Reviews and appeals
There are some situations where there is a right to review:
- any decision made by the council on the facts of a housing application
- a decision regarding eligibility for housing
- on the council's decision on a homelessness application, including a decision to discharge duty after an offer is refused
There are other circumstances when we provide an appeal or review process:
- against a decision that an offer we have made is reasonable
- against a decision to remove a priority status on the choice based lettings housing register
Requests for a review of a decision must be submitted within 21 days of the data on our decision letter.
Complaints
The council complaints procedure should be used if it seems that the council has not dealt with a case properly. Complaints are looked at initially by the staff dealing with the case and if needed, by their managers. They will try to resolve the issues directly and quickly.
You can make a complaint through our website. If this does not resolve the matter, the complaint will be considered by the council's corporate complaints staff.
Complaints that are not resolved using the Council's own complaints procedure can be referred to the Housing Ombudsman on 0300 111 3000. The Ombudsman will check to make sure that the council is carrying out its published policies fairly and efficiently and that there has been no disadvantage to an applicant by a failure in the process.
Legal challenges
You are able to challenge the council's decision legally in some cases. This is usually by a "judicial review" which seeks a legal judgment on the actions of the council including its policies. There are also specific legal challenges to homelessness decisions.
You can receive free and confidential advice from housing advice agencies.
Section 202 review
If you have made a homelessness application in accordance with the Housing Act 1996 and upon completing our enquiries, you are issued with a Decision letter that concludes that the council did not owe you a duty to house you, you can ask for that decision to be reviewed. This is a statutory review and is carried out by the council in accordance with Section 202 of the Housing Act 1996. See our Section 202 review for more detailed advice.
You have a right to seek a review of the following decisions made in relation to your homeless application:
- eligibility
- homelessness
- Personal Housing Plan
- the prevention duty has been brought to an end
- the relief duty has been brought to an end
- priority need
- intentionality
- restricted duty
- referral to another housing district
- suitability of accommodation
- suitability of settled accommodation offered to you in discharge of our full housing duty
- discharge of duty
- makes a decision to give an applicant notice that they have deliberately and unreasonably failed to cooperate with the council
- makes a decision to give notice that the council will bring the duty to help secure accommodation to an end
When to request a review
You must request a review within 21 days of the decision notice. Your request for a review must be in writing. If you miss the deadline, you will lose your right to a review. If you apply late, you must show that there were exceptional circumstances as to why you could not request a review within the 21 day time period. The council will decide whether to accept a late request.
Reviews are based on points of law. If the council has not made an error in law, you review may not succeed. If you need help submitting a request, contact the Housing Options service.
Help with your request for a review
There are solicitors who specialise in Housing Law who will be able to make representations on your behalf. Alternatively you can seek assistance from a specialist housing adviser, support worker, or family / friend who will be able to assist you to make the initial request for a review.
It is imperative that you make a written request for a review as soon as possible. Detailed representations as to why you think the original decision is incorrect can be submitted at a later date. Do not wait to find a solicitor to represent you before you request a review.
Once you have requested a review within the stipulated 21 days you can then find a solicitor to act on your behalf. Please note that once you have instructed a solicitor to represent you, we will require a signed consent from you to correspond with them.
Handling of your review
Your review will be dealt with by one of the council's Housing Options Officers. This person will be both senior to and independent of the original decision maker.
Requesting a review
Please send a review request in writing to the Housing Options service at Homelessness1@cumberland.gov.uk
You can send your review through the post to:
Housing Options Service
Cumberland Council
Allerdale House
Workington
Cumbria
CA14 3YJ
Information for your review request
You should explain why you think the original decision is incorrect and provide any new information that supports your request for a review. However, simply putting in writing that you want to request a review is enough to start the process.
You will be given a reasonable period during the review to make any further submissions or provide additional information. To confirm your identity and contact you, please provide the following details:
- full name
- reference number
- current address of care of address
- mobile number
We will use whatever contact details you supply to provide you with the council's review decision once completed. If a solicitor is acting on your behalf, your review decision will be forwarded to them by e-mail or first class post.