Adan v Newham LBC [2002] 1 W.L.R. 2120

An asylum seeker’s request for housing was denied under statute because the local authority and appeal officer did not believe that she planned to settle in the UK permanently.

The county court found a counter-finding of fact i.e. that she DID intend to settle and that the LA had to return the question to a new appeal officer who would be independent and impartial for the purposes of art. 6.

CA struck out the latter part of the order (that the question had to go to a NEW appeal officer) was beyond the county court’s jurisdiction under the County Courts Act - once the decision had been quashed and the LA had to go through the fact-finding and decision making process again, it was not for the county court to tell them how to do this.

However CA said that the appeal officer as an employee of the housing authority cannot constitute an independent and impartial tribunal, though LA could appoint an independent party to determine the facts.