An applicant has the right to request general information about making an application for housing and in particular about:
how their application will be treated and whether they will be given any preference under the scheme
whether housing accommodation appropriate to their needs is likely to become available and how long they will have to wait for an allocation of such
34.2. Decisions and appeals
Applicants have the following further and specific rights to information about decisions and rights of review of decisions including:
the right, on request, to be informed of any decision about the facts of their case which has been, or is likely to be, taken into account in considering whether to make an allocation to the applicant
the right, on request, to review a decision concerning eligibility for housing, qualifying to go on the register, whether an offer was suitable and whether a refusal of an offer was reasonable, and the right to be informed of the decision on the review and grounds for it.
Applicants have the right to information about certain decisions, which are taken in respect of their application, and the right to review those decisions.
34.3 Appeal procedure Stage 1 - Notification in writing
An applicant will be notified of the decision in writing.
The notification will give clear grounds for the decision and must be based on the relevant facts of the case.
Where a notification is sent to an applicant at the given contact address, but the applicant does not receive it, it can be treated as having been received if a copy is available on the applicant’s file
Where an applicant has difficulty in understanding the implications of a decision, the Council will make arrangements to advise the applicant verbally.
Stage 2 - 21 Days to Appeal
The notification letter will advise the applicant that they have 21 days of being notified of a decision to appeal the decision.
Applicants who are unhappy with a decision made under this policy should in the first instance contact the housing officer who has dealt with their case and explain why they think that the decision is unreasonable. The applicant will be notified whether the decision still stands and the reasons for this usually within 48 hours
All requests for a review should be made in writing. Emails can be sent to: [email protected] .
Alternatively, a letter of appeal can be sent to: Appeals Officer,
Housing Register Team Housing Demand Service Mercury House
Mercury Gardens Romford, RM1 3DT
In exceptional circumstances, we will extend this period. Any extension to the time limit and the reasons for it will be notified to the applicant.
We will determine the review within 56 days of the request being received. This may take longer where an applicant agrees that a longer period is appropriate given the complexity of the decision and their case.
Applicants may want to take independent legal or specialist housing advice, for example the Citizens Advice Bureau or other agency. Where an applicant cannot make a request in writing, they can ask someone else to do this on their behalf, or ask us to hear their case orally.
It will also be possible for a representative to submit an appeal on behalf of the applicant.
Stage 3 - Reviewing Officer
An officer who is senior to the original decision maker will carry out the review of the
decision. The review will be considered based on the Allocation Scheme, legal requirements and all the relevant information. Relevant information may include further information that
was not available at the time of the original decision. Stage 4 - Notification of the outcome
We will notify the applicant of the outcome of the review including the reasons for confirming the original decision, or why the original decision should be changed.
There is no further mechanism to review the review decision; however, an applicant can take legal action to challenge the Council’s decision through judicial review proceedings. An applicant may also complain to the Housing Ombudsman if they consider the Council’s actions amount to maladministration.
Should an applicant’s circumstances change, they will be able to make a fresh application but the onus will be on the applicant to outline the changed circumstances.
34.4. The right to review an offer of accommodation to statutory homeless
If the Council has accepted a full statutory duty to house an applicant under Section 193 of the Housing Act 1996 (homelessness legislation), and they have refused a suitable property offered to them, (including an offer of private rented accommodation), the Council will end its statutory duty. The applicant can request a review of the decision to end the statutory duty and/or the Councils decision that the property is suitable – this is a right given by Section 202 of the Housing Act 1996. The applicant should request a review by writing to the Council within 21 days of receipt of the offer of accommodation, setting out why they think the property is unsuitable.
If an applicant makes a review request under s.202, the Council will aim to deal with it within eight weeks (56 days). All decisions will be given in writing.
Where a formal review is available to an applicant under s.202, greater detail about their right to review will be provided to them in the correspondence making the offer of accommodation. A formal review will be considered by a senior officer who was not involved in the original decision.
If an applicant is dissatisfied with the Council’s decision on review, or no decision has been made within the 56 days (unless there has been an agreed extension), the applicant may appeal to the County Court under section 204 of the Housing Act 1996 on a point of law. In outline, an appeal should be made to the County Court within 21 days of the applicant being notified of the review decision (or the date when you should have been notified). Appeals to the County Court, including the procedure and time limits are technical, and the applicant may wish to seek independent legal advice (e.g. from the Citizens Advice Bureau or from a solicitor) before doing so
Please note: Under the Housing Act 1996 (as amended), not all decisions are subject to the review process. If, for any reason, the right of review does not apply to the matter which is raised in a request, we will write and explain the reasons and advise of any other options available.