Documents

There are four possible approaches for reviewing officers in relation to Regulation 7(2) of the Homelessness (Review Procedure etc) Regulations 2018.

This document provides text that can be used, as required, depending on whether the reviewer :

• Accepts there was a deficiency or irregularity in the original decision (at the time it was made).
• Accepts there is now a deficiency in the original decision (by virtue of new matters drawn to the council's attention, since the original decision was made, as per the purposive approach set out in purposive approach to Reg.7(2) required by Banks v Kingston-upon-Thames RLBC [2008] EWCA Civ 1443).
• Does not accept that there is any deficiency or irregularity in the original decision, but is minded nonetheless to treat Reg.7(2) as invoked.
• Decides there was no irregularity or deficiency in the original decision (and on that basis proceeds to make a decision on review, without issuing a Reg.7 'minded to find' letter).