Part 7 Reviews

Section 202 of the Housing Act 1996 specifies which decisions made by a local authority regarding a homelessness decision are reviewable. It also gives applicants a statutory right to request a review within 21 days of notification of a local authority's decision, and specifies timescales by which certain types of review decisions must be made.

 

Is your local authority reviewing homelessness decisions on time?  

 

It is imperative that a local authority makes timely and lawful review decisions, as this enables the release of temporary accommodation and reduces the risk of legal challenge. 

 

Many local authorities have incurred great costs due to flawed review decisions, or for failing to carrying out the procedural requirements outlined in The Homelessness (Review Procedure etc.) Regulations 2018. 

 

This is where I can make a difference...

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I can conduct all aspects of making a homelessness review decision including: 

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• Assessing whether a request for review has been made in time, and if not, whether the reasons given justify accepting the review request

• Issuing 'out of time' review request rejection letters as appropriate

• If the request has been made in time, issuing a review request acknowledgement letter advising the applicant of the review procedure

• Accepting or rejecting requests for accommodation pending review ('mohammed letter')

• Carrying out all inquiries by phone and email

• Obtaining additional evidence i.e. medical reports, police reports etc (costs incurred by myself for disbursements will be claimed back after payment)

• Issue of a 'minded to' letter where I intend to make a negative decision outlining the adverse information 

• If requested, arranging a 'minded to' hearing to give the applicant an opportunity to respond to any adverse information. I can carry these out by telephone, or attend a local authority's offices if required

• Review all of the relevant information, and avoid errors of public law when forming my decision

• Notify the application of my decision by issuing a review decision letter 

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Although a Section 202 review decision is very unlikely to be found invalid solely due to being made out of time, applicants can still seek redress for delay via the Local Government Ombudsman. Therefore, if a complaint is found in their favour it can still result in costs incurred for compensation.

 

More importantly, if a local authority does not make their homelessness review decision within the specified timescale, a legal challenge can be initiated against the original s184 decision.

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Let me use my knowledge and experience to help your local authority avoid such risks. I have extensive housing and homelessness knowledge and can assist your local authority to efficiently reduce review backlogs and save money and protect its reputation.

 

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