Only decisions taken by public bodies can be subject to judicial review. The tenants hope to rely on a September 2001 court case in which it was decided that in certain circumstances RSLs act as public authorities.
Simon Foster, the solicitor acting for the three Coventry tenants, said: "It raises questions about the extent of RSLs' accountability following stock transfer. This is a developing area of the law, but RSLs have been designated as public bodies before. It does depend on the context, however. Our challenge is currently at an early stage. Within four weeks we should know if there is something to run with."
Whitefriars Housing Group has managed the homes in the Hillfields area of Coventry since September 2000, following stock transfer. It unveiled plans for demolition in late June, claiming the buildings were outdated, ugly and would cost too much to repair.
A judicial review would consider the process by which Whitefriars reached its decision to demolish.
The court could not seek to overturn the decision. But it could rule that the decision be re-taken in accordance with the law.
Andy McGeechan, one of the tenants who sought legal advice, said Whitefriars' decision was based on inflated repair figures and went against commitments made before stock transfer. He said: "People voted in favour of transfer in the expectation that their houses would be improved, not knocked down."
Consultation showed the majority of tenants opposed large-scale demolition, McGeechan added. The blocks concerned comprise more than 450 flats.
Whitefriars executive director Alison Hadden said the group had stopped letting homes in two blocks which she expected to be ready for demolition by the end of the financial year. She added: "We will hold meetings to let people know what is going to happen. Those who want to stay will be provided for: 300 flats will be kept."
Source
Housing Today
No comments yet