Homelessness reviews

This page explains what a homelessness review is, when a review can be requested, and how advisers can support a young person with a review.

What the law says

If a young person is not satisfied with a council's decision on a homelessness application, they can appeal against the decision by requesting a review.

The young person can request a review of the decisions made under homelessness law in respect of the following:

  • their eligibility for housing assistance
  • the duty owed by the council, which will be dependent on whether they are homeless, in priority need, and intentionally homeless
  • whether to refer their case to another authority on local connection grounds
  • which council has a duty to house them where the case has been referred on local connection grounds
  • the suitability of any accommodation offered under the homelessness legislation (except interim accommodation). A review of the accommodation's suitability can be requested whether or not the applicant accepts the offer.

(Where there is no right to request a review of a decision, it may be challengeable by way of judicial review.)

The young person has the right to request a review and, even if no further information or evidence is provided, the council must review the decision. The young person (or someone acting on their behalf) does, however, have the right to make further written representations to support the request.

When must a review be requested?

A review must be requested within 21 days of the date on which the young person is notified of the decision.

The council can agree, in writing, to a longer period within which a request for a review will be accepted, but will normally only do so where there is a good reason why a review has not been requested earlier.

How long will a review take?

When a review is requested, the council will have eight weeks to review the decision (or 10 or 12 weeks where the decision reviewed is one concerning a decision to refer the applicant to another council). These deadlines can be extended where agreed in writing by the applicant and the council.

Who should conduct the review?

The review can be conducted by a person who was not involved in the original decision. This could be:

  • another council officer, in which case they must be senior to the person who made the original decision
  • a panel of councillors
  • an independent person: some councils employ a private company to conduct their reviews; some councils have mutual arrangements with other councils whereby an officer from the other council will conduct reviews.

Most reviews are based on paper evidence, but in some circumstances councils may hold an oral review hearing.

The review decision

The decision on review may:

  • straightforwardly uphold the original decision,
  • find fault with the manner in which the original decision was made, but still make a negative decision (in this case, before making the decision, the council must notify the young person that they are minded to make a negative decision, and give them the opportunity to make further representations), or
  • overturn the original decision and replace it with one that is in the young persons interests.

The council must inform the young person of the decision on review in writing. If the decision is against the young person's interests, the letter should give reasons for the decision.

What about accommodation during the review?

The council does not have to provide accommodation for the young person pending a decision on review. It does, however, have discretion to do so, and this discretion must be exercised reasonably, with regard to:

  • the merits of the case (does the decision appear to be one that is finely balanced)
  • any new evidence, information, or argument put forward with the request for a review
  • the consequences to the young person of not providing accommodation.

A failure to consider accommodating during a review, or failure to exercise discretion reasonably, can be challenged by way of judicial review.

Is there a further right of appeal?

There is no right to request a review of a decision made on an earlier review. However, a young person can appeal a decision on review to the county court on a point of law. An appeal must be lodged within 21 days.

How can I help?

Explain the process to the young person

Young people often have difficulty understanding the review process so, if they are unhappy with the council's decision on their application, you can explain the process to them, and help them with the review.

Write to the council on the young person's behalf requesting a review

A request for a review does not have to be made in writing; however, it is good practice to do so, so there will be a record of the request. You can download a standard letter requesting a review. Enclose with your letter any evidence available that throws doubt on the council's decision.

Request accommodation during the review

You should request accommodation during the review in the letter requesting the review. Address the points laid out above; in the case of a vulnerable young person, you can concentrate on the consequences to them of not providing accommodation, which may be that the young person has to sleep rough. Accommodation during the review can be requested again if new evidence or argument becomes available.

Gather evidence

Most of the time, enough evidence to challenge the council's decision will not be available when requesting the review, so you will need to gather evidence to support the client's case. Find more information about this in the top tip page on gathering evidence. Evidence should be enclosed with your written representations.

Make written representations

You should agree a deadline with the council for receipt of any further written representations to put the young person's case. Representations can include:

  • a summary of the young person's details and background to the case, with relevant dates (for example, when the young person was evicted)
  • a list of the evidence already considered by the council (you can request this from the council's file) and any new evidence provided
  • a list or summary of the relevant legislation and guidance
  • the submission, which is the main argument as to why the council's decision was wrong or unlawful, which refers to the evidence and the legislation/guidance
  • a request for accommodation pending a decision, if necessary
  • a conclusion, stating what you want the council to do (usually overturn the decision) and requesting a copy of the decision letter.

If there is an oral hearing, you will usually be able to accompany the young person to the hearing.

County Court appeal

If the decision on review is against the young person's interests, and they or you still feel that it is a wrong decision, you can refer them to a solicitor for consideration of whether there is a case for a county court appeal.

You should do so as soon as possible because of the time limit. Please see the top tip on referring to a solicitor for more support.

You can also consider further methods of redress, such as a formal complaint to the council.

Further information

Shelter training

Homelessness reviews are discussed in:

Shelter Legal: the online guide to housing law

More information on homelessness reviews and other ways of challenging homelessness decisions can be found in the challenging local authority decisions section.


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