Ask for a review of a homelessness application
The homelessness law says that an applicant can in some cases ask us to review decisions made on their homeless application.
You can ask for a review of any decision made:
- about your eligibility for help
- about what duty (if any) is owed to you in relation to the duties owed to persons found to be homeless or threatened with homelessness
- about the steps you have been asked to take in your personalised housing plan during the prevention duty stage of your application
- to give notice to bring the prevention duty to an end
- about the steps you have been asked to take in your personalised housing plan. This is during the relief stage of your application
- to give notice to bring the relief duty to an end
- to give notice to bring a prevention or relief duty to an end in cases of deliberate and unreasonable refusal to co-operate
- as to the suitability of any accommodation offered to you to prevent or relieve homelessness. This is whether you have accepted the offer or not
- as to the suitability of accommodation offered to you by way of a final accommodation offer or a final Part 6 offer under section 193A or 193C. This is whether you have accepted the offer or not
- as to the suitability of accommodation offered to you by way of a private rented sector offer under section 193
- about any decision made to refer your case to another local authority
- about any decision made not to refer your case to another local authority
How do I ask for a Review?
You can ask for a review by contacting the Homeless Team within 21 days of your decision letter. You can also ask someone else to help you or act on your behalf with the review. Please ensure that we receive your written permission to talk about and give them information about your application. The Homeless Team can be contacted in the following ways:
- by telephone on 01924 304572
- by email on homelessassessment@wakefield.gov.uk
- by letter sent to, or by visiting:
Housing Needs Service – Homeless Team
Queens House
Queens Row
Market Street
Wakefield
WF1 1D
The reception entrance is accessed on Queens Street, Wakefield.
What happens next?
Once a review has been requested, you will receive a letter from the Reviewing Officer. You will be asked if you want to explain in writing why you think the decision is wrong. You should also provide us with any new information that may be relevant to your case.
The letter will fully explain the course of action that will follow the review.
Who is the reviewing officer?
The reviewing officer will be of a more senior rank than the decision maker. They will not have had anything to do with the decision of your case.
What does the reviewing officer consider?
The reviewing officer must consider whether there has been any "irregularity" or "deficiency" in the original decision. This may include:
- failure to consider relevant information
- failure to ignore irrelevant facts
- failure to base the decision on the facts
- an act of bad faith or dishonesty
- mistake of law
- decisions that run contrary to the policy of the Act
- whether we have acted irrationally or unreasonably in the exercise of our powers or duties
- procedural unfairness
How long will it take?
The reviewing officer normally has 8 weeks to complete the review and tell you the outcome in writing. This period may shorter under some circumstances, or longer if you are asking for a review about local connection. This seems like a very long time, and a decision will be made sooner than this wherever possible. Sometimes we may need to make this period longer, but we will do this with your agreement.
What happens if I am homeless now?
The Council may offer temporary accommodation during the review process. Please clearly state in your review request if you need accommodation. You should also explain why you believe it should be provided.
What happens if my review is unsuccessful?
If you still feel unhappy about the review decision or have not been told the outcome of the appeal within the time limit, you can appeal to County Court. To do so, you must submit your appeal within 21 days of receiving our review decision letter or the expected completion date of the review.
If you need any help with or advice on your legal rights, you should consider contacting:
- a solicitor
- the Citizens Advice Bureau