Appeals and Reviews

Applicants have the right to request the housing authority review their decisions on homelessness cases in some circumstances. If the request is made in accordance with section 202 the housing authority, or housing authorities, concerned must review the relevant decision.

Under section 202(1) an applicant has the right to request a review of a housing authority’s decision:

1. (a) of their eligibility for assistance ( section 202(1)(a) );

2. (b) what duty (if any) is owed to them in relation to the duties owed to persons found to be homeless or threatened with homelessness ( section 202(1)(b) );

3. (c) of the steps the housing authority are to take under section 195(2) which includes having regard to their assessment of the applicants case in the personalised housing plan at the prevention duty ( section 202(1)(bc)(i) );

4. (d) to give notice to bring the prevention duty to an end ( section 202(1)(bc)(ii) );

5. (e) of the steps the housing authority are to take under section 189B(2) which includes having regard to their assessment of the applicant’s case in the personalised housing plan at the relief duty ( section 202(1)(ba)(i) );

6. (f) to give notice to bring the relief duty to an end ( section 202(1)(ba)(ii) );

7. (g) to give notice under section 193B(2) in cases of deliberate and unreasonable refusal to co-operate ( section 202(1)(bb) );

8. (h) to notify their case to another authority under section 198(1) (i.e. a decision to refer the applicant at the main housing duty, to another housing authority because they consider that the conditions for referral are met) ( section 202(1)(c) );

9. (i) under section 198(5) as to whether the conditions are met for the referral of their case to another housing authority at the relief duty or main housing duty (including a decision reached either by agreement between the notifying and notified authority, or taken by a person appointed under the Homelessness (Decisions on Referrals) Order 1998 where agreement cannot be reached) ( section 202(1)(d) );

10. (j) under section 200(3) (i.e. where a decision is made that the conditions for referral are not met and so the notifying housing authority owe the section 193 main housing duty) or a decision under section 200(4) (i.e. a decision that the conditions for referral to a notified authority in Wales are met and the notified authority owe the section 193 main housing duty) ( section 202(1)(e) );

11. (k) as to the suitability of accommodation offered to the applicant under any of the provisions in paragraph (b) or (j) above or the suitability of accommodation offered under section 193(7) in relation to allocations under Part 6 (section 202(1)(f)). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer ( section 202(1B) );

12. (l) as to the suitability of accommodation offered to the applicant by way of a private rented sector offer under section 193 ( section 202(1)(g) ); or,

13. (m) as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer under section 193A or 193C ( section 202(1)(h) ). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

An applicant must request a review before the end of the period of 21 days beginning with the day on which they are notified of the  authority’s decision. We may specify, in writing, a longer period during which a review may be requested.

In reviewing a decision, we will need to have regard to any information relevant to the period before the decision was made (even if only obtained afterwards) as well as any new relevant information obtained since the decision.

In the case of (i) above (a decision on whether the conditions are met for the referral of the applicant’s case to another housing authority) the request for a review must be made to the notifying authority.

There is no right to request a review of a decision reached on an earlier review. 

The review will be carried out in accordance with the relevant legislation and the Council’s review procedure.  

Our review procedure provides that:

• The Housing Options Manager who was not involved in the original decision will make the decision on your review.
• The reviewing officer may ask a Housing Options Officer, Housing Options Team Leader or the Medical Liaison Officer to make enquiries in connection with the review.
• You (or your representative if you have one) may make representations orally and/or in writing in writing in connection with the review.
• The reviewing officer will consider any representations the Council receives before the decision is made on your review.  

Additional procedural safeguards apply if:

• The reviewing officer concludes there was a deficiency or irregularity in the original decision, or in the way the original decision was made, and
• The reviewing officer is considering making an adverse decision (a decision against your interests) on one or more issues. 

In this situation the reviewing officer will:

• Notify you in writing that they are minded to make an adverse decision
• Confirm the reasons why they are considering making an adverse decision
• Confirm that you or someone acting on your behalf may make further representations to the reviewing officer orally or in writing, or both orally and in writing
• Offer you an opportunity to meet the reviewing officer, so you can make oral representations in person. 

However, such a meeting would not give you a right to call third party witnesses or to cross examine witnesses.

The law governing homeless reviews is contained in sections 202 and 203 of the Housing Act 1996 and Part 2 of the Homelessness (Review Procedure etc) Regulations 2018.

1. Regulation 9 provides that the period within which the applicant (or the applicant’s authorised agent) must be notified of the decision on a review is:

2. (a) 3 weeks from the day of the request for a review, or 3 weeks from the day on which representations are received, where the original decision falls within:

   1. 202(1)(ba)(i)(reasonable steps to relieve homelessness)
   2. 202(1)(bc)(i) (reasonable steps to prevent homelessness)
   3. 202 (1)(bc)(ii) (notice to bring the prevention duty to an end)
   4. 202(1) (bb) (notice to bring the prevention duty to an end due to deliberate and unreasonable refusal to co-operate)

3. (b) 8 weeks from the day of the request for a review, where the original decision falls within:

   1. section 202(1)(a) (eligibility for assistance)
   2. section 202(1)(b) (notice as to what duty is owed to the individual)
   3. section 202(1)(ba)(ii) (notice to bring the relief duty to an end)
   4. section 202(1)(c) (referral to another local housing authority where the main housing duty is owed)
   5. section 202(1)(d) (the outcome of the decision on whether the conditions for referral are met)
   6. section 202(1)(e) (the outcome of the decision as to which local authority holds the case either the original local housing authority or the receiving local housing authority)
   7. section 202(1)(f) (suitability of accommodation)
   8. section 202(1)(g) (suitability of accommodation private rented sector)
   9. section 202(1)(bb) (notice to bring the relief duty to an end due to deliberate and unreasonable refusal to co-operate)

4. (c) 10 weeks, where the original decision falls within section 202(1)(d) and was made jointly by 2 housing authorities under section 198(5) (a decision on whether the conditions for referral are met);

5. (d) 12 weeks, where the original decision falls within section 202(1)(d) and it was taken by a person appointed by the notifying authority and the notified authority in accordance with the  Schedule to the Homelessness (Decisions on Referrals) Order 1998 .