If you think a decision the council has made about your homelessness application is wrong, you can normally ask the council to review it. You may be able to get accommodation from the council while the review is carried out.
If you need advice or help with the review, use our directory to find out where to get help in your local area.
What decisions can be reviewed?
Most decisions that the council makes in connection with a homelessness application can be reviewed. This includes the suitability of accommodation provided after the council has completed its enquiries.
The council's decision was wrong
If you think the council's decision was wrong, you can ask for a review. This includes decisions about whether you:
- are eligible for assistance
- are homeless or threatened with homelessness
- have a priority need
- are homeless intentionally
- can be sent to another council because you don't have a local connection.
The council has provided unsuitable accommodation
You can also ask for a review of whether temporary accommodation you are offered after the council has finished its enquiries is suitable. You can do this whether you have accepted the offer or not. However, if you don't have anywhere else to stay, it may be better to accept an offer of unsuitable housing. This is because:
- there is no guarantee that you will be offered something more suitable
- you will have somewhere to stay while the council reviews its decision
- you will have somewhere to stay if your review is unsuccessful.
Challenging the suitability of emergency accommodation provided before the council has finished its enquiries is much more difficult. It can only be done by going to court. If you are in this situation, use our directory to find a local advice centre and contact them before you turn anything down. An adviser can look into whether you have a chance of getting the council to offer you something else.
What if the decision has already been reviewed?
You can't ask the council to review a decision it has already reviewed. Homelessness law is very complex, so it is a good idea to get specialist advice before asking for a review, or as soon as possible after you have asked for a review. An adviser can work out whether you have a good case for review and can help you to put your case to the council.
How do I request a review?
You have to ask for a review within 21 days of getting the written decision letter. The 21 days start from the date that you receive the letter, not the date printed on the letter. You can request a review verbally or in writing.
You may be able to adapt our sample letter to request a review.
Councils have to consider any requests made after 21 days have passed, but they don't have to agree to carry out a review. If you want to ask for a review after the 21 days have passed, get advice immediately.
What will happen during the review?
Once the council receives a request for a review, it has to acknowledge your request and inform you of the procedure that will be followed. You will usually be given a time limit for providing more information about your situation. You should also be given a date by which a decision on your review will be made. This is normally 56 days (eight weeks) from the date that you asked for the review.
The procedures vary from one council to another but you will normally be given the opportunity to put your arguments in writing or in person. Councils should allow you to have someone else to represent you, such as a housing adviser. The review has to be carried out by a council officer who wasn't involved in the original decision and who is superior in rank to the person who made the original decision. There is no requirement for a person who is independent from the council to be involved in the review.
Will the council house me during the review?
It can take eight weeks or sometimes longer for a review to be completed. The council can provide you with accommodation while it is carrying out the review, but it doesn't have a legal responsibility to do so.
If you need accommodation while the review is being carried out, ask the council to provide it. If they refuse to do so, get advice immediately. An adviser can help you to negotiate with the council. If the council still won't provide accommodation, you may be able to challenge the decision in court by way of judicial review. However, this can be difficult and you will need specialist help.
How will I find out about the review decision?
Once the review has been completed, you must be informed in writing of the decision the council has reached. The letter must be sent to you or made available at council offices for you to collect. It must explain:
- what decision the council has made on your review
- how the council has come to this decision
- that you can appeal against the decision to the county court if you think the decision is legally incorrect, and the time limit for doing so.
You should get advice if you don't get a decision letter within eight weeks from the date you asked the council to review its decision. You may be able to apply to the county court to force the council to make a decision. If you want to do this, you must apply to court within 21 days of the end of the eight-week period.
You should also get advice if you think the review decision is wrong. Use our directory to find your local advice centre.
