High Court, in an application for leave to seek judicial review of the decision of a local authority not to provide priority to a housing application, finds that the applicants do not reach the low threshold required for leave, and that they were out of time to seek judicial review.
Judicial review – application for leave on notice –housing application – challenging the failure or refusal by county council to accord medical disability priority to that application – seeking to elevate their application to the priority list with immediate effect – seeking the court to compel the council or health executive to offer suitable accommodation as soon as possible to the applicants or compelling them to consider purchasing alternate accommodation – seeking compensation – background - legitimate expectation – delay in seeking judicial review- no application to extend time – test for leave to seek judicial review - no possibility of a satisfactory claim being made out at this time against the HSE because of the delay - alternate remedies - nothing irrational identified in council’s allocation - no evidence before me that the EU Directive applies - whether the social housing application process is or is not subject to judicial review challenge does not arise as the leave application is denied because the applicants do not reach the low threshold required for leave.