The High Court reiterated the fact that not all functions carried out by a housing association are public functions. M made an application to P for approval of a mutual exchange of his flat. P refused and M brought judicial review proceedings regarding P’s decision.
The court held that P was not performing a public function in considering the exchange. Relevant facts included: the property which M occupied had been bought with private funds; although it was key-worker housing at reduced rent, it was not pure social housing; rent for the property was not subject to the same controls as social housing and P did not have an allocation relationship with a local authority. Overall there was insufficient public flavour to the whole arrangement to allow a JR.