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Wednesday, 4 September 2013

Reviews against council decisions

If someone has a grievance against a local council in the UK over a decision made in the area of housing, they are entitled to challenge that decision. They may be a homeless person whose application has been turned down, or they may have had a request for housing benefit rejected. Alternatively, they may be living in council-provided accommodation or even more permanent council housing that they deem inadequate. 

Source: wallace-id
A housing solicitor will be able to advise clients on what action to take if appeals outside of the courts have been unsuccessful; however, before a case goes to court, there are other forms of redress that someone can seek. They can seek a review at the council level itself, or take an appeal to the Local Government Ombudsman. It may be useful to appeal to the ombudsman if a case has been subject to particularly long delays, or if an individual believes the council to have discriminated against them. The grounds for discrimination may be based on any one of a number of factors, including race, colour, ethnic or national origin, religious beliefs, gender, sexual orientation, age or disability.

If the ombudsman rules in someone’s favour, it can issue a recommendation that the individual or household be compensated. Housing lawyers will advise clients on what course of action to take.
If the review of a council decision does not go in a client’s favour, a solicitor such as Duncanlewis.co.uk may recommend that they appeal to the county court. It should be noted that an appeal must commence within 21 days of the date that the client has received the decision of the review.

Further up the legal ladder, it might also be possible to launch a judicial review; this will centre on the way the decision was arrived at, rather than the decision itself. A judicial review must begin in the High Court, so specialist legal advice  beyond a housing possession solicitor  is essential before any such process is undertaken.

It can be hard to determine whom to contact to initiate a complaint. In the case of council tenants, they can lodge a complaint with the housing department if, for example, the council has not carried out essential repairs or the repairs it has carried out are poor. If a council is not meeting its obligations in terms of a property’s state of repair, a disrepair solicitor can discuss with a client the appropriate course of action.

For homes owned on a long lease, including a home on a shared ownership scheme where the council is the freeholder, an individual has grounds to complain if the council is not meeting its terms under the lease. If the council has caused a hazard to health and safety in someone’s home, there are also grounds for complaint and a review if necessary. The environmental health department would be the appropriate contact in such an instance.

Housing solicitors such as Duncanlewis.co.uk have the necessary qualifications and experience to lead clients through the process of a review against a council decision. Housing solicitors will represent clients adequately and professionally in any dispute that might arise with a local council. 

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