Homelessness—the review and appeal procedures
Produced in partnership with Catherine Rowlands of Cornerstone Barristers
Homelessness—the review and appeal procedures

The following Local Government guidance note Produced in partnership with Catherine Rowlands of Cornerstone Barristers provides comprehensive and up to date legal information covering:

  • Homelessness—the review and appeal procedures
  • The local authority’s duty
  • The LHA's decision
  • Review of the LHA's decision
  • Appealing a reviewed decision
  • Further appeals
  • The position in Wales

This Practice Note sets out guidance upon the review and appeals procedure which applies once a local housing authority (LHA) has reached a decision under section 184 of the Housing Act 1996 (HA 1996) regarding the duty it owes to a homeless applicant. This includes a summary of the decisions which can be reviewed, how that review takes place, and guidance upon the appeals procedure which applies in respect of reviewable decisions.

New statutory guidance was issued on 22 February 2018 to coincide with the coming in force of the Homelessness Reduction Act 2017 on 3 April 2018. This guidance is referred to throughout this Practice Note as the Homelessness code of guidance for local authorities 2018 (2018 Code). It will apply to all applications and reviews requested from 3 April 2018. The older statutory guidance will remain relevant to decisions taken prior to that date and is referred to throughout this Practice Note as the Homelessness Code of Guidance for Local Authorities (July 2006) (2006 Code). For further reading on homelessness duties that apply pre-3 April 2018, see Practice Note: Assisting the homeless pre-3 April 2018 applications [Archived].

The local authority’s duty

Where a person (applicant) applies to an LHA for accommodation, or for assistance in obtaining accommodation, and the LHA has reason to believe that the applicant may be