If you are unhappy about a decision that has been made about your application for council or housing association accommodation, you may be able to take action.
Which decisions can be challenged
You can take action if you are not happy because:
- you disagree with a decision that's been made about your case, for example, because you've been given very low priority on the waiting list, or
- you think you have been treated unfairly or discriminated against, or
- you are unhappy with the way your application was processed, for example, if they took an unreasonably long time to make a decision.
Requesting a review
This is where the council looks at your application again and reconsiders its decision. The review will be carried out by a different and more senior person than the original decision.
Do I have a right to a review?
In some situations you have a right to a review if you ask for one, for example:
- a decision made by the council on the facts of your housing application
- a decision that you are ineligible to be considered for housing
- a decision on your homelessness application.
Of course, just because you can have a review doesn't mean that the decision will turn out any better for you.
You can ask for a review in other situations, but the council doesn't necessarily have to review your case. This would be the case if you want to review:
- a decision that an offer of housing is suitable
- a grade or recommendation made by the council's medical adviser
- a decision about your priority on the waiting list.
What do I need to consider before asking for a review?
You should get advice from Citizens Advice or a housing adviser before asking for a review. If you have a right to a review, you must usually ask for it within 21 days; make sure you do this quickly.
If you have been offered a home, and you refuse it while the review takes place, you could lose both the offer and your place on the waiting list. Bear in mind that just because you don't like a decision doesn't mean that it is wrong and a review may reach the same decision - or, in some cases, a worse decision.
Using the official complaints procedure
The council or housing association should have its own complaints procedure. Contact the housing association or the council's housing department or customer care department to find out how to make an official complaint.
Contacting your local representative
Ask your local councillor or MP to make inquiries on your behalf. You should be able to find details of your local councillor on the council's website or by calling the switchboard. You can find out who your MP is at the Parliament website.
Complaining to an Ombudsman
If your complaint is about the council, use the Local Government Ombudsman.
If your complaint is about a housing association, use the Housing Ombudsman Service.
What can the Ombudsman do?
The Ombudsman is an independent watchdog that investigates complaints of injustice caused by councils or housing associations not doing something they should have done or doing things in the wrong way. It can look into the way the council or housing association processed your application to make sure that it acted fairly and followed the correct procedures. Usually you will have to make a formal complaint to the council or housing association before the Ombudsman will consider your complaint.
After the Ombudsman has completed its investigations it can recommend that the council or housing association pays compensation or takes action to put things right. Councils and housing associations are not legally obliged to comply with Ombudsman recommendations but they usually do so. In some cases, they may even offer to put the situation right before the Ombudsman has finished investigating your complaint.
What type of complaints can the Ombudsman deal with?
Examples of complaints the Ombudsman can deal with include situations where the council or housing association:
- took an overly long time to come to a decision
- discriminated against you when it made its decision
- gave you bad or misleading advice.
How do I complain to the Ombudsman?
See our section on complaints for more information and tips on what to say.
Alternatively, you can get more information from:
You have to complain in writing and should include copies of any evidence that supports your complaint, such as letters from the council or housing association. If you need help with the forms, use the advice services directory to find an advice agency in your area.
Applying for judicial review
Judicial review is a type of legal case that can be used to challenge the way that decisions have been made by public organisations such as the council. It is used to challenge the way that decisions have been made, rather than the decisions themselves. For example, it can be used if the council has ignored relevant factors when assessing your case, or taken into account factors that shouldn't affect its decision, such as non-tenancy related debts.
Even if the judicial review is successful, the court can't impose its own decision on your case (for example, it can't award you more points), but it can overturn the council's decision and make the housing department look at it again.
Judicial review is very complicated, so you should get specialist advice before taking any action. An adviser or solicitor can tell you whether you have a good case and may be able to help with practical matters such as filling in court forms and preparing for hearings. You can find a local advice centre in the advice services directory.
Suing for damages
If you believe the council has discriminated against you on the grounds of race, sex or disability, you can sue for damages.
Get advice if you are considering this, as you will need the help of a solicitor. Community Legal Advice has a directory of solicitors you can use to find one in your area.
