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Homelessness Review Committee –

Procedure Rules and Notes of Guidance

1. Procedure

The procedures for meetings of the Committee are as follows:

1.1 The first item of business at each meeting of the Committee shall be the election of a Chairman for the duration of the meeting.

1.2 Any applicant for a homelessness review case may represent himself/herself at meetings of the Committee or be represented by one other person i.e. a Councillor, Social Worker, Legal Adviser, a relative or friend. The applicant and representative must retire from the meeting before a decision is taken.

2. Quorum

2.1 The quorum of the Committee shall be not less than three Members for any one case.

3. Specific Procedure Rules

The procedure for consideration of each homelessness review case referred to the Committee will be as follows:

  1. The purpose and jurisdiction of the Committee is explained to the applicant.

  2. The names of the Committee members present and attending Officers are given to the applicant.

  3. The Officer representing the Housing Options Team gives an outline to the Committee of the relevant facts of the case as apparent from the homelessness investigation detailed in the Exempt Report. They then explain how these facts were used to formulate the Section 184 homelessness decision.

  4. The applicant and his/her representative (if applicable) are invited to ask relevant questions of the Officer representing the Housing Options Team to eliminate any unclear points or ascertain additional information.

  5. The Committee and the Officer representing Legal Services ask questions of the Officer representing the Housing Option Team to eliminate any unclear points or ascertain additional information.

  6. The applicant and his/her representative are then invited to present their argument to the Committee as to why they think that the homelessness decision is incorrect. At this point the applicant may refer to any additional supporting information provided since the homelessness decision was made.

  7. The Officer representing the Housing Options Team is invited to ask relevant questions of the applicant to eliminate any unclear points or ascertain additional information.

  8. The Committee and the Officer representing Legal Services ask questions of the applicant to eliminate any unclear points or ascertain additional information.

  9. The Officer representing the Housing Options Team is invited to sum up their case incorporating any new information supplied and makes a recommendation to the Committee regarding the homeless decision.

  10. The applicant and his/her representative are invited to sum up their case incorporating any new information that they have brought to the attention of the Committee.

  11. The applicant and his/her representative withdraw from the hearing along with the Officer representing the Housing Options Team.

  12. The Committee then reviews the case and reaches a determination after taking legal advice from the Officer representing Legal Services. Following the Committee's determination, all parties are invited back into the meeting and advised immediately of the outcome. No further discussion will take place.

  13. The Committee's decision will subsequently be confirmed in writing to the applicant and his/her representative within 10 working days.

 

4. General Guidance

These rules apply to hearings before the Homelessness Review Committee and references to the Committee shall be construed accordingly.

The Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 (SI 1999 No. 71), set out the procedures to be followed by local housing authorities in carrying out homelessness reviews. These provisions are also set out in Sections 202 & 203 of the Housing Act 1996 (as amended by the Homelessness Act 2002).

An applicant must request a review within 21 days of being notified of the Councils S184 decision and has no right to request a review of a decision on an earlier review hearing. However, in exceptional circumstances the Council may specify a longer period during which a review may be requested. Where an offer of accommodation has been made, an applicant has the right to request a review by the Committee of its suitability for their household's needs. This applies whether or not the offer has been accepted.

Applicants requesting a review will be invited to make representations in writing to the Committee to support their case. This invites the applicant to state his or her grounds for requesting a review (if they have not already done so) and to elicit any new information that they may have in relation to their case. Review requests based solely on 'new' information (not previously considered when reaching the homelessness decision) may, in the first instance, be reconsidered by the Housing Options Team to determine if it amounts to a 'change of circumstances' where a new application should be taken and investigated.

Where a review hearing is arranged, applicants should be advised to submit supporting information in writing at least 10 working days before the hearing or as soon as practicable thereafter. In addition to this, all applicants requesting a review will be invited to attend the Committee hearing in person where they (or a representative) can support their case verbally. The Housing Options Team will produce an "Exempt Report" for consideration by the Committee. The applicant will also be provided with a copy of this report.

Where an applicant or their representative fails to attend a hearing then the Committee may either adjourn the hearing or hold it in the party's absence. Where it holds a hearing in the absence of an applicant or their representative the Committee will still consider any written representations or supporting information given by them.

Section 204 of the Housing Act 1996 (Part VII) as amended by the Homelessness Act 2002 provides that an applicant has the right of Appeal to the County Court (on a point of law) if they are dissatisfied with the decision of the Review Committee.