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Rehousing decision appeals
Housing - March 2005
housing.services@kirklees.gov.uk
Introduction
Kirklees Council's housing registration and allocations policy includes a three stage review procedure. The procedure is designed to
comply with legal requirements under the Housing Act 1996, to provide customers with the means to challenge decisions, and with the need
to ensure that decisions take full account of the Council's legal duties, its policies, and all relevant information.
Stage 1 - Manager's Review
Where an applicant asks for a review of a housing register or allocation decision a Contract Manager (CM) or a Homelessness Assessment
Manager (HAM) will review the original decision to ensure that it was taken in light of all legal requirements, Council policy, and all
relevant information. The CM or HAM will also take into account any further information from the applicant or other agencies since the
date of the original decision. The CM/HAM can uphold or revise decisions. If the CM or HAM upholds the original decision the customer can
to request a review of the CM's or HAM's decision by the Officer Review Panel. The CM/HAM will refer the decision to the Panel by preparing
a report.
Stage 2 - Officer Review Panel
The Panel will consider information supplied by the applicant and information from the CM or HAM in the form of a pro-forma and a case
history, using the guidelines for Housing Services (Special Lettings) Sub-Committee. CM/HAM should send reports for the Panel to reach
Civic Centre III a week before the Panel meeting if they wish the report to be circulated to Panel members before the meeting. Reports
which arrive less than a week before the meeting will be tabled at the meeting. An officer who knows the case should be available by phone
during the Panel's meeting to provide further information if necessary.
The Officer Review Panel meets fortnightly led by the Housing Needs Manager together with two other Principal Managers from Housing
Management Division. A senior officer from other services such as Housing and Health, Private Sector Housing, Housing Equality Unit or
Social Services may occasionally attend as an observer or advisor. The Panel may uphold or revise decisions. It may also defer its decision
pending further information. If the Panel upholds the CM's HAM's decision and the applicant seeks a review of the Panel's decision, then
the Panel will refer the case to Housing Services (Special Lettings) Sub Committee.
Stage 3 - Housing Services Appeals Panel
The terms of reference of this sub-committee are:
(a) to consider and determine appeals from applicants to the housing register in respect of officers' decisions on;
- access to the housing register;
- determination of homelessness status;
- elements of housing need taken into account in making assessments;
- offers of accommodation.
(b) to monitor the operation of the Council's housing allocations policies and procedures.
Timescales
Applicants must request reviews in writing within 21 days of receiving the decision which they wish the Council to review. Following all
stages of the review process Housing Services will notify applicants within 28 days of the latest review decision.
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