Challenging a homeless decision

The council doesn't always have to keep giving you housing help. They can stop if:

• the time limit for helping you keep your home or find a new one has ended

• you've refused suitable housing that was offered for 6 months

• you left housing made available to help you keep your home or find a new home and it was your fault

• you're no longer eligible for help - for example if your immigration status has changed

• you have unreasonably refused to follow your housing plan

If you disagree with the council's decision to stop helping you, explain why you disagree and send evidence to support your case.

For example, if you feel the housing you're offered isn't suitable for your needs because you have health problems, send a letter from your doctor to support your case.

Before you ask for a review you should try to get your housing plan changed by speaking informally to the council.

If speaking to the council doesn’t work you should ask for a review.

Explain what you disagree with in your housing plan and what changes you want the council to make.

Send evidence to show why you can’t follow the plan, if possible. You must do this within 2 weeks of asking for your review if you can’t you might be able to agree with the council to get extra time.

For example, you might not be able to follow a requirement to widen your property search to include high rise flats because you have mobility problems. You could send evidence such as a letter from your doctor saying you’re unable to walk up stairs.

Before you ask for a review make sure you check if you're 'legally homeless'.

If you're legally homeless, explain why you are and include evidence. This could include:

• evidence of why you had to leave your home, for example an eviction notice

• a letter from your support worker or a police report if you had to leave because of domestic abuse or other violence

• a letter from family saying you can't continue to stay with them

If the council decides you can’t be given housing because you made yourself homeless you’re considered to be ‘intentionally homeless’.

You’re intentionally homeless if you deliberately do or fail to do something which makes you homeless.

You can challenge the council’s decision if:

• it wasn’t reasonable for you to stay in your home  - for example because of domestic abuse or if your home was overcrowded

• you weren’t aware of relevant facts before leaving your home - for example, if you didn’t know you had the right to stay in your home

It can be complex to challenge a decision that you've made yourself intentionally homeless - contact your nearest Citizens Advice for help. An adviser can help you to put forward your case against the council’s decision. They might also be able to help you get evidence to explain why you had to leave your home.

For example, if you lost your home because you had rent arrears the council might say you made yourself homeless. If your home was unaffordable get evidence to show this. For example, you could ask for a financial statement from your local Citizens Advice, based on your circumstances at the time you got in arrears.

Before you ask for a review check if you’re in priority need.

If you disagree with the council’s decision you can challenge it. For example, if the council says your health condition doesn’t place you in priority need for housing, you can challenge the decision.

Explain why you disagree with their decision and include evidence to support your case.

For example, ask your GP or support worker to write a letter which explains your health problems and why you’d be at risk of harm if you’re not given housing.

The council can't stop you making a homeless application just because you don't have a local connection. If they do contact your nearest Citizens Advice for help.

If the council gives you a written decision saying you don’t have a local connection, they must have also decided if you’re entitled to help with housing. If you’re entitled to housing the council might refer you to another council that you have a connection to. They can’t refer you if you're at risk of violence in that area.

If the council refers you to another area and you disagree with their decision, you should first ask them not to refer you by speaking to them. It's worth doing this because they don't have to refer you to another council. 

If speaking to the council doesn't help, you should ask for a review of their decision. To get them to change their decision you'II need to explain why you have a local connection. Give as much detail as possible.

Send evidence, if possible. This could include:

• bills and tenancy agreements - to show how long you or close family members have been living in your area

• a letter from your employer - to show you work in the area

• a letter from your doctor - saying you need to live in the area to get specialist treatment

• a letter from your child’s school confirming their attendance and impact of having to move schools

If you think the emergency housing you’ve been offered is unsuitable you can challenge the council's decision by judicial review. This a complex area, contact your nearest Citizens Advice to get help to challenge the council's decision. 

If the temporary or longer-term housing you’re offered is unsuitable you can ask for a review. It’s usually best to accept the housing you’re offered and ask for a review at the same time. This is because there’s no guarantee you’II be offered anything better. You’II also have somewhere to stay while the council reviews its decision. Read more about checking if your housing is suitable.

Explain in your letter why you think the housing isn’t suitable. For example, tell the council if you're a carer for a family member and the housing they've offered will make it difficult for you to keep caring for them.

If you accept a suitable offer of housing  (including private rented housing) the council won’t need to help you further - this means their housing duty has ended.

If the council has agreed to give you longer-term housing they can also end their duty to house you if:

• you refuse an offer of suitable housing - though first they have to tell you that you might not get further help if you refuse the offer and that you can ask for a review

• you stop being eligible for help - for example, if your right to live in the UK changes

• you become intentionally homeless from your housing - for example if you’re evicted because you have rent arrears

• you’re not living in the property the council offered you

Explain why you disagree with the council’s decision and send evidence, if possible. For example, tell the council if the housing you’ve been offered isn’t suitable for your needs because you have health problems. You could send a letter from your doctor to support your case.