Ask for a review

The homelessness law says that an applicant can in some cases ask us to review decisions made on their homeless application.

You can ask for a review of any decision made:

  • About your eligibility for assistance.
  • About what duty (if any) is owed to you in relation to the duties owed to persons found to be homeless or threatened with homelessness.
  • About the steps you have been asked to take in your personalised housing plan during the prevention duty stage of your application.
  • To give notice to bring the prevention duty to an end.
  • About the steps you have been asked to take in your personalised housing plan during the relief stage of your application.
  • To give notice to bring the relief duty to an end.
  • To give notice to bring a prevention or relief duty to an end in cases of deliberate and unreasonable refusal to co-operate.
  • As to the suitability of any accommodation offered to you to prevent or relieve homelessness, whether or not you have accepted the offer.
  • As to the suitability of accommodation offered to you by way of a final accommodation offer or a final Part 6 offer under section 193A or 193C, whether or not you have accepted the offer.
  • As to the suitability of accommodation offered to you by way of a private rented sector offer under section 193.
  • About any decision made to refer your case to another local authority.
  • About any decision made not to refer your case to another local authority.

How do I ask for a Review?

You can ask for a review by contacting the Homeless Team within 21 days of your decision letter. You can also ask someone else to help you or act on your behalf with the review but please ensure that we receive your written permission to talk about and give them information about your application. The Homeless Team can be contacted in the following ways:

  • By telephone on 01924 304572
  • By email on homelessassessment@wakefield.gov.uk
  • By fax on 01924 304557
  • By letter sent to, or by visiting:
    Housing Needs Service – Homeless Team
    Queens House
    Queens Row
    Market Street
    Wakefield
    WF1 1D

The reception entrance is accessed on Queens Street, Wakefield.

What happens next?

Once a review has been requested, you will receive a letter from the Reviewing Officer. You will be asked if you want to explain in writing why you think the decision is wrong, and provide us with any new information that may be relevant to your case.

The letter will fully explain the course of action that will follow the review.

Who is the reviewing officer?

The reviewing officer will be of a more senior rank than the decision maker. They will not have had anything to do with the decision of your case.

What does the reviewing officer consider?

The reviewing officer must consider whether there has been any "irregularity" or "deficiency" in the original decision. This may include:

  • Failure to take into account relevant information
  • Failure to ignore irrelevant facts
  • Failure to base the decision on the facts
  • An act of bad faith or dishonesty
  • Mistake of law
  • Decisions that run contrary to the policy of the Act
  • Whether we have acted irrationally or unreasonably in the exercise of our powers or duties.
  • Procedural unfairness

How long will it take?

The reviewing officer normally has 8 weeks to complete the review and tell you the outcome in writing. However, this period may shorter under some circumstances, or longer if you are asking for a review about local connection. This seems like a very long time, and a decision will be made sooner than this wherever possible. Sometimes we may need to make this period longer, but we will do this with your agreement.

What happens if I am homeless now?

The Council may exercise its power to provide you with temporary accommodation while the review is carried out. Please state clearly as part of your review request that you wish to be accommodated, or continue to be accommodated and the reason why you feel the accommodation should be provided.

What happens if my review is unsuccessful?

If you still feel unhappy about the review decision or have not been told the outcome of the appeal within the time limit, you can appeal to County Court. If you want to do this, you must appeal to the County Court within 21 days of the date of our review decision letter, or of the date the review should have been completed.

If you need any help with or advice on your legal rights, you should consider contacting: