Podcast Location:
Sorry, this podcast has been removed as it is now out of date
Categories:
Human Rights & Public Law
Residential Property
Housing & Property
CPD Points:
Up to 1 point. details »

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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to analyse the development of the law and arguments in favour of treating private housing associations as subject to public law principles. It will examine the arguments and political pressures that have contributed to the current debate as to housing association's accountability and the likely consequences that flow from having a public law status.

Outcomes:
After completing the course you will:
  • Understand the development of the law in relation to housing associations' status since the case of Peabody;
  • Be aware of the arguments in favour of making housing associations amenable to public law principles;
  • Understand the consequences that flow from public law status;
  • Know when a housing association's decision may be amenable to public law challenge;
  • Be aware of the European implications of classifying housing associations as public bodies.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Housing Act 1988 s5, Grounds 8;
  • Peabody Housing Association Ltd v Green (1978) 38 P&CR 644;
  • R (on the application of) v Servite Houses & Anor [2000] EWHC Admin 338;
  • Donoghue v Poplar Housing & Regeneration Community Association Ltd & Anor [2001] EWCA Civ 595;
  • R (on the application of Weaver) v London & Quadrant Housing Trust [2008] EWHC 1377;
  • YL v Birmingham City Council [2007] 3 WLR 112.

This podcast discusses the development of the law as it applies to private housing associations and whether the function and nature of their work qualifies them to come within the ambit of public law principles, including their potential exposure to challenges by way of judicial review, freedom of information and the Human Rights Act 1998.

Podcast last reviewed: 2011-08-30

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.

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