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Preparing an internal review

This content applies to England

Advice when preparing an internal review .

When preparing an internal review it may be useful to go through the following points:

Obtain the housing file

Request a copy of the housing file from the local authority. This will show how the decision was made in respect to the application. The relevant sections of the Housing Act 1985[1] and the Data Protection Act 2018[2] can be used to obtain the file. If the file is provided late or not at all, and this leads to unfairness, this may be held to be an error of law and the county court may uphold a subsequent appeal. However, an authority will not have acted unreasonably if it provides a file late and the file has no information relevant to the review[3]

Key points and inquiries

Identify the key points in dispute and check whether the authority has considered all the relevant circumstances and made sufficient inquiries.

Gather evidence

Consider who may have evidence to support the client's case and where evidence (documentary or oral) may come from. Gather evidence to support the case. Fresh evidence will often need to be obtained in the form of letters or signed statements from family members or friends or acquaintances. Expert evidence may be needed from doctors, psychiatrists or other professionals. Put all relevant evidence to the local authority. An authority cannot be criticised for failing to take into account evidence that has not been put forward[4]

Ask for an extension of time

If an adviser needs to make some relevant enquiries but lacks the time or resources to do so, they should tell the local authority what the enquiries are and why they may be relevant. If an extension of time is needed (for example to consider the housing file or to gather evidence) advisers should request it and explain why extra time is needed

Check legal position

Check the legal position, in particular

  • what the legislation says and whether it has been accurately applied and interpreted
  • the duties owed and whether they have been complied with
  • any relevant information in the Homelessness Code of Guidance and whether the authority has had regard to it
  • relevant case law.

Identify potential remedies available

Identify the full range of potential remedies, for example, review, appeal or judicial review.

Chronology

A chronological version of events can be particularly useful in intentionality cases to help establish the client's version of events.

Income and expenditure

if the case involves intentionality, then affordability of the lost accommodation may be an issue. Affordability may also be relevant if an applicant is seeking a review of the suitability of accommodation.

An income and expenditure sheet dealing with, for example, the relevant period during which arrears accumulated will be needed, along with evidence of the client's savings (if any) at the time in question.

[1] s.106(5) Housing Act 1985.

[2] s.45 Data Protection Act 2018.

[3] Goodger v Ealing LBC [2002] EWCA Civ 751.

[4] R v Hillingdon Homeless Persons Panel ex parte Islam (1981) The Times 24 February, QBD.

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