If you have approached us for homelessness help under Part VII of the Housing Act 1996 (as amended by Homelessness Act 2002), the homeless legislation, by law we must write to tell you about our decision. This is known as a 'Section 184 Notification'. This letter will tell you what decision we have made and the reasons for it.
If you receive your Section 184 Notification letter and you are not satisfied with the decision you can request a review.
When can I request a homelessness decision review?
You can request a review if our letter states that:
- you are not eligible for assistance (this will affect some people from abroad)
- you are not homeless or threatened with homelessness
- you are not in priority need
- you are not intentionally homeless
- you do not have a local connection with Eden and we have decided to refer you to another local authority.
You may also ask for a review if you feel you have been offered unsuitable accommodation in the following circumstances:
- temporary accommodation provided for you after your homeless application has been accepted by the council (this is called Section 193 accommodation)
- an offer of permanent accommodation made via Cumbria Choice
What if I have new information or my circumstances have changed since the decision was made?
If you have more information which you feel should have been taken into account in making the decision, you should ask for your application to be reassessed. This will be done by the person who made the first decision about your application. If new information does not change our decision at that stage, this information will be considered during your review.
Asking for a review of a homelessness decision
You must ask for a review in writing within 21 days of being told about our decision. You can write to us or you can ask someone else to write in for you. If you are unable to write to us, please telephone us within 21 days and make it clear that you are asking for a review.
Your review will be considered by a senior officer, who has not previously been involved in making the decision that you are asking to be reviewed. The request should be addressed to:
Housing Services Manager
Eden District Council
Will I be given somewhere to live during the homelessness review process?
We are not under a duty to provide you with accommodation during this time. You can ask us to provide you with somewhere to live. Your circumstances and any new information you have given us will be taken into account. However, we will only continue to provide you with temporary accommodation in exceptional circumstances.
What happens next?
You will be asked for any extra information you feel should be considered that was not included in your original letter asking for the review. This extra information must be sent to us within 14 days. You can ask someone to write in on your behalf if you wish. It is in your interest to provide us with as much information as possible.
If you don't sent us any extra information within 14 days the review will be based on the facts that are already known. A report will be prepared by the Housing team, and passed to the officer responsible for reviewing your case, along with all additional information.
How long will the homelessness decision review take?
A decision on a review must be made within 56 days of your original request. This may be extended in agreement with you.
The homelessness decision review
The reviewing officer will consider your case and come to a decision. This will take into account any change in your circumstances since the original decision. You will be told about the review decision as soon as possible. The notification will include:
- our decision
- the facts that were taken into account
- the reason for our decision
The decisions open to us
- accept your appeal (this may require your homeless application to be referred back for further consideration of other aspects)
- reject your appeal, this means our decision remains the same
- issue a new decision based on the new information you've given us
What if I am not satisfied with the homelessness review decision?
You can appeal to the county court on any point of law arising from the decision of the review, or on the original decision if we have not met the time limit to complete your review. You can only apply to the county court if you have used our review procedure and are not satisfied.
An appeal must be brought within 21 days of the date that we tell you about our review decision.
If you are considering appealing to the county court, the local Citizens Advice Bureau, housing advice agency or a solicitor can assist you. Useful contact details are given below.
If you are unable to ask for a review within the time limits you can still ask for a review but should give reasons for the delay. We may refuse to consider an out of date request.
Citizens Advice Bureau has one office in Eden, Carlisle and Eden Districts (Penrith) Citizens Advice Bureau based in Penrith. Advice is available face-to-face and by telephone. The Bureau offers home visits and often provide email advice. The organisation also has a significant amount of helpful information on its website.
Housing Legal Aid
Housing legal aid is available from:
Scott Duff & Co
40 King Street, Penrith, Cumbria CA11 7AY
Telephone: 01768 865551