Transport for London Our Ref: Your Ref:
AC
e
15 July 2015 Mr Declan Heavey 71 Queens Road West London E13 OPE
Transport for London Legal Windsor House 42-50 Victoria Street London SW I H OTL Fax 020 3054 3556 www.tfl.gov.uk
Dear Mr Heavey Please find enclosed by way of service the GLA's Acknowledgment Grounds of Defence in this claim. Yours sincerely
If Anna Condliffe Legal Direct Line: 020 3054 7937 Email: annacondliffe@tfl.gov.uk Please note we do not accept service by email Enc.
MAYOR OF LONDON
of Service and
RECEIVED IN--AOUINISTRATIw.: COURT OFFICE
Judicial Review Acknowledgment
1 ~ JUL 2015
of Servic
E
..
-
Name and address of person to be s'_e d .. --_. .. _--Name (1) Declan Heavey (2) Single Homeless Project (ref: Liz Rut herfoord)
__
••1... - J.-~
•
In the High Court of Justice
Administrative Court
~---14laimNo. Claimant(s)
C0/2872f2015
Declsn Heavey
(including ref)
Defendant(s)
Greater London Authority
Interested Parties
Single Homeless Project
AddreS$
(1) 71 Queens Road West, London E13
OPE
(2) 245 Gray's Inn Road, London WC1X BQY ._ ..
SECTION A Tick the appropriate
box
1. I intend to contest all of the claim complete sections B, C, D and F 2_ I intend to contest part of the claim complete section F
3. I do not intend to contest the claim 4. The defendant
(interested party) is a court or tribunal and intends to make a submission.
complete sections B, C and F
5. The defendant (interested party) is a court or tribunal and does no1 intend to make a submission. 6. The applicant has indicated that this is a claim to which the Aarhus Convention applies. Note:
complete sections Band F
D
complete sections E and F
If the application seeks to judicially review the decision of a court or tribunal, the court or tribunal need only provide the Administrative Court with as much evidence as it can about the decision to help the Administrative Court perform its judicial function.
SECTION B fnsert the name and address of any person you consider should be added as an interested party.
address
address
ITelePhone no.
I""'" ress odd
-I [Fax no.
.. _ .._-_.
ITelePhone no.
I·~a;,add""
1 of 4 N462 Judidal review Acknowledgment of service (04.13) This form is reproduced from http://hmclsformffnderJustice.qov.uIrIHMCTSlFormFinder.do sector information licensed under the Open Government Licence v2.0
J
I
Fax no.
© Crown copyright 2013 and is subject to Crown copyright protection. Contains public
SECTION C Summary of grounds for contesting the claim. If you are contesting only part of the claim, set out which part before you ive our rounds for contestin it. If au are a court or tribunal filin a submission, lease indicate that this is the case.
Please see attached Grounds.
20f4 N462 Judicial review Acknowledgment of service (04.13) This form is reproduced from http://hmctsformfinder.iustice.gov.uklUMCTSIFormnnder.do sector infonnation licensed under the Open Government Licence v2.0
Š Crown copyright 2013 and is subject to Crown copyright protection. Contains public
'.
-
SECTION D Give details of any directions you will be asking the court to make, or tick the box to indicate that a separate application notice is attached.
~/A
If you are seeking a dlrection that this matter be heard at an Administrative Court venue other than that at which this claim was issued, you should complete, lodge and serve on all other parties Form N464 with this acknowledgment of service.
SECTION E Response to the claimant's contention that the claim is an Aarhus claim
DYes D
Do you deny that the claim is an Aarhus Convention claim?
No
If Yes, please set out your grounds for denial in the box below.
SECTION F
"delete 9S appropriate
*(+b9Iieve)(The defendant believes) that the facts stated in this form are true. *1am duly authorised by the defendant to sign this statement.
(If signing on
behalf of firm or company,
court or tribune!)
Position
SO!J
Qr office held c..\ TtJ
R
~AN5(OKC
fo~
LQ;.j"90tV
b~Oy~~ ~;~1 ISI.OO.4-c-~~ ~f!____..:__ your solicitor or litigation friend)
.
Give an address to which notices about this case can be sent to you
If you have instructed counsel, please give their name address and contact details below.
nama
Anna Condliffe, Transport for London Legal address
address
Windsor House, 42-50 Victoria Street London SW1 H OTL
IFaxno. E路mail
address
annacondliffe@tfl.gov.uk
----j
.._IT_el_e_Ph_O_"_e_no_"
_,1
Lax~o.
