Internal review requests

A homeless applicant has the right to request an internal review of certain local authority decisions on their homelessness application.[1] This is also known as a section 202 review.

A homeless applicant seeking to challenge a local authority decision must request a review within 21 days of the date they were notified.

In most cases, the local authority has eight weeks to issue its decision on review. A homeless applicant can ask the local authority to provide accommodation pending the outcome of the review.

An internal review must be carried out by someone not involved in the original decision, and senior to the original decision maker.

Find out more about the internal review process on Shelter Legal.

A homeless applicant can only request an internal review of specified local authority homeless decisions.[2]

What duty is owed to the applicant

A decision on whether the applicant meets any of the homelessness tests and as a result whether the local authority owes them the prevention, relief or main housing duty can be reviewed.[3]

The homelessness tests are whether the applicant is:[4]

• eligible for assistance

• homeless or threatened with homelessness

• in priority need

• intentionally homeless

Find out more about the homelessness application process.

Local connection referrals

A homeless applicant has the right to an internal review of a notification that a local authority is going to make or has made a local connection referral to another authority at the main housing duty stage.[5]

A homeless applicant also has the right to an internal review of whether a referral to another authority is successful, whether this decision is made at the relief duty stage or the main housing duty. [6]

Find out more about local connection.

Suitability of accommodation

A homeless applicant has the right to an internal review of a local authority decision on the suitability of temporary accommodation or accommodation offered to end the main housing duty.[7]

The applicant can request a review whether they accept or reject the offer.[8]

There is no right to an internal review of the suitability of interim accommodation.

Find out more about suitability of homelessness accommodation.

End of the prevention or relief duty

A homeless applicant has the right to an internal review of a local authority decision to end either the prevention or relief duty.[9]

Find out more about when the local authority ends the prevention duty or ends the relief duty.

Discharge of duties

A homeless applicant has the right to an internal review of a local authority's decision that it has fulfilled a duty towards the applicant, and can now discharge that duty.[10]

Steps to prevent or relieve homelessness

A homeless applicant has the right to an internal review of the steps the authority is to take in order to prevent or relieve homelessness.[11] This includes having regard to the assessment of the applicant's case in the personalised housing plan.

Find out more about local authority steps in personalised housing plans.

Deliberate and unreasonable refusal to cooperate

A homeless applicant has the right to an internal review of a decision that they have deliberately and unreasonably refused to cooperate with the authority.[12]

Find out more about deliberate and unreasonable refusals to cooperate.

A homeless applicant does not have the right to an internal review for all homelessness decisions.

Key homelessness decisions that are not subject to internal review are:

• refusals to accept a homelessness application

• suitability of interim accommodation

• content of the personalised housing plan, aside from the steps the authority is to take to prevent or relieve homelessness

• decisions not to provide accommodation pending a review

• decisions about the protection of property

• refusals to accept an out of time review or to carry out a discretionary second review

• challenges based on the length of time in accommodation for people who are in priority need but intentionally homeless

A homless applicant can challenge a decision through judicial review in the High Court if they do not have a right to an internal review.

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

A homeless applicant must make their request for an internal review within 21 days of being notified of the authority's decision.[13]

The local authority has discretion to allow a longer period than 21 days.

The 21 days runs from date the applicant was notified of the decision. An applicant can be deemed to have been notified if the decision is left for collection in the authority's office, even if it is not received by the applicant, or their address is not known.[14]

The specific wording of section 202 is 'before the end of the period of 21 days'. This has been interpreted to mean that the first day of the period is included in the calculation of the time limit.[15]

Find out more about the procedure for internal reviews.

Out of time review requests

The 21-day time limit can be extended at the local authority's discretion.[16]

An applicant who has missed the deadline should request a review as soon as possible. The request should also include a request to extend any deadline for the decision with details of reasons for the delay.

The local authority can decide whether to allow an out of time review request. An authority should consider the reasons for the delay and the strength of the review request.

A decision by a local authority not to extend the time limit might be challengeable by judicial review. The local authority's decision would have to be unreasonable, irrational or perverse for a judicial review to succeed.

A homeless applicant can make a fresh homeless application if their circumstances have changed since the original application. Find out more about multiple, repeat and withdrawn homeless applications.

