Right to an internal review of a homelessness decision
When an applicant has the right to ask for an internal review of a homelessness decision.
Right to internal review
Applicants have a right to request an internal review of most local authority homelessness decisions.[1] The review is carried out by the authority that made the decision, which should follow a specific procedure.
There is no statutory right to a second review of an original decision or to a review of a decision made on review although local authorities may exercise discretion to carry out either.[2]
Which decisions can be reviewed
The key local authority decisions that can be reviewed are:
- whether the applicant is eligible for assistance, homeless, in priority need, intentionally homeless or has a local connection, and therefore what duty the authority owes[3]
- what steps the authority is to take in order to prevent or relieve homelessness, which includes having regard to the assessment of the applicant's case in the personalised housing plan[4]
- to end either the prevention or relief duty[5]
- to notify the applicant that they have deliberately and unreasonably refused to cooperate with the authority[6]
- a notification that a local authority is going to make or has made a referral to another authority (before a decision has been made on whether the referral is successful) where this is made at the stage of main housing duty[7]
- the decision made on whether a referral to another authority is successful, whether this decision is made at the stage of relief or main housing duty [8]
- the suitability of accommodation provided in discharge of the local authority's duties under Part 7 (ie while duties subsist) and offered in order to end duties.[9] The applicant may either accept or reject the offer and in either case still request a review.[10] Note that this right does not extend to a review of the suitability of interim accommodation.
- whether a duty has been discharged towards the applicant[11]
Decisions not subject to internal review
The most important decisions that are not subject to internal review are:
- a refusal to accept a homelessness application
- a challenge based on the length of time in accommodation to provided to people who are in priority need but intentionally homeless
- the suitability of interim accommodation
- the assessment of need and the content of the personalised housing plan (but an applicant has a right to request a review of the steps the authority is to take to prevent or relieve homelessness, as above)
- a decision not to provide accommodation pending a review
- decisions about the protection of property
- a refusal to accept an out of time review or to carry out a discretionary second review
These decisions can be challenged by judicial review.
[1] s.202 Housing Act 1996.
[2] s.202(2) Housing Act 1996; R(B) v Redbridge LBC ex p B [2019] EWHC 250.
[3] s.202(1)(b) Housing Act 1996 as amended by s.9(2) Homelessness Reduction Act 2017.
[4] s.202(1)(ba)(i) and (bc)(i) Housing Act 1996 as inserted by s.9(2) Homelessness Reduction Act 2017.
[5] s.202(1)(ba)(ii) and (bc)(ii) Housing Act 1996 as inserted by s.9(2) Homelessness Reduction Act 2017.
[6] s.202(1)(bb) Housing Act 1996 as inserted by s.9(2) Homelessness Reduction Act 2017.
[7] s.202(1)(c) Housing Act 1996.
[8] s.202(1)(d) Housing Act 1996.
[9] s.202(1)(f) and (g) Housing Act 1996 and s.202(1)(h) Housing Act 1996 as inserted by s.9(2)(d) Homelessness Reduction Act 2017.
[10] s.202(1B) Housing Act 1996 as inserted by s.9(2) Homelessness Reduction Act 2017.
[11] Ravichandran & Anor v Lewisham LBC [2010] EWCA Civ 755.
