New Judgment: Tomlinson & Ors v Birmingham City Council  UKSC 8
17 Wednesday Feb 2010
On appeal from:  EWCA Civ 1228.
Concerned Birmingham City Council’s refusal to provide local authority accommodation to three homeless people. The question before the Supreme Court was whether the appellants’ ECHR, art 6 rights (to a fair and public hearing) were breached by the process followed by Birmingham City Council pursuant to the Housing Act 1996. The Supreme Court unanimously dismissed the appeal. A decision that a local housing authority takes under the 1996 Act that it has discharged its duty to an applicant is not a determination of the applicant’s “civil rights” for the purposes of art 6(1).