How to Appeal a Homelessness Decision in England

If you have applied to your local council for help with homelessness in England and received a decision you disagree with, it is important to know that you have the right to appeal. This guide explains your legal rights under English law, how the appeals process works, and where to find official forms and support services.

Understanding Homelessness Decisions

When you apply to the council for homelessness assistance, they must review your case and issue decisions, such as whether you qualify for help, what type of assistance you are entitled to, and if they owe you a main housing duty. These decisions are made under the Housing Act 1996 (Part 7), which sets out the homelessness laws for England.^[1]

Common Decisions You Can Challenge

• The council decides you are not homeless or not eligible for help
• You are found intentionally homeless
• You are not in priority need
• The council offers accommodation you feel is unsuitable

Every decision must be given to you in writing, usually called a ‘Section 184 decision letter’.

Your Right to Request a Review

You have the legal right to ask for a review of most homelessness decisions. This is sometimes called ‘requesting a review under section 202’. You must request a review within 21 days of getting the council’s written decision.

• Write to your council, clearly stating you want a review and include reasons why you disagree with their decision.
• You may also use the Homelessness Decision Review Form (no official number), which some councils provide online or at their office. For example, see official government guidance.
• The council must arrange a senior officer, not involved in the original decision, to carry out the review.
• You will usually get the review outcome in writing within 8 weeks.

Practical Example

If you have received a letter saying you are ‘intentionally homeless’ because you are behind on rent, but you believe your circumstances were beyond your control (for example, sudden job loss), you can request a review. Write to your council or use their review form, explaining your situation. Keep copies of all documents and correspondence.

Tip: If you need help writing your review request, get free advice from services like Shelter or Citizens Advice. Their expert advisors can help you phrase your reasons clearly.

Appealing to the County Court

If, after the review, you still disagree with the council’s decision, you may appeal further to the County Court. This is called an ‘appeal on a point of law’. You must do this within 21 days of getting the review decision. For legal challenges, it is highly recommended to seek legal advice or contact a specialist homelessness charity.

• The County Court appeal looks at whether the council misapplied the law or acted unfairly
• You can find more details from the official homelessness guidance on reviews and appeals

Relevant Official Forms

• Notice of Appeal (N161) form
  Used to start an appeal against a council's homelessness review decision in the County Court.
  Find and download Form N161 on GOV.UK.
  Example: If your council upholds their decision after a review, you file Form N161 to appeal this further.

If You Need Immediate Help

If you are facing homelessness or have nowhere to stay during an appeal, you can ask the council for ‘interim accommodation’ while your case is reviewed. They may grant this depending on your circumstances (read the guidance here). Make your request clear in writing to your local authority.

Key Legislation and Tribunals

• Main law: Housing Act 1996, Part VII
• Official tribunal for residential tenancy matters: County Court

1. What if I miss the 21-day deadline to request a review?
   If you miss the deadline, include an explanation in your review request. The council has the discretion to allow late reviews in special circumstances, but they do not have to accept it.
2. Can someone help me with the review process?
   Yes, you can ask an advice agency (like Shelter or Citizens Advice) or a solicitor to help you write your review request or represent you during appeal.
3. Do I have to move out if I get a negative decision?
   If the council says you are not owed accommodation, you may have to leave temporary housing. Seek advice immediately, as you may have other rights or ways to delay eviction during a review or appeal.
4. Is there a fee for appealing to the County Court?
   There is usually a fee to submit a County Court appeal (Form N161). You may be eligible for help with fees if you are on a low income. Find details on Help with Court Fees.
5. Can I get accommodation while waiting for my review?
   You can ask for interim accommodation during the review. The council will consider your situation and may provide temporary housing if needed.

Conclusion: Key Takeaways

• You have the right to a review of most homelessness decisions in England and, if needed, can appeal further to the County Court
• Act quickly: request a review within 21 days and appeal within 21 days of the outcome
• Seek free advice and support from recognised homelessness and legal services if you need help with any stage of the process

Need Help? Resources for Renters

• Government advice on homelessness help from your council
• Shelter: Homelessness and your rights in England
• Citizens Advice: Housing and homelessness support
• Homelessness Code of Guidance for Local Authorities
• Find your local council here for contact details

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1. Housing Act 1996: Homelessness provisions

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