Challenges to accommodation suitability

It is usually in the person’s best interests to accept the offer and request a suitability review.

A person can request an internal review of an authority's offer of temporary or permanent accommodation.

A person does not have a statutory right to an internal review of the suitability of interim accommodation offered by a local authority while carrying out homelessness inquiries. The suitability of interim accommodation can only be challenged by way of judicial review.

A homeless applicant who is made an offer of temporary or permanent accommodation under the main housing duty can request a review of the suitability of the accommodation.[1]

There is only a statutory right to one review of suitability. A review request must be made within 21 days of the decision that the accommodation is suitable.[2]

A homeless applicant can request a review whether they accept or refuse the offer.[3]

An authority is not required to have set out its reasons why it considered that a property was suitable in the offer letter.[4] Local authorities are not obliged to leave accommodation empty until the conclusion of a review.

What a local authority must consider

A local authority must consider the needs of the individual person when deciding whether accommodation is suitable at the time of the offer.

The authority must usually consider whether the accommodation was suitable based on the facts at the date of the review. [5]

In some circumstances the court might hold that the facts are to be considered at the date of the original decision, for example when a person has refused an offer of accommodation on the grounds of suitability.[6]

An authority completing a suitability review is not obliged under the review to consider what other duties might be owed towards the applicant.[7]

Find out more about internal reviews of homelessness decisions on Shelter Legal.

Impact on the main housing duty

The local authority can discharge the main housing duty if the person refuses the offer.

If the internal review finds that the accommodation is not suitable then the main housing duty to the homeless person is not discharged.[8]

After a review finds that accommodation is unsuitable, the authority has an immediate duty to provide the person with suitable alternative accommodation. [9]

A local authority might need some time to consider how to provide suitable alternative accommodation. A reasonable time to provide suitable alternative accommodation would be short. [10]

County Court appeal

Where the reviewing officer upholds the decision that the accommodation is suitable, a person can appeal to the County Court on a point of law.

The County Court can quash the decision or vary a decision from suitable to not suitable.

Find out more about appeals on a point of law to the county court.

Judicial review

A judicial review claim can address the suitability of temporary or permanent accommodation. But because applicants have the right to an internal review and a County Court appeal, in most cases judicial review is an appropriate route of challenge.[11]

A person does not have the right to request an internal review of the suitability of interim accommodation. If the accommodation offered is unsuitable, this can only be challenged by judicial review in the High Court. 

The court can quash a decision for failure to have regard to relevant factors in deciding on suitability, and require a new one. It cannot vary a decision of suitable to not suitable.

When deciding whether to grant a mandatory injunction against a local authority to enforce its duty to provide suitable accommodation to a homeless person, the Hight Court should:[12]

• if there is a general contingency fund to deal with unexpected expenditure, ask the authority to explain why this cannot be used to meet its legal obligation

• consider the length of time the authority has been on notice of its failure to meet its duty

• consider the extent of the impact on the individual to whom the duty is owed

• consider granting a mandatory injunction if the authority is not moving to rectify the situation and satisfy the individual’s rights

• be mindful not to give a person undue priority over others who may have an equal or better right to suitable accommodation

If resources are an issue, a local authority must consider using Part 6 housing stock to perform Part 7 duties.[13] An allocation under Part 6 is merely a matter of discretion; an offer under Part 7 is a matter of binding legal obligation.

Find out more about judicial review and when to refer a homelessness case for judicial review.

A person can complain to the Local Government and Social Care Ombudsman about the suitability of accommodation offered to them in the course of a homelessness application.

The Ombudsman awarded financial compensation to two families where a local authority had exceeded the six-week time limit for leaving them in bed and breakfast accommodation pending further inquiries.[14]

An award was also made where a local authority placed a person in accommodation which was unsuitable because of her child's autism. She made them aware of this at the outset and evidence was provided a short time later. The authority failed to carry out a review of suitability and she remained there for 20 months. [15]

Where a person with impaired mobility and sense of balance was placed in accommodation on the fourth floor without a lift, the Ombudsman recommended the local authority paid compensation and improved its procedures for dealing with suitability of interim accommodation.[16]

Where a local authority failed to deal with a request to review the suitability of temporary accommodation in an efficient and timely manner, the person was awarded financial compensation. The Ombudsman recommended an audit of all suitability review requests received within the relevant period to be conducted by the authority.[17]

Find out more about complaints to the Local Government and Social Care Ombudsman.