Section 202 review: challenging a homelessness decision

Sometimes the council says no to your homelessness application. They might say you are not homeless. They might say you are not in priority need. They might say you made yourself homeless on purpose. Or they might say they do not owe you the full housing duty. If this happens, you can ask them to look at the decision again. This is your right under section 202 of the Housing Act 1996. Here is how the review works. Here is what to do if it fails.

What is a section 202 review?

The council must make a decision about your homelessness application. They may say you are not eligible. They may say you have no priority need. They may say you are intentionally homeless. When they decide, they must tell you in writing. That letter must also tell you about your right to ask for a review.

A section 202 review is when the council looks at your case again. The person who reviews it should be different from the one who made the first decision. They should also be more senior. The reviewer checks if the first decision was right in law and right on the facts.

Which decisions can be reviewed?

You can ask for 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 ask for the review within 21 days. The 21 days start when the council tells you about the decision. Courts have given people more time in a few cases. But do not count on getting more time. Ask for the review as soon as you can.

What to include in your review request

Put your review request in writing. It should:

• Say clearly which decision you want reviewed
• Give your reasons for disagreeing with the decision
• Include any evidence you have that was not provided or looked at before
• Say any legal or factual errors you think the first decision had

A housing solicitor or advice worker can help you write the review letter. If you are in touch with one, ask them to help.

The review process

For most decisions, the council must do the review within eight weeks. The eight weeks start when you ask for it. While you wait, you may be able to stay in interim accommodation in some cases.

The reviewer should write to you. The letter should give the review decision and the reasons for it.

If the review is unsuccessful: section 204 appeal

The review decision may still go against you. If it does, you can appeal to the county court on a point of law. This right is under section 204 of the Housing Act 1996. You must make the appeal within 21 days. The 21 days start when the council tells you about the review decision.

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

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

How housing disrepair connects to homelessness decisions

Your home may have been condemned because of severe disrepair. Or a prohibition order may have been served. Either of these may affect your homelessness status. It may also affect how urgent the council's housing duty is. Maybe your homelessness is linked to your landlord not keeping your home in good repair. If so, a disrepair claim and housing advice may both matter at the same time.

When should I contact Support for Tenants?

Your home may be in disrepair. You may be facing homelessness because your landlord did not keep it in good repair. If so, 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