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Oral hearing

This content applies to England

A look at the procedure for an oral hearing.

How to request an oral hearing

If the tenant wants a review by oral hearing then they must request it within 14 days of receiving the notice of intent.

Within 21 days of receiving the notice of intent, the tenant must send to the local authority:

  • a copy of any written evidence that s/he will rely upon; and
  • the name and address of any person s/he intends to call to provide evidence.

Where the authority receives information from the tenant, and wishes to respond, it must send its response to the tenant within 14 days of receipt of the information. The oral hearing cannot take place before this period has ended.

The hearing

The authority must give seven days notice of the oral hearing to the tenant and any person who has provided behavioural support services to the tenant.

The tenant can be accompanied or represented by another person. At the hearing the authority, the tenant or the tenant’s representative must be given equal opportunity to:

  • make representations;
  • call persons to give evidence; and
  • put questions to any person who gives evidence.

If any person who has been involved in providing behavioural support services to the tenant wishes to give evidence, s/he must be allowed:

  • to give evidence; and
  • to answer any questions put to her/him.
The tenant must be notified in writing of the decision within seven days of the end of the hearing.

Absence of the tenant

If the tenant, or the tenant’s representative, does not attend a hearing after being given notice of its date, the authority may either proceed with the hearing or give directions on the further conduct of the review (within seven days of the end of the hearing). A decision may be reached in the absence of the tenant.

Adjournment

The hearing can be adjourned at the request of the authority or the tenant. The tenant must be given reasonable notice of the date, time and place of the adjourned hearing. Where the reviewing officer at the adjourned hearing is not the same individual who heard the earlier hearing, the review must proceed as a complete rehearing unless the authority and tenant agree otherwise. [1]

[1] Sch.1 reg 4 Family Intervention Tenancies (Review of Local Authority Decisions)(England) Regulations 2008.

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