Local Authority Refused Your Homelessness Application
If the council has refused your application for housing assistance under Part VII of the Housing Act 1996, you have a statutory right to request a review of the decision and to appeal to the county court on a point of law.
Quick Answer
A council's decision to refuse a homelessness application can be challenged by requesting a section 202 review within 21 days of receiving the decision letter. If the review decision is also adverse, you have a further 21 days to appeal to the county court under section 204 on a point of law. Emergency accommodation should continue while a review is pending if you were in interim accommodation.
Full Explanation
Part VII of the Housing Act 1996 (as amended by the Homelessness Act 2002 and the Homelessness Reduction Act 2017) imposes duties on local housing authorities to provide assistance to homeless persons. The initial duty is to make inquiries and issue a section 184 decision letter. Common reasons for refusal include findings that the applicant is not homeless, is not eligible for assistance (due to immigration status), has become homeless intentionally, or does not have a local connection.
If you are refused, you have the right under Housing Act 1996 s.202 to request a review of the decision. You must make this request in writing within 21 days of receiving the section 184 decision letter. The review must be carried out by a more senior officer than the one who made the original decision, and must be completed within 8 weeks (or such extended period as is agreed). You may make written representations and are entitled to request an oral hearing in some cases.
If the review decision is also adverse, you have a further right of appeal to the county court under s.204, but only on a point of law — the county court does not conduct a full re-hearing on the facts. You must lodge the s.204 appeal within 21 days of the review decision. The appeal is heard by a circuit judge and can result in the decision being quashed and remitted for a fresh decision. Legal aid may be available for s.204 appeals — contact a housing solicitor urgently.
During a s.202 review (and pending a s.204 appeal), the council's duty to provide interim accommodation under s.188 or s.204(4) may continue. Whether it does depends on whether you were accommodated when the review was requested. Insist in writing that the council continues to accommodate you during the review and, if necessary, apply for judicial review if the council refuses to do so.
The Homelessness Reduction Act 2017 introduced new prevention and relief duties — councils must now take reasonable steps to prevent homelessness for 56 days and to relieve it for a further 56 days. Refusals of these duties can also be reviewed under s.202.
Legal Basis
- §Housing Act 1996 s.184 — Inquiries and duty to notify
- §Housing Act 1996 s.202 — Right to request a review
- §Housing Act 1996 s.204 — Right of appeal to county court
- §Housing Act 1996 s.188 — Interim accommodation duty
- §Homelessness Reduction Act 2017
What To Do
Read the Section 184 Decision Letter Carefully
The decision letter must explain the council's reasons. Identify precisely which finding is challenged — for example, 'intentional homelessness', 'not eligible', or 'no local connection'. The grounds for review or appeal flow from the specific finding.
Request a Section 202 Review Within 21 Days
Write to the council in writing within 21 days of receiving the decision letter, requesting a formal review under Housing Act 1996 s.202. State clearly which decision you are reviewing and the grounds on which you believe it is wrong. Send by recorded delivery and keep a copy.
Request That Interim Accommodation Continues
In the same letter, request in writing that the council continues to provide interim accommodation under s.188 while the review is pending. If the council refuses, seek urgent legal advice — judicial review of the refusal to accommodate may be needed.
Make Written Representations for the Review
Provide a detailed written statement addressing the grounds of the refusal. Include any evidence not previously considered — for example, medical evidence of disability, witness statements about relationship breakdown, or evidence of the causes of homelessness.
Appeal to the County Court Under Section 204 if Necessary
If the review decision is also adverse, file a s.204 appeal in the county court within 21 days. The appeal is on a point of law only — for example, that the council misdirected itself in law, failed to take relevant evidence into account, or made a decision that was perverse. Legal representation is strongly recommended.
Important Deadlines
Important Warnings
The 21-day time limits for review and appeal are strict — missing them without good reason will usually mean you lose the right to challenge the decision.
Legal aid is available for county court homelessness appeals — contact a housing law solicitor or law centre as soon as possible after the review decision.
If you are street homeless during this process, contact local charities and the council's emergency duty team — a s.202 review does not automatically entitle you to accommodation if you were not previously housed by the council.