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Housing Solicitors

Homelessness applications and the right to challenge decisions (1 April 2022)

Date: 01/04/2022
Duncan Lewis, Housing Solicitors, Homelessness applications and the right to challenge decisions

Grim economic forecasts predicting 1.3 million more people are likely to slip into poverty, thanks to the cost of living crisis, means that homelessness is expected to soar by a third over the next two years.

Much of the increase will be down to what is termed ‘sofa surfers,’ according to homeless charities but what many people in this and any other homelessness bracket may not be aware of, is that local authorities cannot refuse homeless applications, and many other decisions can be challenged.

Anyone who requires housing assistance can make an application to a local authority. A refusal to consider it can be challenged by way of judicial review however, once accepted, and following a local authority’s enquiries into the application, a decision may be issued in writing and this decision may be challenged by way of an internal review.


Which decisions give rise to a statutory review?

Although not all decisions can be challenged by a review, below are some by a local authority that can be challenged:

  • Whether an applicant is considered to be homeless; eligible for assistance; in priority need; intentionally homeless or has a local connection to a local authority;

  • The ending of the prevention; relief; or main housing duty;

  • The suitability of either a temporary or permanent offer of accommodation made to an applicant; or

  • Particular step(s) within an applicant’s Personalised Housing Plan.


Review Request

A review must be requested within 21 days of an applicant being notified of the authority’s decision in writing. Where a review is requested out of time, a local authority has the discretion to accept the review request from an applicant. However, an out of time review request is generally accepted where there are exceptional circumstances.

Following an applicant’s review request, a local authority is required to conclude the review within 56 days. In the event that there are ongoing enquiries, a local authority may not be able to make a decision on the review within the required time and so a later date may be agreed in writing by both parties.


‘Minded To’

Where a local authority is minded to make an adverse decision on a review, it may issue an applicant with a ‘minded to’ decision. This decision warns an applicant of the authority’s decision to uphold the initial decision and also enables an applicant to make further and final representations in support of the review.


Statutory Appeals

If an applicant is dissatisfied by the outcome of the review or failed to receive a decision in writing, this may give rise to a statutory appeal on a point of law in the County Court.

Where there is an error in law, a specialist barrister’s opinion may be sought to carefully consider the merits of a challenge and the prospects of success.
Sadly, while the government’s flagship £316m homelessness prevention fund for councils has been welcomed by the charity, Crisis, and Big Issue founder, John Bird, it is unlikely to stop the problem from worsening as the cost of living continues to soar.


If you are affected by any of the issues here, are homeless or facing homelessness and are unsure how to proceed, the housing team at Duncan Lewis Solicitors is experienced in helping people navigate the process and submit applications, and challenge wrongful decisions.

Please get in touch so that we can assess your case and consider whether legal aid funding will be available.



About the author: Retha Khan is a caseworker in the housing department at Duncan Lewis Solicitors, based in the City of London. She has wide-ranging experience in housing law, and has assisted numerous clients in relation to homelessness, disrepair and possession claims. Contact her for advice via email at RethaK@duncanlewis.com or telephone on 020 3114 1147.


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