Documents

A letter to notify a homeless applicant that you consider there was a deficiency in a decision that was made jointly by two councils to refer the applicant's case under section 198 of the Housing Act 1996 on local connection grounds, but that the two councils are minded, on review, to uphold their decision that the referral conditions are met.

Use this particular Reg.7(2) letter where:

• The review concerns an agreement between two authorities that the s.198 referral conditions are met on grounds of local connection, i.e. the two councils agreed a referral, which the applicant now challenges by requesting an internal review.

In these circumstances Reg.4(a)(i) of the Homelessness (Review Procedure etc) Regulations 2018 provides that the review must be undertaken jointly by the notifying and notified councils.

This letter:

• Is drafted so as to make clear that the 'minded to' decision has been agreed by both councils.
• Enables you to comply with the additional procedural safeguards set out in Regulation 7(2) of the 2018 Regulations.

Accordingly, the letter informs the applicant:

• Of your reasons for considering that there was a deficiency or irregularity in the original decision.
• That the two councils are nonetheless minded on review to uphold the agreement to refer the applicant's case.
• Of your reasons for being minded to make an adverse decision on review.
• That they can make oral and/or written representations.
• How such representations can be made.
• The deadline for making representations.