Judicial Review is part of the Appeals process and applying for judicial review can involve organisations which provide a public service – such as local authorities – or private companies whose remit is to provide a public service, such as a private provider of NHS healthcare or social housing.
If you are homeless and the council has refused to house you or has delayed the allocation of council housing to you, it may be possible to apply for Judicial Review.
In successful cases involving Judicial Review, it is likely an applicant will be awarded compensation for not being housed – or for any delay in housing allocation by the local council.
Duncan Lewis housing solicitors can help prepare applications for Judicial Review in cases of homelessness – or where there has been unlawful delay by a council in offering housing to a homeless individual or family.
In cases where a homeless person on the housing waiting list declines a property for good reason (eg damp in the property), or because they did not understand the housing process – the council may still decide that they have fulfilled their duty under Section 193 of the Housing Act 1996 (Duty to persons with priority need who are not homeless intentionally).
Applicants for housing on the grounds of homelessness are entitled to a review of a local authority’s decision under the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 (SI 1999/71) – and may appoint a housing solicitor to represent them.
It is also possible to take legal action if you are allocated a home by the local council which is in such a poor state of repair that you could be considered homeless – eg a property with serious damp.
Duncan Lewis advises those who are homeless and are waiting to be housed by the local council to get in touch as soon as possible after a housing decision has been made – or if there is a delay in being housed – to discuss an application for Judicial Review.
In cases where a housing applicant wishes to apply for Judicial Review, there is a three-month limitation period for applications following a housing decision by the local authority.
Duncan Lewis housing solicitors can also advise local authorities and housing associations on cases involving homelessness.
Duncan Lewis housing solicitors are one of the leading providers of Legal Aid housing advice to social housing tenants in the UK.
Duncan Lewis solicitors also have departments covering all areas of law, including immigration and family law – which may also be relevant in housing cases involving Judicial Review and homelessness matters.
In cases where an applicant is homeless and wishes to apply for Judicial Review of a housing matter, they are usually eligible for Legal Aid.
If a housing client is not eligible for Legal Aid, Duncan Lewis can usually offer a Conditional Fee Agreement (CFA) and a set fee for the initial assessment of a housing case, so our clients always know what they will be paying.
For expert legal advice on Judicial Review on homelessness matters, call Duncan Lewis Housing Solicitors on 020 7923 4020.