Social Housing Sector Projects
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    Lower Farm
    Foxcotte
    Andover
    Hampshire SP10 4AA
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News

    Weaver Appeal Rejected

    Date issued: 11th November 2009

    The Supreme Court of England and Wales has rejected an application to appeal from L and Q in the Weaver case.

    In June the Court of Appeal decided that L and Q, and by implication all other similar registered housing providers (formerly RSLs) were public bodies.

    Associations may want to revisit the original case to consider whether they consider themselves to be a similar association to L&Q in the terms expressed by the Court of Appeal. (See here)

    The Court of Appeal decision has wide implications for all similar Registered Providers. It means that their decisions can be the subject of Judicial Reviews and, like all other public bodies, they are subject to the Human Rights Act. It may also mean that, like other public bodies, they are subject to the Freedom of Information Act(FoIA).

    Associations may want to review their documentation to ensure that it is clear that for various purposes they may be considered 'Public Bodies' and that information may be disclosed under the FoIA, for example in contract documentation.