When social housing is to be allocated, it is not necessary for the housing provider to do more than place applicants in groups of equivalent housing need and then allocate housing on a ‘first come first served’ basis.

Whilst exceptional cases may exist, the House of Lords was able to agree with Newham District Council’s argument that, provided it set up its housing priority lists to comply with the applicable law, the creation of a ‘points’ system to put applicants into one of three categories within which they were offered properties according to how long they had been on the council’s housing list, was justifiable.