Appeals and reviews
Appeals and reviews
There are statutory rights of review which give people a legal right to ask for a review of decisions relating to homelessness (as amended by the Homelessness Act 2002).
We will make many decisions about your homelessness over the period they are assisting you. If you are unhappy about a decision made that relates to homelessness you have the right to request a review of that decision.
The following is a list of the circumstances whereby you can request a review:
- Your eligibility for assistance
- What duty (if any) you are owed in relation to the duties owed to a person found to be homeless or threatened with homelessness
- The steps you are to take in your personalised housing plan during the prevention duty
- Our decision to give notice to bring an end to the prevention duty
- The steps you are to take in your personalised housing plan during the relief duty
- Our decision to give notice to bring an end to the relief duty
- Giving notice in cases of deliberate and unreasonable refusal to co-operate
- To refer your case to another authority
- The suitability of the accommodation offered to you
Request a review
If you are homeless, and you have a legal right to a statutory review, you can apply for a review either in writing, on the telephone, by email or by coming into the office.
You must make any request for a review within 21 days of receiving our decision in writing. We will then write to you giving 14 days for you to provide further evidence which you want us to consider.
Whilst you are not required to provide grounds or reasons for challenging our decision, providing a written representation would give the reviewing officer a better understanding of why you think our decision is wrong and why it should be changed. After your case has been given full consideration, you will receive a formal reply in writing within 56 days, unless a longer timescale is agreed with you.
Late requests for a review may be accepted in very special circumstances, but you must explain your reasons for the delay.
If you are submitting a review request outside of the deadline, you will need to explain why your request is late and it will be up to the officer conducting the review to decide if it is reasonable to accept your request outside of the required time.
What happens next?
Your review request will be considered by an officer more senior to the officer who took the original decision or by someone acting as our agent, neither of whom will have been involved in the original decision.
Once we have received your request, you or someone acting on your behalf will be asked if they wish to make any written representations. Whilst you are not required to provide grounds or reasons for challenging our decision, providing a written representation would give the reviewing officer a better understanding of why you think our decision is wrong and why it should be changed.
All representations should be made within 14 days from the day on which you requested the review, although this period can be extended by mutual agreement.
The reviewing officer must conclude and deliver their decision to you in writing within 56 days of your review request being received, although this period can be extended if further enquiries need to be made. If the reviewing officer fails to deliver their decision within the specified time, you are entitled to appeal to the County Court against the original decision within 21 days.
In cases where the reviewing officer is unhappy with the original decision or the manner in which the decision was made. If after considering the case they decide to make a decision that is against your interests, you will be notified of their decision and will be given a further opportunity to provide further written or oral representations.
Unhappy with your review
If you are unhappy with a decision made on review, provided your application is made within 21 days of the decision being made, you have the right to pursue a further review on a point of law through the County Court.
If you are thinking of progressing your case to the County Court, you may want to seek independent advice and assistance from a solicitor or: