Getting a homeless decision looked at again

You have a statutory right to have some decisions reviewed – looked at again – because you believe the decision is unlawful. ‘Unlawful’ means:

  • there was a problem with the way the Council made its decision and
  • this problem caused the Council to reach a bad decision

Decisions about Brent Council’s duty to you

You have the right to ask for a review if the Council says you do not pass one of the 4 legal tests:

  1. you are not eligible because of your immigration status in the UK
  2. you are not actually homeless right now
  3. you are not in priority need
  4. something you did, or did not do, caused you to lose your home and so you are intentionally homeless

Decisions about which Council has a duty to you

You have a right to for a review if it says another council should have a duty to you and not Brent Council.

You can apply to another council as homeless at the same time if you have a connection to another area. This might be because:

  • you work in another council area or
  • your children go to school in another council area or
  • you lived in another council area before coming to Brent.

Decisions about your offer

You have a right to ask for a review about how suitable the home you are offered is. You have this right in three situations:

  1. When the Council says it has a ‘main housing duty’ to you.
  2. When the Council offers you any home; a temporary one or a permanent one
  3. When the Council says it no longer has a duty to you

Taking action on the Council’s decisions

  1. You must ask for a review within 21 days of getting the decision. Look at the date on the letter to work out when that is.
  2. If you are outside this time you do not have a statutory right to get a review done. But the Council can decide to do it, if you can show there are exceptional circumstances that meant you were late. ‘Exceptional circumstances’ means things like you were in hospital or a relative died at the time
  3. Tell the Council you want a review as soon as you get the decision letter. Do it in writing. Choose Template letter below to help you.
  4. Look at the proof you gave the Council with your application. Decide if you can get more to help change the decision.

Get specialist help

You are more likely to get a successful review decision if you get help from an specialist adviser or solicitor. If you are on a low income you might get Legal Aid to pay for a solicitor. Choose Find a local adviser below.

Now choose The review below.

Shelter – asking for a review

Shelter – template letter to ask for a review

Find a local adviser

The review

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