Homelessness reviews

 You have the right to request a review of our decision on;

• The steps taken to secure accommodation 
• A notice to end the decision to secure accommodation (relief duty) 
• A notice to end the decision to secure accommodation (prevention duty)
• A notice to end the relief or prevention duty due to non-cooperation
• The steps taken to secure that accommodation does not cease to be available to a customer who is threatened with homelessness
• Eligibility for assistance
• What duty is owed to customers found to be homeless or threatened with homelessness 
• No local connection (if main duty would apply)
• A decision as to what duty is owed to a customer whose case is referred 
• The suitability of accommodation offered under the prevention or relief duty 
• The suitability of a final offer or a Part 6 offer 
• The suitability of a private rented sector offer 
• The suitability of accommodation offered after an unreasonable refusal to cooperate 
• Whether the conditions for referral are met

You can ask for a review of suitability whether or not you accept the offer of accommodation.

 

If you ask for a review, you will receive an acknowledgement of your request which will confirm our review procedure; confirmation of the review type you have requested, the deadline for the review, and the deadline for further submissions.

 

You, or someone acting on your behalf, may give us written details, including information from doctors, consultants etc., of the reasons why you want us to review the council’s decision. If you have not given us any written reasons for your request within 10 days of the date you ask for a review, a decision will be based on the information that we have on file.

If you want to make submissions but there is a chance you cannot do so within 10 days, let us know as soon as possible. That is because we will normally disregard any representations received after the deadline, unless there is a prior agreement or exceptional reason for the delay.

 

If you request a review, this will be carried out by a senior officer of the City of Wolverhampton Council.

This person will have no prior involvement in the original decision.

The same officer can carry out multiple reviews relating to a single case if they were not involved in the original decision(s).

Where the decision is about whether the conditions for referral of a case are satisfied, the review will be carried out jointly by the two housing authorities. The time limit for this type of review is 10 weeks.

Where the decision under review is taken by a person appointed by the notifying and notified authority, the review of that decision will be carried out by someone appointed by the Local Government Association (or their nominee). The time limit is 12 weeks.

 

The time limits in which you will be notified of the outcome of the review are;

3 weeks

• The steps taken to secure accommodation 
• A notice to end the decision to secure accommodation (relief duty) 
• A notice to end the decision to secure accommodation (prevention duty)
• A notice to end the relief or prevention duty due to non-cooperation
• The steps taken to secure that accommodation does not cease to be available to a customer who is threatened with homelessness

8 weeks

 

• Eligibility for assistance
• What duty is owed to customers found to be homeless or threatened with homelessness 
• No local connection (if main duty would apply)
• A decision as to what duty is owed to a customer whose case is referred 
• The suitability of accommodation offered under the prevention or relief duty 
• The suitability of a final offer or a Part 6 offer 
• The suitability of a private rented sector offer 
• The suitability of accommodation offered after an unreasonable refusal to cooperate 

 

10 to 12 weeks

• Whether the conditions for referral are met

 

The time limit runs from either the date you ask for a review, or the date of any submissions, whichever is the latter. If we need more time to make a decision, we’ll agree an extension with you.

 

 

If we make you a final accommodation offer or a final Part 6 offer, at the relief stage, and you ask us to review the suitability of the offer, we are under no duty to ensure that accommodation remains available to you pending the outcome of your review, this will be a decision we will exercise under our power given the circumstances of your case.

 

Oral hearings

If the person conducting the review, thinks that there is a deficiency or irregularity in the original decision, or in the way it was made, but they are minded nonetheless to make a decision that is against your interests on one or more issues, they will tell why; and, that you, or someone acting on your behalf, may, within a reasonable period, make oral representations, further written representations, or both oral and written representations.

The reviewer may consider whether there is ‘something lacking’ in the decision, for example, a significant issue was not addressed or addressed inadequately, which could have led to unfairness. An original decision could also be unsatisfactory because of something which occurs between the date of the original decision and the review decision.

 

 

There is no right to request a second review of the same decision.

 

 

If you are dissatisfied with the decision on review, or you have not been notified of the decision within the time prescribed (or any extension we have agreed with you) you have the right of appeal on a point of law to the county court.

An appeal must be brought by an applicant within 21 days of either the date on which you are notified of the decision on review, or the date on which you should have been notified.