under s.203 of the Housing Act 1996.

Nik Nicol appeared as counsel for Mr Nagi.

Patricia Tueje appeared as counsel for Ms Yosief.

The Court of Appeal today upheld the argument that homeless applicants have a right to an oral hearing on a review of their case by a local housing authority.  In three conjoined appeals, it was successfully submitted that the applicant could insist on an opportunity to present their case face-to-face to the authority, through a representative if they choose.  The Appellants’ solicitors, Community Law Partnership, had been trying to get such oral hearings for many of their clients but Birmingham had insisted that their offer of a telephone conference was sufficient.  While it is for the authority to decide how the oral hearing proceeds, the choice whether to have such a hearing at all now lies in the hands of the applicant.

Further details can be found here.




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