Permission for homelessness petition for judicial review to proceed against Glasgow City Integration Joint Board
Lady Paton has granted permission for a petition to proceed for judicial review of a homelessness decision against the Glasgow City Integration Joint Board (GCIJB).
A procedural hearing has been assigned for August 22 and a substantive hearing for October 3 at 10am in Zungunde v. Glasgow City Integration Joint Board which is also known as the Glasgow City Health and Social Care Partnership.
The intentional homelessness decision was made by Glasgow City Council on behalf of the GCIJB. It is believed that this may be the first petition for judicial review in Scotland against an Integrated Joint Board with respect to its delegated statutory responsibilities and duties.
The GCIJB is a body corporate established by Order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014 (the 2014 Act). On 6 February 2016, the GCIJB assumed delegated duties and decision-making power under Part II of the Housing (Scotland) Act 1987 (the 1987 Act) in terms of section 1(5) of the 2014 Act, its Integration Scheme approved under section 7 of the 2014 Act, and The Public Bodies (Joint Working) (Integration Joint Board Establishment) (Scotland) Amendment Order 2016 (SSI 2016/2).
Although the GCIJB subsequently issued a Direction under section 26 of the 2014 Act for Glasgow City Council to carry out its functions under the Part II of the 1987 Act, the petitioner’s position is that in terms of inter alia section 25(3) of the 2014 Act, the duties and powers under Part II of the 1987 Act rest with the GCIJB, and that Glasgow City Council act on the GCIJB’s behalf.
The GCIJB is represented by the NHS Scotland Central Legal Office while the petitioner is represented by Govan Law Centre’s Mike Dailly, Solicitor Advocate.