Acknowledging a section 202 homeless review request, and confirming the review procedure & deadline for submissions (expedited review)
On receiving a review request from a homeless applicant, you must:
- notify the applicant that they may make written and/or oral representations to the authority in connection with the review, and
- notify the applicant of the procedure that will be followed in connection with the review (if you haven't already done so).
This letter enables you to comply with these regulatory requirements when the review must be expedited. The letter also confirms the date by which the applicant must forward all of their submissions to the authority.
Section 202 reviews must be expedited (i.e. shorter time limits apply) where the original decision under review is:
- a decision about the steps the council will take to perform the s.195(2) prevention duty ('reasonable steps' to help the applicant to keep their home)
- a decision about the steps the council will to take to perform the s.189B(2) relief duty (reasonable steps to help a homeless person obtain accommodation)
- a decision to end the prevention duty by giving notice under s.195(5), or
- a decision to end the prevention duty by notifying a decision that the applicant has deliberately and unreasonably refused to co-operate (Reg.5(3)(b)).
Note: this letter is not suitable if:
- the review is not an expedited review (a different letter should be used)
- the review decision has been contracted out to a third party, or
- the original decision under review was whether the local connection referral conditions were satisfied (i.e. a decision under section 198(5) of the Housing Act 1996, which was made either jointly by the two authorities or by a referee).
User Social Landlord or Local Authority
Document Type Letter
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