Heavey vs London Borough of Haringey

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Judicial Review

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In the High Court of Justice

Administrative Court

Application for urgent consideration This form must be completed by the Claimant or the Claimant’s advocate if exceptional urgency is being claimed and the application needs to be determined within a certain time scale.

Claim No.

The claimant, or the claimant’s solicitors must serve this form on the defendant(s) and any interested parties with the N461 Judicial review claim form.

To the Defendant(s) and Interested Party(ies) Representations as to the urgency of the claim may be made by defendants or interested parties to the relevant Administrative Court Office by fax or email:For cases proceeding in

Defendant(s) London Borough of Haringey

Claimant(s) (including ref.)

Declan Heavey

Interested Party(ies)

London Fax: 020 7947 6802

email: administrativecourtoffice.generaloffice@hmcts.x.gsi.gov.uk

Birmingham Fax: 0121 250 6730

email: administrativecourtoffice.birmingham@hmcts.x.gsi.gov.uk

Cardiff Fax: 02920 376461

email: administrativecourtoffice.cardiff@hmcts.x.gsi.gov.uk

Leeds Fax: 0113 306 2581

email: administrativecourtoffice.leeds@hmcts.x.gsi.gov.uk

Manchester Fax: 0161 240 5315

email: administrativecourtoffice.manchester@hmcts.x.gsi.gov.uk

SECTION 1 Reasons for urgency The Claimant and his wife have been street homeless since 13 April 2013. Exceptional urgency is being claimed because of the Claimant’s personal circumstances and medical condition as follows: The Claimant and his wife were stopped by two City of London Police officers on the night of 22 April 2014 for sleeping rough and the Claimant’s wife threatened with an arrest on the trumped-up charge of assaulting a police officer.[1] Consequently, they have been forced to spend their nights since 23 April sleeping in night buses despite the Claimant’s chronic asthmatic condition that can be life threatening.[2] And their move into a flat in Newham, for which the Claimant was nominated on 26 March, and that had been arranged by the Single Homeless Project (SHP) for no later than 5 May (following their viewing of the property on 29 April), was postponed on 2 May without a new date set.[3] Of late, the Claimant has been using a reliever inhaler for his asthma several times a day and particularly during the night which is concerning to both him and his wife.[4] __________________________ 1. See the Claimant’s first contact letter from the City of London Police Professional Standards Department enclosed herewith.

2. See the Claimant’s Discharge Summary from the Royal London Hospital enclosed herewith.

3. See the Claimant’s correspondence with the SHP enclosed herewith.

4. See the Claimant’s wife’s blog of 6 May 2014, “Threat to life: updated complaint to the United Nations” at: http://network-of-those-abused-by-church.blogspot.co.uk/2014/05/threat-to-life-formal-complaint-to.html

SECTION 2 Proposed timetable (tick the boxes and complete the following statements that apply) ✔

14 days a) The N461 application for permission should be considered within hours/days

If consideration is sought within 48 hours, you must complete Section 3 below ✔

b) Abridgement of time is sought for the lodging of acknowledgments of service

✔

2 June 2014 c) If permission for judicial review is granted, a substantive hearing is sought by

N463 Judicial review Application for urgent consideration (10.12)

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(date)

© Crown copyright 2012

SECTION 3 Justification for request for immediate consideration Date and time when it was first appreciated that an immediate application might be necessary.

Date

Time

Please provide reasons for any delay in making the application.

What efforts have been made to put the defendant and any interested party on notice of the application?

SECTION 4 Interim relief (state what interim relief is sought and why in the box below) A draft order must be attached.

The Claimant is seeking a mandatory order that compels the Defendant to carry out a review of its decision of 16 April 2014 that the Claimant does not have a priority need for temporary accommodation, and provide the Claimant with a review notice that includes details of what steps to take next if he does want to appeal to HMCTS following a review.

A Shelter factsheet, “Do I have a priority need for housing?”, states: “You have the right to request a review of a decision that you do not have a priority need, but you must make your request within 21 days of being notified of the decision.” The Claimant asked for a review within one day of the decision that he does not have a priority need.

On 8 May 2014, in reply to the Claimant’s judicial review letter before claim of 3 May, the Defendant would only offer the Claimant another assessment, not a review of its decision of 16 April that he did not have priority need; and this notwithstanding his personal circumstances and medical condition as revealed in his pre-action letter taken together with its enclosures.

Failing the remedy referred to in the first paragraph above, the Claimant seeks permission to proceed with a claim for Judicial Review on the ground of procedural unfairness. A draft order is attached.

SECTION 5 Service A copy of this form of application was served on the defendant(s) and interested parties as follows: Defendant by fax machine to Fax no.

Interested party by fax machine to

time sent

Fax no.

time

by handing it to or leaving it with

time

by handing it to or leaving it with

name

name

Cllr Claire Kober, Leader’s Office, River Park House, 225 High Road, Wood Green, London N22 8HQ

by e-mail to

by e-mail to

Date served

Date served

e-mail address

e-mail address

Date

Date

13 May 2014

I confirm that all relevant facts have been disclosed in this application Name of claimant’s advocate

time sent

Claimant (claimant’s advocate)

name

Signed

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