CEDH · PRESS;HEARINGS;ENG — 22 novembre 2005

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .s3CED24E9 { width:27.05pt; text-indent:0pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS   630 22.11.2005   Press release issued by the Registrar   CHAMBER HEARING TSFAYO v. THE UNITED KINGDOM   The European Court of Human Rights is holding a Chamber hearing today Tuesday, 22   November 2005 at 9.30 a.m., on the merits in the case of Tsfayo v. the United Kingdom (application no. 60860/00).   The applicant   The case concerns an application brought by an Ethiopian national, Tiga Tsfayo, who was born in Ethiopia in 1975 and lives in London.   Summary of the facts   In 1993 the applicant arrived in the United Kingdom from Ethiopia and sought political asylum. She was initially provided with accommodation by the social services department of Hammersmith and Fulham Council (the council) in London. On 21 April 1997, she moved into accommodation owned by a housing association. A member of the housing association’s staff helped her complete her application for housing and council (local) tax benefit which was submitted to the council in April 1997. The application was successful.   Ms Tsfayo was required by law to renew her application for housing and council tax benefit on an annual basis. Because of her lack of familiarity with the benefits system and her poor English, she failed to submit a benefit renewal form to the council within the required time. In September 1998, she received correspondence from the housing association about her rent arrears. As she did not understand the correspondence, she sought assistance from the council’s advice office. After obtaining that advice, she realised that her housing and council tax benefit had ceased on 15 June 1998. She therefore submitted both a prospective claim and a backdated claim for both types of benefit.   The prospective claim was successful and the applicant began to receive housing benefit again from 4 October 1998, but the council rejected the application for backdated benefit because the applicant had failed to show “good cause” why she had not claimed the benefits earlier.   For the period 15 June to 4 October 1998 the applicant lost housing benefit of 860.00 pounds sterling (GBP) and – as her rent exceeded the benefit to which she had been entitled – her rent arrears amounted to GBP   1,068.86. The housing association started possession proceedings, seeking the applicant’s eviction for non-payment of rent, and the local authority also brought proceedings based on the applicant’s failure to pay council tax of GBP   163.36 for the year 1998/99. On 19   October 1998 a court order was made allowing the local authority to deduct GBP 2.60 per week from the applicant’s income support of GBP   35.87.   The applicant appealed against the council’s refusal to pay backdated council tax and housing benefits. Her case was heard on 10 September 1999 by Hammersmith and Fulham Council Housing Benefit and Council Tax Benefit Review Board (the HBRB). The HBRB consisted of three councillors from the council. It was advised by a barrister from the council’s legal department. The applicant was represented by Fulham Legal Advice Centre and the council was represented by a council benefits officer. The HBRB rejected the applicant’s appeal, finding that the applicant must have received some correspondence from the local authority during the period 15 June to 4 October 1998 concerning the council tax she owed, although no such correspondence was produced to it.   On 13 September 1999 the housing authority’s possession proceedings against the applicant concluded with a court order requiring her to pay off the rent arrears at GBP 2.60 a week (in addition to the GBP 2.60 per week for council tax arrears).   On 6 December 1999, the applicant sought judicial review of the HBRB’s decision. She complained that the HBRB had acted unlawfully because it had failed to make adequate findings of fact or provide sufficient reasons for its decision. The applicant also alleged that the HBRB was not an “independent and impartial” tribunal.   On 31 January 2000, the High Court dismissed the applicant’s application for leave to apply for judicial review on the grounds that the European Convention on Human Rights had not yet been incorporated into English law, and further dismissed the application on the merits, on the grounds that the HBRB’s decision was neither unreasonable nor irrational. The applicant was unable to appeal because legal aid was refused. She was subsequently advised that her appeal had no prospects of success.   Complaint   The applicant complains that the HBRB is not an independent and impartial tribunal, as required by Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights.   Procedure   The application was lodged before the European Court of Human Rights on 25 July 2000 and declared admissible on 24 August 2004.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Josep Casadevall (Andorran), President , Nicolas Bratza (British), Matti Pellonpää (Finnish), Rait Maruste (Estonian), Stanislav Pavlovschi (Moldovan), Javier Borrego Borrego (Spanish), Ljiljana Mijović (citizen of Bosnia and Herzegovina), judges , Giovanni Bonello (Maltese), Kristaq Traja (Albanian), Lech Garlicki (Polish), Ján Šikuta (Slovakian), substitute judges , and also Michael O’Boyle , Section Registrar .   Representatives of the parties   Government :   John Grainger , Agent ,   James Eadie , Counsel ,   Jo Kenny , Anna Powick , Advisers ;   Applicant :   Richard Drabble , Counsel ,   Paul Draycott , Solicitor ,   Pam Donohue, Adviser .     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.     ***     Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54)   Beverley Jacobs (telephone: +00 33 (0)3 90 21 54 21) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.