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Listen
CHAPTER 11 - NOTIFICATION AND REVIEW OF
DECISIONS
11.1
Summary - this chapter sets out the legal
requirements relating to notification and review as well as
guidance on practice - good decision-making should lead to
fewer requests for review.
The notification of the homelessness decision to an
applicant and the manner in which it is given plays an
important part in ensuring that effective solutions to an
individual's housing situation are found as well as
minimising the likelihood of the need for a review of a
decision.
11.2 It is essential that in communicating its decision
on an application the local authority ensures its
response:
- is clear, easy-to-understand and as helpful to the
applicant as possible;
- contains full explanation of the reasons for the
decision reached and what happens next;
- provides advice on what the applicant should do if
they are dissatisfied with the decision; and
- provides advice on options for the applicant if the
decision is that they are not homeless or that the
local authority does not have a duty to secure
permanent accommodation for the applicant.
Independent advice
11.3 Applicants should be informed that they can seek
independent legal or other advice on the decision if
dissatisfied, and also independent representation in review
procedures.
Notification
11.4 When its inquiries into a homeless application are
complete, the local authority is required by section 30 of
the 1987 Act to notify the applicant of its decision
on:
- whether the applicant is homeless or threatened
with homelessness;
- if homeless or threatened with homelessness whether
the applicant has a priority need;
- if the applicant is in priority need whether the
applicant is judged to have become homeless or
threatened with homelessness intentionally; and
- whether it has notified or intends to notify
another local authority of the application, because it
believes the applicant has a local connection with that
local authority, and not with itself.
11.5 The local authority must also notify the applicant,
and give reasons for its decision:
- if it is not satisfied that the applicant is
homeless or threatened with homelessness;
- if it is not satisfied that the applicant has a
priority need;
- if it is satisfied that the applicant became
homeless or threatened with homelessness intentionally;
or
- if a referral to another local authority on local
connection grounds has been or is to be made.
11.6 A local authority should inform an applicant of its
decision - whether favourable or unfavourable - as quickly
as possible. Normally, a decision should be notified within
28 days of the application. Where the decision will take
some time because special inquiries have to be carried out,
an interim reply should be sent, explaining fully the
reasons for the delay.
11.7 All notifications must be in writing and where an
applicant's first language is not English, a translation
should be provided.
11.8 If a notification is not received by an applicant
it can be treated as being given to him or her only if it
has been made available at the local authority's office for
a reasonable period for collection either by the applicant,
or on their behalf. A 'reasonable period' for the
collection of a notification letter from the local
authority's office is considered to be 28 days.
11.9 The decision letter should state whether placement
of an applicant in accommodation completely fulfils the
local authority's duties or, if an interim reply is sent,
whether it is only a temporary placement pending further
action, such as completion of inquiries.
11.10 Where the local authority is making an offer of
accommodation under the homelessness legislation, the
letter should set out why it thinks the house is reasonable
for the applicant. Letters should give names and telephone
numbers of the relevant officer, and also advise applicants
on sources of independent advice such as solicitors,
Citizens Advice Bureaux or housing advice centres.
11.11 If the applicant telephones for a decision, the
local authority should take the opportunity to confirm the
address to which the written notification required by
statute should be sent, since homeless people will often
move between a series of 'care of' or other temporary
addresses. The address to which written notification should
be sent, and a telephone contact number if desired by the
applicant, should be ascertained at the time of the initial
interview.
11.12 A checklist of the information that should be
included in the decision letter can be found at the end of
this chapter.
Review of decisions
11.13 Local authorities must notify the applicant that
there is a right to review of the decision, the time within
which a request for a review should be made and of any
advice and assistance that is available to the applicant in
connection to the review.
11.14 Local authorities have a duty to review
homelessness decisions, if requested, under section 35A of
the 1987 Act. This states that:
- decisions on duties (if any) owed to applicants who
are homeless or threatened with homelessness;
- the decision to notify another local authority that
the local authority believe that the conditions for
referral of an application to that other local
authority have been met;
- the determination of whether the conditions for
referral of an application to another local authority
are satisfied; and
- where accommodation is secured for the applicant,
whether the provision of that accommodation discharges
the authority's duty to the applicant are all open to
review.
11.15 A request for a review should be made within 21
days of the applicant being notified of the authority's
decision, or a longer period if the authority allows
this.
11.16 The procedure for the review is set out in section
35B of the 1987 Act. This specifies that the person who
carries out the review should be senior to the person who
made the decision that is under review, and should also
have had no involvement in the making of the decision.
