Challenging a homelessness decision (Section 184 review)

Direct answer

When you ask the council for help as homeless, they investigate and then send you a written decision. The letter is called a Section 184 decision (from the Housing Act 1996). If they decide you are not owed a duty, or that you are intentionally homeless, or that you are not in priority need, you have 21 days from receiving the letter to ask for a review. That review is called a Section 202 review. Many decisions are overturned on review. Call us free on 0800 030 4669 if your home is also in disrepair.

Key facts

• Government figures show 42,640 households in England were owed a relief duty after being assessed as homeless in October to December 2025. Statutory homelessness in England, GOV.UK
• A further 33,630 households were owed a prevention duty after being assessed as threatened with homelessness in the same quarter. Statutory homelessness in England, GOV.UK

What is in a Section 184 decision

The council has to tell you, in writing, what they decided about all of these:

1. Are you homeless or threatened with homelessness?
2. Are you eligible for assistance (immigration status)?
3. Did you become homeless intentionally?
4. Are you in priority need (children, pregnancy, vulnerability)?
5. Do you have a local connection to this council?

Each one is a separate decision. If the council says no to any of them, the duty they owe you is different. The letter must explain the reasoning and tell you about your right to ask for a review.

The most common adverse decisions

• Not in priority need. The council thinks you are a healthy adult without dependents and so can fend for yourself.
• Intentionally homeless. They say you did or failed to do something that caused you to lose your home (for example, rent arrears, anti-social behaviour, leaving accommodation that was reasonable).
• No local connection. They say you should apply somewhere else where you have lived recently or have family.
• Suitability of offered accommodation. They have offered you a property and you say it is unsuitable (too far, too small, no adaptations).

Any of these can be challenged.

How to ask for a review

1. Write to the council within 21 days of receiving the Section 184 letter. Late requests can sometimes be accepted but only if there is a good reason.
2. Say which decision you want reviewed.
3. Ask for temporary accommodation pending review if you are street homeless. The council has the power to provide it, see temporary accommodation, your rights.
4. Ask for the council's housing file, the case notes they used. You can request this under data-protection law.

You do not have to give your full reasons straight away. Many councils give you a chance to submit written representations later, usually within 14 days, often longer if a solicitor is involved.

Getting evidence together

The review is based on what the council should have known when it decided. New evidence can also be considered if the reviewing officer agrees. Useful evidence:

• Medical letters confirming a condition that makes you vulnerable.
• Letters from a social worker, mental-health team, or domestic-abuse adviser.
• Records that prove you had no choice (the lease ended, the partner left, the landlord evicted you).
• Wage slips, benefit letters, child-support arrangements.
• Photos and reports of the property condition if you were forced out by disrepair.

What happens after the review

The reviewing officer issues a Section 202 review decision, usually within 8 weeks. They can:

• Change the original decision in your favour.
• Confirm the original decision.
• Send the case back to the original officer with new instructions.

If the review goes against you, you can appeal to the County Court under Section 204 within 21 days. This usually needs a solicitor and may attract legal aid.

Where to get focused legal help

A Section 202 review and a Section 204 county-court appeal both benefit from focused housing-solicitor help. We are not homelessness solicitors. The right places to turn are:

• Shelter for free housing advice.
• Citizens Advice in your area.
• A Law Centre if there is one near you.
• A solicitor on the Legal Aid Agency housing panel.

How we can help

If you were forced to leave your last home because of serious disrepair the landlord ignored, that can be evidence against an "intentionally homeless" finding, and you may also have a separate disrepair claim against the landlord. Call us free on 0800 030 4669.

Free call: 0800 030 4669 | Start your claim

Sources

• Housing Act 1996, Part 7 (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)