Page 93 - Solving Housing Disputes

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the statutory homelessness statistics include various data sets on
homelessness, there is an absence of information on the internal review process
being conducted by local authorities.

3.69 We think this is a notable omission. Statutory bodies elsewhere, for instance, the
Department for Works and Pensions, set out very clearly the number of internal
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reviews they conduct and their overturn rates. This provides transparency and
the opportunity to identify whether those reviews are simply affirming the initial
decision without due regard for an applicant’s circumstances. We think it
essential that the MHCLG collate similar type data on the number of internal
homelessness reviews conducted by local authorities and the overturn rate to
allow those decisions to be subject to a greater level of scrutiny. We recommend
that the MHCLG incorporate internal homelessness reviews into the
statutory homelessness statistics data on local authority, including the
number of internal reviews conducted and the overturn rate.

Appealing homelessness decisions

3.70 Though homelessness is within legal aid scope under LASPO, there are, for
obvious reasons, profound practical obstacles for many people to get access to
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legal representation. For those refused homelessness assistance with an
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arguable case, a 21-day period to lodge an appeal to a Circuit Judge represents
a very narrow window to find a housing lawyer with capacity and expertise, to
provide instruction and to lodge an appeal, particularly if they reside in an advice

263 MHCLG, ‘Statutory Homelessness, April to June (Q2) 2019: England’, available at
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/8529
53/Statutory_Homelessness_Statistical_Release_Apr-Jun_2019.pdf

264 See Department for Works and Pensions, ‘Personal Independence Payment: Official Statistics’ p9.
Relating to claimants from April 2013 to March 2019, available at https://assets.publishing.service.gov.
uk/government/uploads/system/uploads/attachment_data/file/831020/pip-statistics-to-july-2019.pdf

265 The Court of Appeal, in Al-Ahmed v Tower Hamlets London Borough Council [2020] EWCA Civ 51
recognised this difficulty, that the current situation “represents a bleak picture of the difficulties faced by
homelessness applicants in bringing an appeal under s.204 of the 1996 Act without legal advice and
representation, and of the difficulties they may face in finding someone to provide those services under
legal aid, especially as a result of the post-LASPO shrinkage of the housing advice sector” (Sir Stephen
Richards) para 34.

266 Section 204(2) of the Housing Act 1996.

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