Page 44 - Solving Housing Disputes

Local authority homelessness review

2.61 As described in Chapter 3, local authorities owe duties to assist residents in
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circumstances where they are or face the prospect of becoming homeless.
Local authorities exercise what is in practice a degree of discretion when
making these decisions. Where a local authority decides they do not owe a
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person a duty to assist or provide them with housing, that person can seek an
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internal review of the decision.

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2.62 While there are no clear data on the outcome rates for internal reviews,
tenant lawyers we spoke to expressed frustration at the approach local
authorities take to internal reviews. One described the review process as a
form of “shadow boxing” between local authorities and homeless persons’
solicitors before judicial review or an appeal to a Circuit Judge is commenced.
Most solicitors we spoke to agreed and contended that many local authorities
do not meaningfully reconsider the first instance homelessness decision.

2.63 While some of our consultees expressed concerns about how the HDS would
operate, an area of universal agreement was to welcome any proposal for a
fresh review of the local authority decision around homelessness. 105 Taking

101 See para 3.56 for more details. In April-June 2019 68, 170 households were assessed by local
authorities as either homeless or threatened with homelessness, MHCLG, ‘Statutory Homelessness, April
to June (Q2) 2019: England available at https://assets.publishing.service.gov.uk/government/uploads/sy
stem/uploads/attachment_data/file/852953/Statutory_Homelessness_Statistical_Release_Apr-
Jun_2019.pdf

102 The discretion or “subjective element” is a matter of case law. Homelessness duties arise when a local
housing authority deems an applicant eligible, i.e. a person is homeless, in priority need, intentionally
homeless, etc., depending on whether the authority “have reason to believe,” or are of an opinion or are
“satisfied” that an applicant qualifies. “The section is framed in a 'subjective' form - if the Secretary of
State 'is satisfied’.” per Lord Wilberforce, Secretary of State for Education and Science Appellant v
Tameside MBC [1977] A.C. 1014, HL, at p.1047.

103 Section 202(1) of the Housing Act 1996.

104 The current MHCLG data on homelessness does not capture the internal review stage, see MHCLG,
‘Statutory homelessness live tables 2019 Q2 (April- June), updated 18 December 2019 available at
https://www.gov.uk/government/statistical-data-sets/live-tables-on-homelessness

105 Section 203 of the Housing Act 1996 confers on the Secretary of State power to make provision by
regulation as to the procedure to be followed in connection with a s202 review. Authorities are entitled
to delegate reviews to an external body: see Local Authorities (Contracting Out of Allocation and
Homelessness Functions) Order 1996, SI 1996/3205. We acknowledge that for the HDS to take on this
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