28.This section amends sections 84, 85, 86 and 88 of the 2014 Act.
29.Section 5(2) of the Act inserts subsection (1A) into section 84 of the 2014 Act. It requires a local housing authority to notify an applicant of their right to request a review of the suitability of accommodation offered to them under Chapter 2 of Part 2 of the 2014 Act, whether the applicant accepted the offer or not.
30.Section 5(3) of the Act substitutes section 85 of the 2014 Act, which gives applicants the right to request a review of certain matters under Chapter 2 of Part 2 of the 2014 Act. References below to section 85 are references to the section 85 inserted by this section.
31.Section 85(1) of the 2014 Act provides that an applicant has the right to request a review of the matters listed in section 85(2), subject to the limitations set out in subsections (4) to (7) of section 85.
32.Section 85(2) of the 2014 Act contains a list of matters which may be reviewed.
33.Section 85(3) of the 2014 Act provides that, where an applicant requests a review of a matter listed in section 85(2) of the 2014 Act, the local housing authority must carry out a review of any matter listed in that subsection which appears to the authority to be relevant to the applicant’s case. This duty applies regardless of whether the applicant has specifically identified the matter to be reviewed but is subject to subsections (4) to (7) of section 85 of the 2014 Act. This means that where grounds are specified, the local housing authority must, in addition, review any matter listed in section 85(2) of the 2014 Act that appears to the authority to be relevant unless one of the circumstances in section 85(4) to (7) of the 2014 Act apply.
34.Subsections (4) to (7) of section 85 of the 2014 Act set out the circumstances in which a local housing authority is not required to carry out a review under this section. A summary of these circumstances follows.
35.A local housing authority is not required to carry out a review of a decision that has already been the subject of a previous review under section 85 of the 2014 Act.
36.A local housing authority is not required to review a prevention, support and accommodation plan unless the request for review is made during the period in which the authority is under a duty to maintain the plan.
37.A review of the suitability of accommodation offered to an applicant need only by carried out if the request is made:
38.Lastly, a local housing authority is not required to review any other matter unless the applicant makes the request for a review within 21 days of being notified of the authority’s assessment or decision. However, the local housing authority may allow a longer period but agreement to this longer period must be given in writing.
39.Section 5(4) amends section 86 of the 2014 Act, which relates to the procedure on review under section 85 of the 2014 Act. Section 86 enables the Welsh Ministers to make regulations about that procedure. Section 5(4) makes amendments to section 86(2) and (4) to reflect that the expanded list of matters which may be reviewed under section 85, as amended, include assessments and plans, in addition to decisions.
40.Section 5(5) amends section 88 of the 2014 Act, which enables applicants who have requested a review under section 85 of the 2014 Act to appeal to a county court in certain circumstances. The amendments made by section 5(5) reflect the expanded list of matters which may be reviewed under section 85.
Commentary on Sections Part 1 - Homelessness Section 5: Right to request a review