The Challenge
In December 2023, the NIHRC sought leave to issue judicial review proceedings against the Northern Ireland Housing Executive and the Department for Communities in relation to the design and operation of the Housing Selection Scheme, specifically in relation to the award of intimidation points.
The NIHRC contended that the design and implementation of the scheme meant that there are applicants in danger of not being adequately protected by the Scheme, for example those who are experiencing gender-based violence, domestic violence and intimidation on the grounds of nationality or from within their own community. Further, there is no mechanism by which to challenge a decision to refuse intimidation points outside of the general complaints process.
The NIHRC issued these own-motion proceedings under section 71(2B) of the Northern Ireland Act 1998.
Human Rights engaged
Articles 2, 3, 6, 8 and 14 ECHR
Outcome
The NIHRC withdrew its judicial review application in March 2025 on the basis of an announcement by the Minister for Communities, on 28 January 2025, that Rule 23 of the Scheme was being removed and a proposed Review of Primary Social Need by the NI Housing Executive.
Current Status
The NIHRC will continue to monitor progress of the NIHE’s proposals.