Q&As

What are the procedures for reviewing a decision made by a local housing authority under section 198(5) of the Housing Act 1996 and the Homelessness (Decisions on Referrals) Order 1998, SI 1998/1578?

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Produced in partnership with Kevin Long of Hackney Community Law Centre
Published on LexisPSL on 14/07/2017

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

  • What are the procedures for reviewing a decision made by a local housing authority under section 198(5) of the Housing Act 1996 and the Homelessness (Decisions on Referrals) Order 1998, SI 1998/1578?

What are the procedures for reviewing a decision made by a local housing authority under section 198(5) of the Housing Act 1996 and the Homelessness (Decisions on Referrals) Order 1998, SI 1998/1578?

If a homeless applicant is found to be eligible, in priority-need, and not intentionally homeless, a referral to another local housing authority (LHA) can be made where certain conditions are satisfied under section 198 of the Housing Act 1996 (HA 1996).

Those conditions are that:

  1. neither the applicant, nor anyone who might reasonably reside with them, holds a local connection to the referring LHA, and

  2. one of them does hold a local connection to the recipient LHA

No referral can be made where either the applicant or a household member would encounter the risk of violence if referred. There is also power to refer back to another LHA where a prior homeless duty has been met through an out-of-borough placement (see HA 1996, s 198(4)), or, in England only, discharged through a private rented sector offer, as defined in HA 1996, s 193(7AA), into the referring LHA's district.

Decisions regarding referrals can give rise both to disputes between LHAs, and to review from the subject applicant. Both are covered below.

Whether the conditions for referral are satisfied shall be decided by agreement between the notifying LHA and the notified LHA pursuant to HA 1996, s 198(5). Where

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