No queue-jumping on transfers

Mr Wakie was tenant of a one-bed council flat. In 2002, when his wife became pregnant, he applied for a transfer to a larger flat. In January 2002 the child was born.

The council had a points-based allocation scheme covering new applicants and transfer cases.

In March 2002, Wakie was given 99 points, taking account of overcrowding, room deficiency and time spent waiting. In September 2002, he was awarded an extra 70 medical points.

By July 2003 there were 2694 applicants in the waiting list for two-bed homes. Wakie's 169 points placed him 1567th.

The council had re-let just 444 two-bed homes in the past two years, so it was likely he would wait many years for a transfer.

He challenged the council's assessment of his medical points.

A High Court judge dismissed his claim as the council's medical officer had considered the medical evidence and correctly applied the medical points categories in the council's scheme, Wakie did not fall into any group attracting higher medical points and the officer's assessment could not be described as irrational. The judge said "it should not be thought that an application to this court will permit one tenant over and above others, perhaps equally deserving, to jump the queue".

Correction: for last week's case (Wigan MBC v G) the correct case reference was [2003] EWCA Civ 1256