Judicial Review

A legal remedy available only in the High Court. It can be used to challenge certain decisions made by public bodies (eg councils) in the exercise of their functions. It is used to challenge the way a decision was made, rather than the decision itself.

Local connection

A connection with a council's area, which means that that council will not be able to refer an applicant to another council if a full housing duty is owed.

Please see the advice page on local connection for more information.

Local housing allowance

A new system for working out how much housing benefit an applicant is entitled to, which has now been rolled out nationally. It only affects private tenants.

Please see the advice page on local housing allowance for more information.

Mediation

Third-party assistance with negotiations to help parties resolve a dispute. Mediation can be helpful in enabling families to negotiate better.

Please see the advice page on mediation for more information.

Possession proceedings

The legal process for bringing someone's occupation of accommodation to an end. In order to evict a tenant from accommodation legally, the landlord will usually need a court order, unless the accommodation is very insecure (eg emergency accommodation provided by the local council or staying with relatives or friends).

Please see the advice sections on eviction (for tenants) or repossession (for homeowners) for more information.

Pre-tenancy determination

An indication of the maximum amount of housing benefit that is likely to be paid for a particular property, which can be applied for before deciding whether to take on a tenancy. This can help people to avoid having to make up large shortfalls in housing benefit due to rent restrictions.

Please see the advice page on pre-tenancy determinations for more information.

Priority need

One of the tests that councils apply when deciding what duties they have under the homelessness legislation. Certain categories of people have a priority need for accommodation under the homelessness legislation.

Please see the advice page on priority need for more information.

Privately rented accommodation

Any accommodation rented from a landlord who is a private person or company.

Public funding

Funding from Community Legal Advice for legal advice or representation. Formerly called Legal Aid. Visit the Community Legal Advice website for more information or to check your client's eligibility.

Reason to believe

An indication, before any inquiries have been made, that a homeless applicant may be homeless, eligible for assistance, or in priority need.

Referral

1. Generally, transferring a person's case to another organisation.

2. In the context of homelessness law, a council's transferring a full housing duty to another council, where the applicant has no local connection with the first council.

Review

Where a council officer different to the person who made the original decision looks into an application again. For example, if someone makes a homelessness application, and does not agree with the council's decision as to what duty is owed, s/he has the right to request a review of the decision.

Please see the advice page on requesting a review for more information.

Settled accommodation

Accommodation that is not temporary. If a council have a full housing duty, they will eventually have to offer the applicant settled accommodation.

Sleeping rough

Not having accommodation. Includes sleeping on the streets, in open buildings (for example, a car park), in a tent, or in a vehicle.

Social services

The local government department (usually part of the county council, but sometimes part of the borough, district, or city council) responsible for providing services to children and vulnerable adults.

Please se the advice pages on help from social services for more information.

Temporary accommodation

Accommodation offered to a homeless applicant after a decision is made on their application. If a full housing duty has been accepted, the duty on the council to offer temporary accommodation will normally continue until the applicant is offered settled accommodation. If the decision is that the applicant is intentionally homeless, the duty will continue for a period of time to give the applicant the opportunity to secure accommodation for themselves. If the decision is that the applicant has no local connection, then the duty will continue until the applicant is referred to another authority.

Threatened with homelessness

A person is threatened with homelessness if it is likely that they will become homeless within the next 28 days.

Vulnerable person

Under the homelessness legislation, 'vulnerable people' may have a priority need for accommodation (see above).

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