Quashing implied withdrawal of homeless application because contact within 21 days of discharge
This letter notifies a homeless applicant that the council has quashed a decision to treat their application as withdrawn where:
- the original decision to end the prevention or relief duty was an 'implied withdrawal' (i.e. there was no explicit withdrawal by the applicant; rather, the council lost contact with the applicant),
- the applicant subsequently contacted the council, and
- you are not treating the fresh approach as a new application; rather you are 'resurrecting' the previous application.
You might, for example, wish to take this approach where the applicant approaches within 21 days of the date on which the decision to end the duty was notified to the applicant.
The letter informs the applicant that:
- the original decision is to be treated as if it was never made
- their case has been passed back to the original decision-maker, who will contact them in relation to their application, review their housing plan and offer ongoing help, and
- if the duty (prevention or relief) ends they will have another opportunity to request a review of that decision.
A separate letter is available if you are quashing another type of homelessness decision (under Part 7 of the Housing Act 1996).
User Social Landlord or Local Authority
Document Type Letter
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