Q&As

What are the differences between the English and Welsh review and appeals procedures which apply once a local housing authority has reached a decision regarding the duty it owes to an applicant who is or may be threatened with homelessness?

read titleRead full title
Produced in partnership with Kevin Long of Lambeth Law Centre
Published on LexisPSL on 21/06/2017

The following Local Government Q&A produced in partnership with Kevin Long of Lambeth Law Centre provides comprehensive and up to date legal information covering:

  • What are the differences between the English and Welsh review and appeals procedures which apply once a local housing authority has reached a decision regarding the duty it owes to an applicant who is or may be threatened with homelessness? 

While two distinct statutory codes now operate for the provision of homelessness assistance in England and Wales (under Part VII of the Housing Act 1996 (HA 1996), and under Part 2 of the Housing (Wales) Act 2014 (H(W)A 2014)), the framework for review and appeal remains broadly consistent and is based on an initial internal right of review, exercisable within 21 days of any relevant reviewable decision, followed by a further right of appeal to the County Court, on a point of law, against any decision on review (or absent a review decision the original one).

Therefore, the key differences relate more to the substance of the decision or duty under scrutiny, rather than any divergence in procedure between the two codes.

The established position in England is under HA 1996, s 202, which gives a homeless applicant a right to seek a review of certain decisions, including what substantive duty will be owed as a result of the local housing authority’s (LHA) assessment. There are further rights of review in respect of

Related documents:

Popular documents