Housing allocations, housing register and Judicial Review.
Your local council is free to set its own housing allocation policy as long as they follow certain rules. By law your council must set out policies, procedures and priorities by which social housing – including council and housing association housing – will be allocated. It must also must make sure that information regarding those policies is made available to the public.
Decisions relating to how the council considers your case on the housing register can in certain instances be open to Judicial Review. Outlined below is a very brief explanation of how the housing register and allocations work, how they can be challenged by review, and when judicial Review action in the High Court can be used.
As part of the consideration of who obtains social housing your local council must also give the following groups ‘reasonable preference’:
- people who are legally classed as homeless (or threatened with homelessness): the law classes a person as homeless when they have no home that is available and reasonable to occupy. Those who are considered legally homeless are those who are eligible, in priority need and are not considered intentionally homeless. (for more info see here)
- people living in unsanitary, overcrowded or otherwise unsatisfactory housing
- people who need to move for medical or welfare reasons
- people who need to move to a particular location (for example, to be nearer to special medical facilities) and who would suffer hardship if they were unable to do so
How does your local council operate their housing register and housing allocation scheme?
In order to allocate social housing your council will operate either a points-based or band-based system. In principle the housing register should take into account numerous factors. It should take into account issues such as, how long you have been on the waiting list for social housing, your level of housing need, and other priorities. Unfortunately, many applicants find they are not allocated the correct banding or points.
A decision on your housing register /waiting list application can be challenged. For instance if your application to join the register is refused or your banding or priority is not what it should be.We suggest that you put your request in writing even if you make fuller representations at a later date also request a copy of your housing file and your council’s allocation policy.
If you’re not allowed on the housing register
Councils must allow homeless people and people with health, disability or welfare needs on the register.
Ask the council to review its decision if it says that you do not qualify under the council’s local policy.
Local connection rules are set out in your council’s allocation policy – check it, and if you’re not happy request a review of it.
Check the rules and give the council any missing or overlooked evidence to prove your connection. This could include evidence of you or a family member living or working in the area for the required time, or proof of the amount of time you have lived in the area.
Health, disability and welfare needs
Ask health professionals, support workers or social workers to write support letters if you feel the council didn’t properly consider your health, disability or welfare needs.
If you think you should have more priority
You can challenge your council’s decision if you feel the council hasn’t given you enough priority on the waiting list because it has:
- wrongly assessed your health and welfare needs
- not included everyone in your household
- unfairly penalised you for rent arrears or antisocial behaviour
- made a mistake about your local connection to the area
These factors can affect your banding or points allocation. It is important that you are allocated the check this to ensure the correct banding and the size or property type you can be considered for.
Homeless and in temporary accommodation
You can ask for a suitability review of any offer from the housing register if you’re homeless and housed in temporary accommodation.
Review findings and Judicial Review
When your council writes to tell you the outcome of its review, and you disagree with the decision, this is where we may be able to help. Your next challenge may be by way of judicial review. A court can look at the lawfulness of the decision and whether your council is in fact operating a lawful allocations policy.
Judicial review is a legal action that challenges council decisions. It is a complex process and you will need legal help. You can read about Judicial Review here.