In 1980 the majority of our Public Law work related to challenges brought by homeless applicants and over the years we have found that this is a growing area of concern for clients who are committed to good decision making procedures.
The decisions of social housing providers and the Local Authority Housing Benefit and Council Tax department are subject to ever vigilant scrutiny and challenge. Occupiers who are refusing to pay council tax are increasingly challenging decisions in the Courts, and similarly applications for assistance with Housing and Council Tax costs are challenging entitlement decisions.
There are enormous benefits to giving serious consideration to potential claims as soon as notice is given, hopefully avoiding often expensive litigation by way of voluntary review or robust defence.
We can help with:
- Advice on Section 184 and Section 202 decisions
- County Court appeals
- Judicial Reviews – in respect of policy and individual decisions
FAQs
Q. Is it right that an old decision can be challenged? My colleague left 6 months ago and cannot be contacted and a homeless applicant now seeks to challenge a finding of "intentionally homeless" - I can't read the case notes what can I do?
A. Each case turns on its own particular facts. Although the Court rules prescribe that any challenge must be made as soon as possible and within 3 months of the date of the decision, an applicant can apply for permission to Judicially Review a decision out of time. The Court is likely to be sympathetic to a homeless applicant, whose case has merit but applies for permission out of time and was perhaps without a legal adviser at the time of the adverse decision. If you cannot read the notes and have concerns about the original decision and Judicial Review is looming it might be best to voluntarily review, collect the information you need, make enquiries and make a decision with recorded reasons which is robust and which you would be confident defending if further challenge came.
