Bauer-Czarnomski, R (on the application of) v London Borough of Ealing

Facts:

Mr Bauer-Czarnomski has been living in a four-bedroomed house owned and occupied by his aging parents, where he has been acting as a carer for both of them. This has placed a burden on him, affecting his health. In 2004, he applied to the Council to be placed under their allocation policy in a band that recognized his medical condition. He was placed in the lowest band, Band D, which he challenged.

Issue:

Whether the Council's decision to place Mr Bauer-Czarnomski in Band D was reasonable given his medical condition and circumstances.

Decision:

The court found that Mr Bauer-Czarnomski should have been placed in at least Band C, if not Band B, given his medical condition and circumstances. The decision to place him in Band D was quashed.

Reasoning:

The court considered medical evidence from Dr Soutzos and Dr Wilson, which supported Mr Bauer-Czarnomski's claim that his current housing conditions were having an adverse effect on his medical condition. The court found that the Council had relied too heavily on the medical views of doctors who had not directly contacted Mr Bauer-Czarnomski or had no direct knowledge of his circumstances. The court also noted that it would be impossible for the Council to do other than place him in at least Band C, given his circumstances. The court therefore quashed the decision to place him in Band D.

Disposition:

The court quashed the decision to place Mr Bauer-Czarnomski in Band D.

Costs:

The court noted that costs for a litigant in person are not generous.