Suitability reviews

A statutory right to a review exists until 21 days after the date that the authority decided the accommodation was suitable.

Where a local authority has a continuing duty to provide accommodation, the accommodation must be suitable throughout their occupation.

The High Court has held that a local authority was entitled to refuse to accept an out of time request for a suitability review. The authority was subject to a continuing duty to ensure suitability of the accommodation provided, but there was no statutory obligation to accept an out of time review request.[17]

An applicant can ask for a fresh decision on the suitability of their accommodation or ask for an extra review outside of the internal review procedure. A refusal by the local authority might be challengeable by judicial review. An applicant can make a fresh homeless application if their circumstances have changed since the original application.

A local authority only has to carry out an internal review if the applicant requests one.

Form of an internal review request

There are no formal requirements on how a request should be made. Applicants who put their review request in writing can ensure that there is a clear record of the request.

The courts have held that a homeless applicant should be specific when drafting a review request. In one case, an email giving reasons for refusal of an offer of accommodation was held not to be a review request, even though it had been sent to an email address for review requests.[18]

A homeless applicant does not need to provide their full reasoning for requesting a review when they submit the request.

Find out more about the internal review process on Shelter Legal.

A local authority decision subject to an internal review might also end the interim duty to accommodate. A homeless applicant can ask a local authority to provide accommodation pending the outcome of the review decision.

The local authority normally has a power to accommodate, rather than a duty.

Duty to accommodate

There is one circumstance where the local authority has a duty to continue to provide accommodation.

Where the review concerns the suitability of a final accommodation offer or final part 6 offer made under the relief duty, the interim duty to accommodate continues until the review is concluded and the applicant has been notified of the outcome.[19]

The applicant does not need to make an additional request for accommodation from the authority.

Power to accommodate

Where the review is of any other decision, the local authority has the power to provide accommodation pending the outcome of a review decision.[20]

The interim duty to accommodate ends when the applicant has been notified of the duties owed, and if the applicant is in priority need, relief duties have been carried out.[21]

Where accommodation pending review is sought, it should be requested as soon as the review request is made.

The applicant should request accommodation pending review as soon as the review request is made.

Factors to consider in the use of discretion

In deciding whether to exercise discretion to provide accommodation pending a review, a local authority should consider:[22]

• the strength or weakness of the review case should include consideration of matters of which the authority were informed before the original decision but did not investigate[23]

• any new material provided at review stage that may have a real effect on its outcome – even if the original review was lawful, failing to consider new evidence may lead to an unlawful decision around accommodation pending review[24]

• the personal circumstances of the applicant and the consequences of an adverse decision[25]

• whether the applicant has had the chance to give additional information about their application when most of the information has come from third parties[26]

Some people from abroad might not be eligible for accommodation pending a review.

A homeless applicant who wants to review a homelessness decision should try to get legal advice.

An adviser or solicitor could help the person:

• gather evidence

• request the housing file

• identify what the local authority has done wrong

• make representations to the local authority

Internal reviews of homelessness decisions are in scope for legal aid.

Find out where to get advice about homelessness.

A local authority must, on receipt of a request for an internal review, notify the applicant of:

• their right to submit written representations to the authority

• any time limits that might apply

• the review procedure

Find out more about the internal review process on Shelter Legal.

A person making a homeless application can use this template to request an internal review of a decision. The letter can be copied into an email to send to the local authority.

(Use the reference number on the council’s decision letter as the email subject).

I would like to ask for a review under s.202(1), Housing Act 1996.

I wish to review the council’s decision of (date decision was made) about my recent homelessness application. I received the decision on (date received).

The council decided that (include information about the decision).

Please provide me with a copy of my housing file. This request is made under s.106(5), Housing Act 1985 and s.45(1), Data Protection Act 2018.

I am seeking urgent legal advice and help with the review process.

Please delay making a decision on review until my legal adviser has had the opportunity to review my file and make written representations on my behalf.

(Delete if not needed) I also ask that you continue to provide temporary accommodation until a review decision has been made.

You can also send the letter as an email attachment or through the post:

• Word version: ask for a review of a council decision (docx 23kb)

• OpenDocument version: ask for a review of a council decision (odt 10kb)