Review s.202 + appeal s.204
Refused? You have 21 days for a written review request under s.202 Housing Act 1996. The review is done by another senior officer — usually decided within 8 weeks. If the review confirms the refusal, you have another 21 days for a County Court appeal under s.204 (point of law). This page has a ready letter generator.
21 days = calendar days (including weekends and bank holidays), from the date you received the decision letter. Miss it and you lose the right (though council may accept out-of-time at its discretion). Don't wait — write a short request immediately: «I request a review under s.202 of the decision dated [date]. Detailed grounds will follow within 15 working days». That's enough to stop the clock.
Which decisions can be challenged
«Minded to» letter — the key procedural protection
Per Regulation 7 of the 2018 Regulations: if the reviewing officer is minded to confirm the decision but sees a deficiency or irregularity in the original, they must send you a letter giving you the chance to respond.
Deficiency is a low bar: it doesn't mean the original was wrong. Any shortcoming in fact-finding, reasoning, procedure, fairness counts. For example: officer didn't ask about X, didn't check mental health, didn't consider disability, didn't make adequate inquiries.
If you receive an adverse review WITHOUT a minded-to letter, that's an error of law. Strong basis for s.204 appeal at County Court (Hall v Wandsworth [2004] EWCA Civ 1740). Request an oral hearing if you want to address points orally (Makisi v Birmingham [2011] EWCA Civ 355).
Accommodation pending review — Mohammed test
s.188(3) — discretionary, not automatic. But not «just refuse» — council must apply the test from R v Camden LBC ex p Mohammed (1997) 30 HLR 315:
- Merits — is there a real prospect of success on review
- New material — is there new evidence the reviewer should consider
- Personal circumstances — children, disability, vulnerability, consequences of refusal
Ask in writing. Refusal without addressing the three factors is a basis for judicial review (s.204 doesn't cover refusal of accommodation pending review — only pending appeal).
Review deadlines (Reg 9)
If the council misses its deadline, you can appeal directly to County Court under s.204(1)(b), treating the original decision as upheld.
s.204 County Court appeal
21 days from the date of the review decision (or from the date the review should have been made if the council missed the deadline). Court fee ~£197 (CPR Part 52).
«Point of law» is broad and includes:
- Error of law on the face of the decision
- Wednesbury unreasonableness
- Procedural unfairness (e.g. no minded-to letter)
- Failure to make adequate inquiries (s.184)
- Mistake of fact giving rise to unfairness
- Breach of HRA (Art 8, Art 14) or Equality Act (PSED s.149)
- Inadequate reasons
Legal aid is available subject to means + merits test. Find a solicitor: gov.uk/find-a-legal-adviser (filter: Housing). Also Shelter (0808 800 4444) — free advice + can refer you to a legal aid solicitor.
If the council refuses accommodation pending appeal, you can appeal that refusal separately under s.204A (quasi-JR test).
Frequently asked questions
How long for a review?
21 days from the date you received the decision letter (s.202(3)). Calendar days (including weekends). The council may accept out-of-time, but it's discretion.
Who carries out the review?
A senior officer NOT involved in the original decision (Reg 2 of 2018 Regulations). If you find out the same team is reviewing, point out the breach immediately.
What is a minded-to letter?
If the reviewer is minded to confirm the decision BUT sees a deficiency or irregularity in the original, they must send you a "minded to" letter (Reg 7) with an opportunity to respond orally or in writing. Often skipped — strong basis for s.204 appeal (Hall v Wandsworth).
Will I get accommodation while the review is pending?
Discretionary under s.188(3) — not automatic. But the council must apply the Mohammed v Camden test: (1) merits review, (2) new material, (3) personal circumstances. Ask in writing. Refusal without addressing the three factors is a basis for JR.
What if the review is also refused?
You have 21 days to appeal to County Court under s.204 — on a point of law (Wednesbury, error of law, breach of HRA / Equality Act, inadequate inquiries, mistake of fact, no minded-to letter). Legal aid is available — find a solicitor: gov.uk/find-a-legal-adviser.