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