11.17 The authority is (or either of the authorities
are, as the case may be) under a duty to notify the
applicant of the decision reached on review. If the
decision is to confirm the original decision on any issue
against the interests of the applicant, or to confirm a
previous decision to either notify another authority or
that the conditions are met for the referral of the case,
then the authority should also notify the applicant of the
reasons for the decision.
11.18 Notice of the decision will not be treated as
given unless the reasons for the decision are given. Notice
must be given in writing and shall, if not received by the
applicant, be treated as having been given only if it is
made available at the authority's office for a reasonable
period for collection by the applicant or on behalf of the
applicant.
11.19 Under section 29 of the 1987 Act temporary
accommodation should be provided to applicants requesting a
review of the decision of the authority until they have
been notified of the review decision of the authority and,
if appropriate, the reasons for the decision.
11.20 Applicants should be advised that they have a
right to temporary accommodation while the review is being
carried out.
11.21 There is no right to request a review of a
decision reached on review.
11.22 Each local authority will wish to consider the
most suitable review procedure for its circumstances, but
it should incorporate the following features:
- it should be as speedy as is consistent with a full
and fair hearing of the case, bearing in mind that an
applicant will often be in urgent need;
- the applicant should be fully informed of the
points to be considered in the review, and given a
reasonable period to prepare his or her case;
- information on the availability of independent
advocacy in the area should be provided;
- the applicant should have the right to be
accompanied by a friend, adviser or legal
representative, and to have an interpreter if his or
her first language is not English;
- people with, for example hearing or speech
difficulties, mental health problems or learning
disabilities may also need an intermediary;
- the applicant should be able to make verbal as well
as written representations;
- suitable training should be given to those
reviewing decisions who should be able to consider the
merits of the case, and to substitute their own
decision for the original one, or to carry out further
investigations; as well as considering such matters as
whether proper and unbiased procedures were followed,
whether all relevant and no irrelevant factors were
taken into account, and whether the decision was within
the local authority's powers;
- sometimes those reviewing a decision may decide
that, while the decision was correct, the case was
handled insensitively, or no information, or inadequate
information, was provided to the applicant, and that an
apology should be offered to the applicant for these
inadequacies;
- the written notification of the review decision
should include full and clear explanations of the
reasons behind the decision and set out clearly which
parts of the original notification are, and are not,
being changed; and
- arrangements should be in place for ensuring that
the implications of review decisions for decisions on,
or the handling of, future applications are drawn to
the attention of homelessness officers and senior
officers.
11.23 Local authorities should publicise the right to
request a review and the procedures for the review ensuring
these are available in accessible and easily understandable
format.
11.24 It is important that an applicant is not
disadvantaged by requesting a review and it would be
expected in normal circumstances that a local authority
should hold a property offered pending the outcome of the
review. Ensuring that the review is carried out promptly
will minimise the period where there may be any loss of
rental income for the landlord.
11.25 Review notification letters should advise
applicants of their right to go to the Scottish Public
Services Ombudsman if they are dissatisfied with the way in
which their application has been handled.
Judicial review
11.26 Applicants unhappy with a decision may seek
judicial review. In a judicial review the court cannot
substitute its own opinion for that of the decision makers.
However, it can strike down a decision on the grounds that
the decision maker has exceeded or abused his powers, or
failed to perform the duty delegated or entrusted to him,
or exhibited bias. The court's decision may affect the
particular case only, but it may also have wider
implications for the local authority's policies and
procedures. For example, it may call in question the
legality of a current policy being applied, or indicate
shortcomings in the local authority's procedures.
Checklist for decision letter
11.27 The following is a simple checklist of the minimum
basic information a model decision letter should contain.
It is not exhaustive and depending on the applicant's
circumstances and the decision reached, additional or
alternative information might also be necessary.
Have you:
- Set out clearly your decision as to whether or not
the applicant is
- Homeless?
- Priority need?
- Intentionally homeless?
- Set out whether or not you have investigated local
connection and if so whether or not you intend to refer
the applicant to another authority?
- Provided clear reasons for your decision including
matters which you took into account?
- Explained what happens next and any actions that
the applicant is required to take?
- Informed the applicant of their right to request a
review of your decision, including review of the
accommodation offered?
- Set out clearly the procedures for review including
likely timescales?
- Provided details of where the applicant can access
further advice or information, including independent
sources in the area?
- Provided full contact details for the applicant to
use if they wish to discuss anything in your
letter?
- Checked that the letter is in a form which is
accessible and understandable to the applicant?
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