Documents

A letter for notifying a section 202 review decision to a homeless applicant where you're upholding an original decision that:

• The applicant does not have a priority need.**
• The relief duty had ended because 56 days had passed.*

The letter assumes that the applicant has asked the council not only to review a non-priority decision, but also its decision to end the relief duty.

Accordingly, in relation to the latter decision, it helps you address such issues as:

• Whether the statutory period of 56 days had in fact elapsed.
• Whether the s.189A assessment was lawful.
• Whether the original decision-maker had regard to the assessment when formulating the 'reasonable steps'.
• Whether the council had complied with the duty to take reasonable steps.
• Whether the discharge notice complied with the statutory requirements, and
• Whether it was appropriate in the circumstances to exercise the power to end relief.

*If the applicant only asks that the priority need decision is reviewed, the sections concerning the ending of relief can be deleted.

** Note: this letter is not designed for all situations in which a negative priority need decision is upheld on review. This is because there are other circumstances (apart from the expiry of 56 days) in which an adverse decision may be required in relation to priority need status.