Section 202 review: challenging a homelessness decision

If the council has decided you are not homeless, not in priority need, intentionally homeless, or does not owe you the full housing duty, you have the right to ask for the decision to be reviewed under section 202 of the Housing Act 1996. Here is how the review works and what to do if it fails.

What is a section 202 review?

When a council makes a decision about your homelessness application, including deciding you are not eligible, that you have no priority need, or that you are intentionally homeless, it must notify you in writing. That notification must tell you about your right to request a review.

A section 202 review is an internal review by the council. The reviewer should be a different, more senior officer than the one who made the original decision. The reviewer considers whether the original decision was correct in law and on the facts.

Which decisions can be reviewed?

You can request a review of:

• A decision that you are not eligible for housing assistance (usually relating to immigration status)
• A decision that you are not homeless or at risk of homelessness within 56 days
• A decision that you are not in priority need
• A decision that you became homeless intentionally
• A decision that you do not have a local connection to the area
• A decision about what duty the council owes you under the prevention or relief duty
• A refusal or withdrawal of interim accommodation
• A council's decision about the suitability of accommodation it has offered you

Time limit for requesting a review

You must request the review within 21 days of being notified of the decision. Courts have allowed extensions in limited circumstances, but you should not rely on getting more time. Request the review as soon as possible.

What to include in your review request

Your review request should be in writing and should:

• State clearly which decision you are asking to be reviewed
• Give your reasons for disagreeing with the decision
• Include any evidence you have that was not previously provided or considered
• State any legal or factual errors you believe the original decision contained

If you are in contact with a housing solicitor or advice worker, ask them to help you draft the review letter.

The review process

The council must carry out the review within eight weeks of you requesting it (for most decision types). During this time, you may be entitled to remain in interim accommodation in some circumstances.

The reviewer should write to you setting out the review decision and the reasons for it.

If the review is unsuccessful: section 204 appeal

If the review decision is against you, you have the right to appeal to the county court on a point of law under section 204 of the Housing Act 1996. The appeal must be brought within 21 days of being notified of the review decision.

A section 204 appeal can only challenge the decision on a legal basis, not simply because you disagree with how the facts were assessed. You will normally need a solicitor to bring this appeal.

Legal aid is available for housing duty advice, and duty solicitors at court can sometimes help with urgent appeals.

How housing disrepair connects to homelessness decisions

If your home has been condemned because of severe disrepair, or if a prohibition order has been served, this may affect your homelessness status and the urgency of any housing duty the council owes you. If you believe your homelessness position is linked to your landlord's failure to maintain your home, both a disrepair claim and housing advice may be relevant at the same time.

When should I contact Support for Tenants?

If your home is in disrepair and you are facing homelessness because of your landlord's failure to maintain it, we may be able to help with a housing disrepair claim.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Section 202, Housing Act 1996 (right to request review) (legislation.gov.uk)

Related articles

• Challenging a section 184 homeless decision
• Homeless application refused, next steps
• Priority need, what counts
• Homelessness main duty, what it means for you