Accommodation pending the outcome of a challenge
This page considers whether a local authority has to provide temporary accommodation to an applicant while a homeless decision is being challenged.
Whether a local authority has this duty will depend on the type of challenge that the applicant is pursuing.
Accommodation pending the outcome of an internal review/appeal
If an applicant requests a review of the local authority's decision, temporary accommodation must be provided while the review procedures are being completed.[1]
However, where a local authority do not believe an applicant is homeless they may argue that this duty does not apply. The exact wording of the legislation states that this duty applies if the local authority ‘have reason to believe an applicant may be homeless’. Arguably this may also mean that if there is any possibility that the applicant may be homeless then the duty to provide accommodation applies.
Therefore, in all cases where a local authority is refusing to provide accommodation advisers should specifically include a request that accommodation be provided as part of the review submission. It may also be prudent to ensure any reasons why the applicant may be homeless are stated explicitly.
Accommodation pending the outcome of an Ombudsman appeal
The local authority has no duty to provide accommodation to an applicant pending the outcome of an appeal to the Ombudsman, although it would be good practice for a local authority to do so.
Accommodation pending the outcome of a judicial review
Although there is no duty on a local authority to provide accommodation to an applicant pending judicial review, the court will usually grant an interim order to enable the applicant to be accommodated pending the outcome of the full proceedings.
Last updated: 22 August 2017