Documents

A document that a housing authority can adopt, for confirming the procedure it will follow when administering statutory reviews of homelessness decisions, under section 202 of the Housing Act 1996.

The procedure distinguishes between those procedural steps that the reviewing officer must take, and those actions which are discretionary.

The document can be used as a template, and adapted according to the council's particular requirements.

The procedure includes sections on:

• Decisions carrying the right of review.
• Expedited reviews.
• Dealing with out of time review requests.
• Responding to requests for accommodation pending review.
• The identity of the reviewing officer.
• Tasks that may be undertaken by junior officers.
• Deciding whether Reg.7(2) is engaged, and whether a 'minded to find' letter must be issued, given an opportunity for oral representations and further written representations.
• The oral hearing.
• Evaluating representations.
• Disclosing housing file records.
• The scope of issues that must be considered on review.
• Requesting extensions to the deadline for making the review decision.
• Providing adequate reasons for notifying an adverse decision.
• Termination of temporary accommodation providing pending the review decision.
• Representations received after the review decision.

The procedure also includes:

• An appendix listing template letters that can be used during the review process.
• A glossary of terms used in the procedure.

Adopting such a procedure helps to ensure the council is complying with Reg.5(3) of the Homelessness (Review Procedure etc.) Regulations 2018.

This provides that the council must, upon receiving a review request, notify the applicant "of the procedure to be followed in connection with the review".