In R (S and J) v Haringey  EWHC 2692 (Admin) the local authority had placed reliance on a failure of the applicant to provide evidence of how the applicant had paid her rent, and she had not provided wage slips. The local authority had not, however, made specific requests for that information and had not given her opportunity to respond to the adverse inference drawn. That was procedurally unfair, and the assessment was quashed.
"107. Concerns about the lack of information, in particular on how rent was paid in the past, and in relation to JB's wages were not put to her before adverse inferences were drawn. In my judgment that was a procedural deficiency which caused unfairness to JB and to the Claimants. 108. That procedural deficiency which caused unfairness to JB and to the Claimants was an error of law."
Section 17 assessments and procedural fairness - Sam Jacobs Doughty Street Chambers