Discretion in Allocation Schemes

Mr and Mrs Giles lost their housing association home when a possession order was made on "nuisance" grounds. The couple separated. Mrs Giles was found intentionally homeless and was moved with her children into a B&B paid for by social services. She applied for council housing and was put on the register to be assessed. The council then used a clause in its allocation scheme to defer an offer of housing for up to five years, subject to a review after one year.

Mrs Giles claimed the clause was unlawful as it set out no criteria for the exercise of discretion and no reasons had been given for its application in her case.

Her claim was dismissed. The council's officers and committee had clearly considered the relevant personal circumstances before applying the clause. There was no duty to give reasons. The clause itself was lawful despite conferring a general discretion. The law gave a council wide discretion on the content of its scheme.