Page 45 - Solving Housing Disputes

over internal reviews from local authorities represents the prospect of a more
fulsome assessment of a claimant’s personal circumstances than might
currently be provided by local authorities where a paucity of housing stock
informs decision-making. It is not proposed that authorities could not still rely
106
on the subjective element in the decision, but rather that an external review
would enhance authorities’ decision-making in this area generally and ensure
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that there is a proper basis for reliance on it. Authorities would enjoy the
same right of appeal as any other party to an HDS determination. We
recommend the HDS take over s.202 internal review from local
authorities.

2.64 Appeals of HDS decision-making around homelessness could be facilitated
using digital case files, with common systems and delivery methods
developed from the local authority stage to the HDS and onward to the court.
Appeals

2.65 If the HDS is to sit at the first-tier of dispute resolution, as we recommend it
should, it must be located on the same plane as the County Court and FTT
(PC). It could have both former District Judges and FTT (PC) judges in its
ranks and would need to develop internal skills capable of handling all types
of housing disputes which come before it. Elsewhere in this report, we
describe the need for there to be a ticketed cadre of specialist housing judges,
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capable of hearing disputes in both the FTT (PC) and County Court. We
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also referred earlier to what we envisage would be a changing balance of
work between HDS, County Courts and FTT (PC) should our
recommendations be accepted. We therefore hope that the HDS would
ultimately be able to draw some of those judges into its work.

function on a mandatory basis, s. 203 would require amendment, potentially through insertion into it of
power allowing the SoS to make provision “as to which body conducts the review”. During the pilot, it
may be that an authority would be willing to contract the review function out voluntarily to HDS.

106 Note 102 above.

107 For example, where the authority relies on conditions generally in their area or on the capacity to cope
of those with different classes of disability in the determination of whether they are vulnerable.

108 See Chapter 4.

109 Para 2.38.

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