How to challenge homelessness decisions

A homeless applicant might be able to challenge a local authority's decision on their homelessness application through:

• internal review

• County Court appeal

• judicial review in the High Court

The options open to the homeless applicant depend on the decision being challenged.

A homeless applicant can complain to the Local Government and Social Care Ombudsman about the local authority's handling of their homelessness application.

Most local authority decisions on homelessness can be challenged through an internal review under section 202 of the Housing Act 1996. This is also known as a statutory review or a section 202 review.

An internal review is completed by the local authority. The review must be conducted by someone senior to the original decision maker, who was not involved in the original decision.

Decisions which can be challenged through an internal review include decisions:

• whether an applicant is homeless, eligible, in priority need or intentionally homeless

• to end the prevention, relief or main housing duties

• whether an offer of temporary accommodation is suitable

Find out more about internal reviews and the procedure for internal reviews on Shelter Legal.

A homeless applicant who is not satisfied with the outcome of an internal review, or who has not received notification of that decision within the time limit can appeal to the County Court on a point of law.

The applicant must lodge their appeal to the County Court within 21 days of the internal review decision.

The court's primary role is to ensure that the local authority has correctly understood and applied the law, and has followed a fair decision-making process.

A successful appeal normally means that the local authority's earlier decision is quashed and it must make a new decision. The County Court cannot usually consider the facts of the original decision.

Find out more about appeals to the county court and county court appeal time limits on Shelter Legal.

There are some homelessness decisions where the applicant does not have the right to request an internal review or appeal to the County Court. The only way to challenge these decisions is a judicial review in the High Court.

Judicial review can be used to challenge the decision where the local authority:

• refuses to accept a homeless application

• does not provide interim accommodation where there is reason to believe the applicant has a priority need

• provides interim accommodation that is unsuitable

The High Court is unlikely to substitute its own decision for that of a local authority following a judicial review.

The High Court's role is not to decide on facts. For example, the court should not decide whether a person is intentionally homeless or in priority need. The court can consider matters including whether the local authority has followed the law, taken account of the correct factors or given adequate reasons for its decision.

Find out more about judicial review of homelessness decisions on Shelter Legal.

The Local Government and Social Care Ombudsman can investigate complaints about how the local authority reached its decision.

This includes decisions by a local authority on a homeless application. For example, a homeless applicant can complain if the local authority took too long to make a decision or did not follow its own rules.[1]

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