PART IIIHomelessness

Request for a review and notification of review procedure

6.—(1) A request for a review under section 202 shall be made–

(a)to the authority, where the original decision falls within section 202(1)(a), (b), (c), (e) or (f);

(b)to the notifying authority, where the original decision falls within section 202(1)(d) (a decision under section 198(5) whether the conditions are met for referral of a case).

(2) Except where a case falls within regulation 7, the authority to whom a request for a review under section 202 has been made shall–

(a)notify the applicant that he, or someone acting on his behalf, may make representations in writing to the authority in connection with the review; and

(b)if they have not already done so, notify the applicant of the procedure to be followed in connection with the review.

(3) Where a case falls within regulation 7, the person appointed in accordance with that regulation shall–

(a)notify the applicant that he, or someone acting on his behalf, may make representations in writing to that person in connection with the review; and

(b)notify the applicant of the procedure to be followed in connection with the review.

Initial procedure where the original decision was made under the Decisions on Referrals Order

7.—(1) Where the original decision under section 198(5) (whether the conditions are met for the referral of the case) was made under the Decisions on Referrals Order, a review of that decision shall, subject to paragraph (2), be carried out by a person appointed by the notifying authority and the notified authority.

(2) If a person is not appointed in accordance with paragraph (1) within five working days from the day on which the request for a review is made, the review shall be carried out by a person–

(a)from the panel constituted in accordance with paragraph 3 of the Schedule to the Decisions on Referrals Order (“the panel”), and

(b)appointed in accordance with paragraph (3) below.

(3) The notifying authority shall within five working days from the end of the period specified in paragraph (2) request the chairman of the Local Government Association or his nominee (“the proper officer”) to appoint a person from the panel and the proper officer shall do so within seven days of the request.

(4) The notifying authority and the notified authority shall within five working days of the appointment of the person appointed (“the appointed person”) provide him with the reasons for the original decision and the information and evidence on which that decision was based.

(5) The appointed person shall–

(a)send to the notifying authority and the notified authority any representations made under regulation 6; and

(b)invite those authorities to respond to those representations.

(6) The appointed person shall not be the same person as the person who made the original decision.

(7) For the purposes of this regulation a working day is a day other than Saturday, Sunday, Christmas Day, Good Friday or a bank holiday(1).

Procedure on a review

8.—(1) The reviewer shall, subject to compliance with the provisions of regulation 9, consider–

(a)any representations made under regulation 6 and, in a case falling within regulation 7, any responses to them; and

(b)any representations made under paragraph (2) below.

(2) If the reviewer considers that there is a deficiency or irregularity in the original decision, or in the manner in which it was made, but is minded nonetheless to make a decision which is against the interests of the applicant on one or more issues, the reviewer shall notify the applicant–

(a)that the reviewer is so minded and the reasons why; and

(b)that the applicant, or someone acting on his behalf, may make representations to the reviewer orally or in writing or both orally and in writing.

Notification of the decision on a review

9.—(1) The period within which notice of the decision on a review under section 202 shall be given under section 203(3) to the applicant shall be–

(a)eight weeks from the day on which the request for the review is made, where the original decision falls within section 202(1)(a), (b), (c), (e) or (f);

(b)ten weeks from the day on which the request for the review is made, where the original decision falls within section 202(1)(d) and the review is carried out by the notifying authority and the notified authority;

(c)twelve weeks from the day on which the request for the review is made in a case falling within regulation 7.

(2) The period specified in paragraph (1) may be such longer period as the applicant and the reviewer may agree in writing.

(3) In a case falling within paragraph (1)(c), the appointed person shall notify his decision on the review, and his reasons for it, in writing to the notifying authority and the notified authority within a period of eleven weeks from the day on which the request for the review is made, or within a period commencing on that day which is one week shorter than that agreed in accordance with paragraph (2).

(1)

See section 1 of and Schedule 1 to the Banking and Financial Dealings Act 1971 (c. 80).