Homeless review

Once we’ve received your review request, we will write to you.

We will:

• invite you to make written and / or oral representations in connection with the review (someone can make representations on your behalf if you prefer); this won't be later than 14 days from when we received your review request
• give you a date by when we must receive your reasons for requesting a review and any supporting information (this won’t be earlier than 14 days from when we send you the letter, unless an earlier legal time limit applies)
• confirm the procedure we’ll follow in connection with the review
• confirm who will carry out the review
• give you the name and details of who you can contact if you have any questions about your review

If there's an issue with the original decision, but the reviewer is considering an adverse decision

Sometimes, there can be a deficiency or irregularity in the original decision, or there was something lacking in how the decision was made.

If the reviewer is still considering making an adverse decision, in light of this, they will:

• give you advance notice in writing that they’re considering making an adverse decision, despite the problem with the original decision
• confirm the reasons why
• confirm that you (or someone acting on your behalf) can talk to them about the proposed decision (orally and / or in writing)
• give you an opportunity to meet them to talk to them about the proposed decision (you can have a representative present if you'd prefer)

Who will make the decision on your review?

We sometimes ask an independent contractor to carry out reviews on our behalf. If we don't do this, our Housing Options Manager will normally conduct your review.

The reviewer should not be involved in the original decision.

When you'll receive a decision on your review

This can depend on the type of decision being reviewed.

Usually within 8 weeks

For most types of decision, we must legally notify you in writing of our decision within 8 weeks of when you asked for the review.

Within 3 weeks

This is if we're reviewing a decision:

• about the steps we will take to help prevent your homelessness
• about the steps we will take to help you find accommodation
• to end the duty to help prevent your homelessness

The 3 weeks starts when you request the review (unless you make representations after we invite representations).

If you make representations the 3 weeks starts from when we receive your representations.

Within 10 weeks

This is if the original decision was that your case has been referred to another council because of local connection.

Within 12 weeks

This can be if your case (referred due to local connection) has gone to arbitration (because the two councils could not agree whether the referral conditions were met in your case).

We will try and make a decision as soon as possible, once we’ve looked into your case and received all the information we need.

Sometimes, we ask for more time to make the decision. For example, if there’s been a delay in obtaining the information we need. We are allowed to take longer to complete the review if you agree to an extension in writing. 

How we decide whether to overturn the original decision

We will consider your individual circumstances and make the decision according to the merits of your case.

We will:

• make sure the law and any government guidance has been properly applied
• take any change in your circumstances into account (we may need to make further enquiries into your circumstances)

We are likely to uphold the original decision, if no legal error was made.

You can get independent advice on how likely it is that a review will be successful in your case.

If your situation changes after you’ve asked for a review

You must tell us if your situation changes. For example, you must tell us if you move address, even if it’s only temporary. We will take account of any relevant changes in your situation when making a decision on your review.

You may commit a criminal offence if you:

• don’t tell us about a relevant change in your circumstances
• withhold information we need to administer your homeless application
• make a false statement, intending to make us believe that you’re homeless or qualify for accommodation or help

We have to consider your situation, as it is on the date we make the review decision (unless you refused accommodation and we’re deciding whether the accommodation was suitable on the date you refused it).

We can't automatically house you while you wait for your review

If you need temporary accommodation, please request it in addition, or separately, to your review. Please do this as early as possible, so we have time to look into it for you.

We will consider your situation and decide if temporary housing should be provided. We usually only agree in exceptional circumstances, or if there’s a very good reason. For example, if we think a mistake was made when making the original decision, your review is likely to be successful, and we’re likely to owe a duty to provide temporary accommodation.