HOUSING SERVICES
Tel: 08450 450 051
Contact Centre:
Mon - Sat: 8.00am - 8.00pm
Offices:
Mon - Fri: 8.30am - 5.00pm
Out of Hours:
Emergency repairs and homelessness
Fax: 01954 713148
Email: duty.housing@scambs.gov.uk
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Appeals procedure
An appeal is a written request for a review regarding a decision or outcome in relation to a housing matter.
Senior officer decision making processes
A senior officer will carry out reviews of assessment decisions as required. Officers will make all assessment decisions. In cases where we, the applicant or support agency; believe that there are exceptional or unusual circumstances that are pertinent to the assessment decision, a request can be made for a senior officer to review the application.
Examples of circumstances that may be reviewed are:
- multiple need in band
- emergency housing required
- moving people up a band or down a band
- priority assessments, in complex cases
- housing people in different accommodation to designated need size
- low priority review decisions
- direct lets
This list is not exhaustive.
Statutory reviews
An applicant has the right to request a review of decisions made under part V1 (6) of the Housing Act 1996 in particular:
- decisions about the facts of the applicant's case which are likely to be, or have been, taken into account in considering whether to allocate housing accommodation to the applicant
- lack of any reasonable preference based on previous behaviour s167 (2C) Housing Act 1996
- ineligibility for an allocation based on immigration status s160A (9)
Decision letters issued in respect of housing applications will advise the applicant of their right to request a review and provide appropriate guidance on how to do this.
An applicant can obtain further details of the review procedure from us.
How do I appeal?
A request for a review of a decision can be made in writing or verbally to us. The request should be made within 28 days following the notification of the decision.
What will happen next?
Reviews will be considered within 28 days of the request being received and the applicant will receive a written response outlining the result of the review.
An applicant will only be entitled to one internal review. If an applicant is still unhappy following the review of a decision, they can make a complaint through the council's complaints procedures, contact the Local Government Ombudsman or seek to challenge the decision via a judicial review.
Reviews will be undertaken by an officer who was not involved in the original decision, and who is senior to the decision-making officer.
Statutory homeless reviews
Homeless applicants have the right to request a review of certain decisions made by us in respect of a homelessness application. This includes the decision to discharge
a homelessness duty through a suitable offer of permanent accommodation via the housing register.
A review request must be made within 21 days of notification of a decision, although a late review request can be accepted under exceptional circumstances at our discretion.
Having requested a review, the applicant will be advised to make representations in writing. Someone who is acting on behalf of the applicant can also make representations. The case file together with any new information provided as part of the review request will be sent to the reviewing officer. Once the review has taken
place, we will write to the applicant notifying him or her of the outcome.
Reviews will be undertaken by an officer who was not involved in the original decision, and who is senior to the decision-making officer.
Applicants that are requesting reviews of decisions about suitability of accommodation will be advised to accept and move into accommodation pending the outcome of their review request. This is because if the review goes in their favour alternative accommodation will be provided as quickly as possible, however, if the decision remains the same, no further offer of accommodation will be made.
The applicant has the right of appeal to the county court if he or she is dissatisfied with the decision on a review.
If you are still unhappy with the decision made.
If you wish to make a formal complaint, visit our complaints procedure section.
For more information see the Lettings Policy and Procedures booklet.
