The Housing Act 1996 Section 202. (as amended by the Homelessness Act 2002) gives the right to all persons issued with a homelessness decision to request a review of that decision if they disagree with it. 

Section 202 of the Housing Act 1996, as amended by the Homelessness Act 2002, states:

An applicant may, within 21 days of being notified of it or longer if the authority agrees, request a review of any decision by a Local Authority concerning:

• Whether he or she is eligible for assistance under part VII of the Housing Act 1996, as amended by the Homelessness Act 2002.
• Whether a duty is owed and if so what duty.
• Whether the case should be referred to another Authority.        

In simple terms the right to review enables the applicant if they disagree with a decision, to request a second opinion

The procedure to request a review is as follows: -

Firstly before requesting a review, you are advised to check with the officer issuing the decision to ensure you understand the letter they have sent (this is not essential but it could help to avoid confusion).

• A request for a review must in writing and must be submitted within 21 days of receipt of your decision letter.
• Your request for a review will be dealt with by the Council’s Homelessness Appeals Panel.  Further information will be provided should the decision be upheld.
• Should the Council review of the decision result in the original decision being upheld i.e. not changed, and you remain dissatisfied of the decision or you have not received notification of the decision within the prescribed time limit, then you can appeal to the County Court under section 204 of the Housing Act 1996, as amended by Section 8 of the Homelessness Act 2002 on a point of law only.

In seeking your right to review or appeal you are advised in the first instance to seek the advice of the Citizens Advice Bureau or legal representative.   

Contact

Housing Operations

Telephone: (01902) 696507 / 696509

Email: homes@sstaffs.gov.uk

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