Stand firm
Landlords must make sure their policies on medical assessment are robust enough to withstand unforeseen changes, says Polly Glynn
Tempting though it is to see the judgement in Adow v Newham as a condemnation of local authorities’ practice of outsourcing medical assessments, the main issue in this case was narrower - though still significant for social landlords.
The case revolved around the level of priority given to the claimant’s application for re-housing based on her family’s medical problems. Newham Council’s housing allocation policy stated that medical factors would be considered by their medical assessment officer. This officer had left the council, so the application was sent to Dr John Keen at NowMedical who decided that no priority should be granted.
The challenge was launched on the narrow grounds of whether the council was entitled to deviate from its published allocation policy. Newham was unable to conduct a lawful response to the challenge as they did not have a medical assessment officer in place, as required in the allocation policy. This was exacerbated further by its conduct of the litigation, with the judge finding the authority was ‘anxious for some considerable time to hide its position as far as possible’, granting a declaration that Newham’s outsourcing of medical assessments was unlawful.
The assessment of medical issues in housing cases can be crucial in deciding which applicants get re-housed. The case has underlined the importance of housing providers deciding these issues in a fair and lawful manner, whatever the practical problems. It serves as a timely reminder to ensure housing policies are robust enough to withstand a possible unforeseen change of circumstance and reiterates the importance of engaging with candour in public law litigation.
Polly Glynn is a partner at Pierce Glynn
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