Part VIIE+W Homelessness[F1: England]

Textual Amendments

F1Words in Pt. VII title inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 4; S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

Modifications etc. (not altering text)

C1Pt. VII (ss. 175-218) modified (20.1.1997) by S.I. 1996/3205, art. 3, Sch.2

Pt. VII (ss. 175-218) applied (with modifications) (temp.) (6.12.1999) by S.I. 1999/3126, arts.2, 7

Pt. VII (ss. 175-218): power to apply (with modifications) (transitional provision) (11.11.1999) by 1999 c. 33, s. 169(2), Sch. 15 para. 13

Right to request review of decisionE+W

202 Right to request review of decision.E+W

(1)An applicant has the right to request a review of—

(a)any decision of a local housing authority as to his eligibility for assistance,

(b)any decision of a local housing authority as to what duty (if any) is owed to him under sections [F2189B to 193C] and 195 F3... (duties to persons found to be homeless or threatened with homelessness),

[F4(ba)any decision of a local housing authority—

(i)as to the steps they are to take under subsection (2) of section 189B, or

(ii)to give notice under subsection (5) of that section bringing to an end their duty to the applicant under subsection (2) of that section,

(bb)any decision of a local housing authority to give notice to the applicant under section 193B(2) (notice given to those who deliberately and unreasonably refuse to co-operate),

(bc)any decision of a local housing authority—

(i)as to the steps they are to take under subsection (2) of section 195, or

(ii)to give notice under subsection (5) of that section bringing to an end their duty to the applicant under subsection (2) of that section,]

(c)any decision of a local housing authority to notify another authority under section 198(1) (referral of cases),

(d)any decision under section 198(5) whether the conditions are met for the referral of his case,

(e)any decision under section 200(3) or (4) (decision as to duty owed to applicant whose case is considered for referral or referred), F5...

(f)any decision of a local housing authority as to the suitability of accommodation offered to him in discharge of their duty under any of the provisions mentioned in paragraph (b) or (e) [F6or as to the suitability of accommodation offered to him as mentioned in section 193(7)], F7...

[F8(g)any decision of a local housing authority as to the suitability of accommodation offered to him by way of a [F9private rented sector offer] (within the meaning of section 193)][F10, or

(h)any decision of a local housing authority as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193A or 193C).]

[F11(1A)An applicant who is offered accommodation as mentioned in section 193(5)[F12, (7) or (7AA)] may under subsection (1)(f) [F13or (as the case may be) (g)] request a review of the suitability of the accommodation offered to him whether or not he has accepted the offer.]

[F14(1B)An applicant may, under subsection (1)(h), request a review of the suitability of the accommodation offered whether or not the applicant has accepted the offer.]

(2)There is no right to request a review of the decision reached on an earlier review.

(3)A request for review must be made before the end of the period of 21 days beginning with the day on which he is notified of the authority’s decision or such longer period as the authority may in writing allow.

(4)On a request being duly made to them, the authority or authorities concerned shall review their decision.

Textual Amendments

F2Words in s. 202(1)(b) substituted (12.2.2018 for specified purposes, 3.4.2018 in so far as not already in force) by Homelessness Reduction Act 2017 (c. 13), ss. 9(2)(a)(i), 13(3); S.I. 2018/167, regs. 2(b), 3(i) (with reg. 4(2))

F3Words in s. 202(1)(b) omitted (12.2.2018 for specified purposes, 3.4.2018 in so far as not already in force) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 9(2)(a)(ii), 13(3); S.I. 2018/167, regs. 2(b), 3(i) (with reg. 4(2))

F4S. 202(1)(ba)-(bc) inserted (12.2.2018 for specified purposes, 3.4.2018 in so far as not already in force) by Homelessness Reduction Act 2017 (c. 13), ss. 9(2)(b), 13(3); S.I. 2018/167, regs. 2(b), 3(i) (with reg. 4(2))

F6Words in s. 202(1)(f) inserted (26.2.2002) by 2002 c. 7, s. 8(2)(a) (with s. 20(4))

F7Word in s. 202(1)(f) omitted (12.2.2018 for specified purposes, 3.4.2018 in so far as not already in force) by virtue of Homelessness Reduction Act 2017 (c. 13), ss. 9(2)(c), 13(3); S.I. 2018/167, regs. 2(b), 3(i) (with reg. 4(2))

F8S. 202(1)(g) and word inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 7(2); S.I. 2009/415, art. 2

F9Words in s. 202(1)(g) substituted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 149(9), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F10S. 202(1)(h) and word inserted (12.2.2018 for specified purposes, 3.4.2018 in so far as not already in force) by Homelessness Reduction Act 2017 (c. 13), ss. 9(2)(d), 13(3); S.I. 2018/167, regs. 2(b), 3(i) (with reg. 4(2))

F11S. 202(1A) inserted (26.2.2002) by 2002 c. 7, s. 8(2)(b) (with s. 20(4))

F12Words in s. 202(1A) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 7(3)(a); S.I. 2009/415, art. 2

F13Words in s. 202(1A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 7(3)(b); S.I. 2009/415, art. 2

Modifications etc. (not altering text)

C2Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)