I
E-mail address
Completed forms, together with a copy, should be lodged with the Administrative Court Office (court address, over the page), at which this claim was issued within 21 days of service of the claim upon you, and further copies should be served on the Claimant(s), interested parties within 7 days of lodgement with the Court.
any other Oefendant(s)
and any
30'4 N462 Judicial review Acknowledgment of service (04.13) This form is reproduced from hftp://hmctsformfinder,juslice.gov.uklHMCTSIFormFinder,do sector information licensed under the Open Government Licence v?O
漏 Crown copyright 2013 and is subject to Crown copyright protection. Contains public.
Administrative
Court addresses
•
Administrative Court in London Administrative Court Office, Room C315, Royal Courts of Justice, Strand, london, WC2A 2LL.
•
Administrative Court in Birmingham Administrative Court Office, Birmingham Civil Justice Centre, Priory Courts, 33 Bull Street, Birmingham B4 60S.
•
Administrative Court in Wales Administrative Court Office, Cardiff Civil Justice Centre, 2 Park Street, Cardiff, CF10 1ET .:
•
Administrative Court in Leeds Administrative Court Office, Leeds Combined Court Centre, 1 Oxford Row, Leeds, LS1 3BG.
•
Administrative Court in Manchester Administrative Court Office, Manchester Civil Justice Centre, 1 Bridge Street West, Manchester, M3 3FX.
40(4 N462 Judicial review Acknowledgment of service (0413) © Crown copyright 2013 This form is reproduced from hflp:Jlhmctsfcrmfinder.jusfice.gov. tlklHMCTSlFormFinderdo and is subject to Crown copyright protection. Contains public sector infonnation licensed under the Open Govemment licence v2.0
CO/2872/2015 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT BETWEEN THE QUEEN on the application of Declan Heavey Claimant -and-
The Greater London Authority
Defendant -and -
Single Homeless Project Interested Party
DEFENDANT'S GROUNDS OF OPPOSITION TO THE CLAIM
1.
The Claimant describes
seeks permission
to bring
a judicial
in his claim form as "the Defendant's
review of a decision which he
decision to uphold the Claimant
his wife's referral from GLA Housing First to Clearing HouselT~T the 2014/15 Pilot Funding Agreement
between GLA
and
in contravention
of
and SHP at Schedule 2." The
date of the decision is said to be 23 March 2015. 2.
For the reasons set out in these Grounds, misconceived.
The Defendant respectfully
the Defendant considers
that the claim is
asks the Court to refuse permission
to declare the claim to be totally without merit.
and
Background The Clearing House 3,
In 2011 the Department responsibility services.
& Local Government
for Communities
devolved
to the Defendant for the provision of pan-London
rough sleeping
This included the services provided by the Clearing
partnership
with housing providers
housing. the role of the Clearing support of designated
and organisations
House. Working in
which refer rough sleepers for
House is to co-ordinate
the letting, management
Rough Sleeper Initiative (RSI) properties
sleepers with support needs can access suitable accommodation made of RSI housing stock.
The GLA currently commissions
and
so that verified rough and best use is
St Mungo's Broadway
to provide Clearing House services. 4.
Traditionally,
tenancies
granted for Clearing House properties are for two years: with
an option to renew. There is an expectation
that all Clearing House tenants have to
engage with a tenancy support team (TST) and will have an allocated support worker to ensure that they receive appropriate
support to prevent them from returning to
sleeping rough, to assist them to maintain their tenancy and to help them move on.
The Housing First Project 5,
GLA Housing First was
a
years, finishing in March
pilot project commissioned
in March 2012 for a period of 3
2015. Its aim was to provide small numbers of homeless
people and rough sleepers in London with stable (at least two year) tenancies in private, social or council housing in circumstances otherwise
where their support needs may
have excluded them from access to such housing. The housing used for
this project came from the RSI housing stock managed 6.
by the Clearing House.
Under the project, clients were first provided with accommodation support with practical tenancy-related
and then received
issues from Housing First support workers
They also had the option of further support such as training and coaching, with the aim of helping clients to sustain their tenancies.
However, receipt of such support
was not a condition of the tenancy.
7.
To provide the support services,
GLA commissioned
3 charitable organisations,
Including the Interested Party, Single Homeless Project (SHP). into a funding agreement
(the Agreement)
The GLA entered
with SHP dated 13th March 2014, a copy
of which has been attached to the Claim Form.
8.
