Tower Hamlets London Borough Council, ex parte Spencer [1995] 29 HLR 64 (QBD)

Assessment – relevant evidence – disability – suitability of accommodation

The local authority’s reliance on an original medical assessment, when deciding on suitable accommodation for the disabled applicant, was procedurally unfair. The local authority had failed to uphold an undertaking to obtain an updated medical assessment, and had failed to take into account subsequent evidence from a hospital consultant and an occupational therapist. It was plain from that evidence that the applicant’s condition had improved and it was therefore irrational for the authority to conclude that premises, adapted for a much higher level of disability than that of the applicant, were suitable for her.

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