R v Servite Houses, ex p Goldsmith (2001)

Court: Court of Appeal

Facts: Goldsmith applied for judicial review concerning the allocation of housing by Servite Houses, a housing association. The local council had indicated that it would provide housing for individuals in need. Goldsmith challenged the decision of the housing association, claiming that their actions were unjust and did not align with the needs of the community.

Issue: Whether the decisions made by Servite Houses, as a private housing association, were subject to judicial review.

Held: The Court of Appeal rejected Goldsmith's claim, holding that Servite Houses was a private body and not a public authority. Consequently, the actions and decisions of the housing association were not amenable to judicial review, as they did not possess the governmental powers required for such scrutiny.

Key Judicial Statements: Lord Justice Brooke stated: “Housing associations, while fulfilling an important role, are not public bodies exercising governmental functions. Their decisions, therefore, are not subject to judicial review” [12].

💡 LevelupLaw: reaffirms the principle that private bodies, even those engaged in social services like housing, do not fall within the scope of judicial review unless they are exercising public functions. It highlights the limitations of judicial oversight in matters involving private organizations.