Homeless reviews

Once we’ve received your review request we'll write to you within 14 days and:

• invite you or your representative to make written or oral representations in connection with the review
• give you a date when we must receive your reasons for requesting a review and any supporting information
• confirm the procedure we’ll follow in connection with the review
• confirm who will carry out the review
• give you the name and details of the reviewing officer you can contact if you have any questions

If the reviewing officer believes there was a deficiency or irregularity in the original decision or in how the decision was made, but is considering making an adverse review decision, special safeguards apply. The reviewing officer would then:

• give you advance notice in writing that they’re considering making an adverse decision, despite the deficiencies or irregularities
• confirm the reasons why
• confirm that you or someone acting on your behalf can make further representations to the reviewing office

How long you will wait for a decision

Your review will be investigated by an independent officer, senior to the original deciding officer. The officer will write to you with a decision and the reasons for it within the following time limits;

• 3 weeks from the date the request for a review was made where the review concerns a decision as to the steps a local authority will take to discharge the prevention or relief duty, or to serve a notice of unreasonable and deliberate refusal to cooperate
• 8 weeks to review a decision that of the duty owed
• 8 weeks to review an unsuitable housing offer
• 12 weeks if you challenge a local connection referral

The final decision will either uphold the original decision or overturn the original decision.

We'll try to make a decision as soon as possible, but the reviewing officer may need time to gather further information. In some cases, they may have to wait for another organisation to provide that information.

We'll send you a written copy of the review decision to the address or email address you’ve given us. If the decision goes against you, the letter will tell you why we made the decision.

If your situation changes after you ask for a review

You must tell the reviewing officer if your situation changes. We will take account of any relevant changes in your situation when making a decision on your review. 

You may be committing a criminal offence if:

• you don’t tell us about a relevant change in your circumstances
• you withhold information we need to administer your homeless application
• you make a false statement intending to make us believe that you’re homeless or qualify for accommodation or help

While you are waiting for a review decision

You can ask for temporary accommodation, but we’re not under a duty to provide it. The reviewing officer will determine your eligibility. We usually only arrange accommodation when the original decision was flawed, or when there are exceptional circumstances.

However, the Ombudsman may decide they can’t investigate until you’ve exhausted our complaints procedure. Also, the Ombudsman may refuse to look into a complaint if you have a right of review or appeal.

Learn more about making an Ombudsman complaint

If you disagree with the review decision

Section 204 provides an applicant who has requested a section 202 review with the right of appeal on a point of law to the county court if:

a) they are dissatisfied with the decision on a review; or,

b) they are not notified of the decision on the review within the time prescribed in regulations made under Section 203

An appeal must be brought by an applicant within 21 days of:

a) the date on which they are notified of the decision on review; or,

b) the date on which they should have been notified (i.e. the date marking the end or

c) the period for the review prescribed in the regulations, or any extended period agreed in writing by the applicant).

The court may give permission for an appeal to be brought after 21 days, but only where it is satisfied that:

 a) (where permission is sought within the 21 day period), there is good reason for the applicant to be unable to bring the appeal in time; or,

b) (where permission is sought after the 21 day period has expired), there was a good reason for the applicant’s failure to bring the appeal in time and for any delay in applying for permission.

On an appeal, the county court is empowered to make an order confirming, quashing or varying the housing authority’s decision as it thinks fit. It is important, therefore, that housing authorities have in place review procedures that are robust, fair, and transparent.

Get independent advice

You might be able to get advice and representation from organisations such as Citizens Advice and Shelter.

You can also check if you're eligible for legal aid.