Your Say in Emergency Housing Location in England

Facing homelessness or sudden eviction can be an overwhelming experience, especially when it comes to emergency accommodation. Many renters in England wonder: do you get a say in emergency housing location? Understanding your rights and what to expect can help you make informed decisions if you ever need urgent housing support from your local council.

How Councils Decide on Emergency Housing Locations

Councils in England are responsible for providing emergency (also called 'temporary') accommodation if you qualify as homeless. This is governed primarily by the Housing Act 1996^[1]. While local councils must offer accommodation, they are not legally required to place you in your preferred location. However, they must consider your family’s needs and try to place you as close as reasonably possible to your local connection area.

What Factors Do Councils Consider?

• Where your children go to school
• Your or your household's medical needs
• Your place of work
• Your need for support networks (like family or carers)

If the council moves you far from your area, they should explain why and consider any essential circumstances you raise.

Can You Decline or Challenge the Location?

You have the right to explain why a particular location causes you hardship. The council must take these reasons into account, such as:

• Major disruption to children's education
• Access to ongoing healthcare (for example, specialist treatment)
• Anyone at risk due to proximity to domestic violence or abuse perpetrators

If concerns aren’t addressed, you can request a review. This is known as the Section 202 Review process.

How Does the Review Process Work?

You must request a Section 202 Review within 21 days of receiving the decision:

• Form Name: Section 202 Review Request (no standard government form – write a clear letter or use your council's online form if available)
• When to Use: If you believe the council's decision on your housing location is unreasonable
• How to Use: State your reasons, provide supporting evidence (school addresses, letters from doctors), and submit within 21 days to your local council
• Official Source: Challenge the council’s decision

The review is handled by a senior council officer who was not involved in the original decision. If you are unhappy with the outcome, you may appeal to the County Court on a point of law.

Your Right to Suitable Accommodation

Councils must ensure that emergency accommodation is ‘suitable’ for your needs under Section 206 of the Housing Act 1996^[1]. Suitability covers location, space, facilities, and impact on your family.

Always document any issues with the property or location, and let the council know as soon as possible in writing.

There are no official government forms for making suitability complaints, but written evidence (such as letters from schools or GP) will support your case.

Which Tribunal Handles Residential Tenancies in England?

Residential housing cases, including appeals related to homelessness, are handled by the County Court and, in some cases, the First-tier Tribunal (Property Chamber).^[2]

FAQ: Emergency Housing Location Rights in England

1. Can I choose where my emergency accommodation is located?
   While you can express preferences due to your family’s needs, the council makes the final decision. They aim to keep you close to your area but may offer out-of-area accommodation depending on local supply.
2. What if my emergency housing is far away from my work, school, or support network?
   Inform the council immediately and provide evidence. They must consider key needs such as schools, medical care, and support networks when deciding on location.
3. How do I ask for a review if I think the location is unsuitable?
   Request a Section 202 Review within 21 days, stating your reasons and including supporting evidence. See how to challenge a council decision.
4. Will refusing unsuitable emergency accommodation affect my homeless application?
   If you turn down an offer without a valid reason, the council might end its duty to house you. Always explain your reasons for refusal in writing and request a review.
5. Can I appeal the review decision further?
   You may appeal to the County Court on a point of law if you disagree with the review outcome.

Conclusion: What Renters Should Remember

• You have rights when it comes to emergency housing, but not an automatic choice over location.
• The council must listen to valid needs, especially for families, health, and safety.
• Challenge unsuitable offers promptly, using the Section 202 Review process if needed.

Staying informed and acting quickly increases your chances of being placed in a suitable location.

Need Help? Resources for Renters

• Homelessness and Emergency Housing – GOV.UK: Official council support info
• Shelter England: Homelessness Advice: Guidance and free helpline
• First-tier Tribunal (Property Chamber): Official tribunal for housing disputes
• County Court: Appeals on homelessness decisions

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1. Housing Act 1996
2. First-tier Tribunal (Property Chamber) official website

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