R v Inland Revenue Commissioners, ex p NFSSB [1982] AC 617

House of Lords

Facts: O’Rourke, an ex-prisoner, applied for housing assistance from Camden London Borough Council. The Council mistakenly evicted him from temporary housing without providing an alternative, leading O’Rourke to claim damages for the alleged wrongful eviction.

Held: Lord Hoffmann examined whether section 63(1) of the Housing Act 1985 imposes a tortious duty. He noted that although the Act creates enforceable duties via judicial review, it does not explicitly allow for claims in tort. He referenced X (Minors) v. Bedfordshire County Council [1995] 2 A.C. 633 to emphasize that the existence of a tortious remedy must be clearly indicated by Parliament. The legislative intent in this Act was not to embed a tortious remedy within its framework. Lord Hoffmann also highlighted that Part III of the Act involves significant discretion on the part of the housing authority in deciding what accommodation to provide. This discretion makes it improbable that Parliament intended to create a tortious remedy for temporary duties under the Act. The Court could not see a rational basis for allowing such a claim where public law duties were primarily at stake.

Key Judicial Statement: Lord Hoffmann observed that, "The nature of the subject matter might incline a court to allow a housing authority some latitude in deciding whether it has reason to believe the facts giving rise to the duty."