The Claimant and his wife became Housing First clients on provided with accommodation
17 May 2014 and were
by Family Mosaic Housing Association.
Support
services were made available by SHP.
The decision 9.
under challenge
On 4 September 2014, following a decision by the GLA not to extend the Housing First pilot due to lack of funding,
SHP wrote to the Claimant to inform him that the 3
year GLA Housing First pilot would be coming to an end in March 2015.
:: .
,
10.
The Agreement
provides at clause 3.1 that it shall continue in force until 31 March
2015. Schedule 2 of the Agreement sets out milestones for the project, noting that by 31 March 2015 "secure exit plans" should be in place for all clients still in tenancies
a1 that point. There is no explanation
what constitutes
11.
or definition in the Agreement
a "secure exit pian".
SHP informed the Claimant that it had been asked Housing
First tenants,
Since SHP's involvement
March 2015, alternative arrangements
to
put in place exit strategies
for
in the project was to end on 31
were necessary.
It was decided as part of the
2014 that all Housing First tenants would be referred back
exit strategy in September
to the Clearing House for assessment, tenancies
of
with TST support.
to ensure that they felt able to manage their
In other words, at the end of the Housing First pilot, the
tenants would revert to being standard Clearing House tenants and as such would fall to be referred for support to the TST like all other Clearing House tenants, Defendant
considered
it important to ensure that arrangements
former Housing First tenants so that they continued
The
were in place for
to have support at the end of the
project.
12,
It is evident from the statement Claimant
of facts and grounds in the Claim Form that the
objects to the decision to refer him to St Mungo's
{the "referral decision"). (by 4 September
However,
Broadway/Clearing
House
because the referral decision was taken in 2014
2014 at the very latest) he is now far too late to challenge
that
A claimant in judicial review proceedings must bring his claim "promptly" and in any event within 3 montt:s of the decision decision in judicial review proceedings. being challenged,
13,
It may be for this reason that the Claimant challenge
as being the Defendant's
referral decision.
has identified the decision under
In fact, the Defendant's
letter of 23 March 2015 (which was
attached to the Claim Form) was a response letter.
on 23 March 2015 to uphold the
"decision"
to the Claimant's
pre-action
protocol
It did not amount to a new decision and the GLA has not reviewed the earlier
decision or taken any new decision regarding
the Claimant's
tenancy.
Alleged illegality 14,
As set out above, the Defendant
denies that the Claimant
which is susceptible
by judicial review.
to challenge
principle a decision which could be challenged,
has identified any decision
Even assuming
the Claimant
that there is in
has not advanced
any
arguable legal grounds which would justify the grant of permission.
15.
The basis of the Claimant's
claim is that the "decision" to uphold the referral decision
is in breach of the Agreement, referred to in the milestones
because it does not constitute in Schedule 2. The Claimant
a "secure exit plan" as
considers
that referral to
Clearing House with support from TST is not a "secure exit plan" because the nature of the tenancies
provided
under Housing First.
by Clearing House differs from those that were offered
17.
Although
the nature of the tenancies
offered by Housing First and Clearing House
may be different, this does not give the Claimant any arguable legal basis for seeking to challenge
the "decision".
(i) The Agreement
In particular:
does not define what is meant by a "secure exit plan" and it is not
a term of art. The GLA, acting reasonably and within its statutory powers, was entitled to choose Clearing House as a replacement
for the Housing First pilot. There
is no basis on which that decision can be said to be unlawful. (ii) The Claimant can have had no expectation continue beyond March
that the Housing First pilot would
2015 - it was always intended to be and was consistently
referred to as a pilot, as illustrated
by the date of termination
Claimant has been aware of this fact since
of the Agreement.
The
4 September 2014 at the latest.
(iii) The change from Housing First to Clearing House does not give rise to any breach of the Claimant's
human rights, as alleged or at all.
(iv) There is no legal basis for the Claimant's proceedings; damages
attempt to seek damages
in these
the Claimant has not identified any cause of action in respect of which
could be recoverable.
Relief sought 18.
The Claimant seeks a quashing
order in respect of the alleged "decision"
but it is not
clear what he hopes to achieve: the Housing First project is at an end so continuation of the tenancy on that basis is not an option.
Conclusion 19.
For the reasons set out in these Grounds, the Defendant submits that permission this claim should be refused.
In the Defendant's
declared totally without merit.
20.
The Defendant seeks its costs of preparing the Acknowledgment
Transport for London Legal
14 July 2015
for
submission the claim should also be
of Service.