case digest

'local connection'


McMillan -v- Kyle and Carrick District Council 1995 SCLR 365 (Outer House)
Ms McMillan was born and brought up in Ayr until 1989, when she moved with parents to Sunderland. After the birth of her daughter she decided to return to Ayr, as she feld she had never been 'accepted' in Sunderland. She had a sister and wider family in Ayr. She applied to Kyle and Carrick for housing and was deemed to have no 'local connection', and was referred to Tyne and Wear Council. On petition, the council's decision was quashed. The facts demonstrated that Ms McMillan had 'real and enduring' links with the Kyle and Carrick area; the council had operated a ridgid adherence to local authority agreements on referrals.

R -v- Eastleigh BC ex parte Betts [1983] 2 AC 613; (1983) 10 HLR 97, HL
Mr Betts lost his job and fell into rent arrears; the family were evicted. He applied to Eastleigh, who determined that he had no local connection and referred the application back to Leicestershire Council. The House of Lords held that the onus of establishing a local connection rests on the applicant. Applicants have to show that they have built up a real connection with an area based upon, a period of residence; employment; family associations; or some other special circumstances.

R -v- Slough BC ex parte Khan (1995) 27 HLR 492, (Queens Bench Division)
The applicant had moved from Rochdale to live with his uncle in Slough. The uncle's tenancy was terminated and the applicant applied to the council for accommodation. The council determined that he 'had not secured accommodation for six months or more in the Borough'. The High Court quashed this decision as the council had exclusively considered 'residence' and had failed to have regard to other material considerations such as family connections - which the applicant had in the borough.