If you disagree with a decision about your homeless application, you have the right to appeal.
Homeless appeal process
When a housing options officer has made a decision about your homeless application they will write to you with their decision, giving the reasons for their decision.
If you think the decision is wrong, you have the right to appeal against that decision. A request for a review should be made within 21 days of being notified of the authority’s decision. If you don’t appeal within 21 days you could lose your right to appeal.
Please note that appealing against a decision will not affect your right to occupy temporary accommodation during the appeal process.
You have the right to appeal against any of the following decisions:
- The decision that was made about your homeless application
- The decision to refer you to another local authority and/or the reasons for referral to another local authority
- The offer(s) of accommodation made to you, (if you think what was offered to you does not meet our duty)
Ombudsman
There is no right to request a review of a decision reached on appeal.
If you feel however, that we have not handled your application correctly, you have the right to go to the Scottish Public Services Ombudsman. You can contact the Public Services Ombudsman on:
Applicants unhappy with an appeal decision can also seek a judicial review.
Judicial review
In a judicial review, the court cannot substitute its own opinion for that of the person who made the decision but it may decide that the council officer has:
- exceeded or abused his powers
- failed to perform the duty delegated or entrusted to him
- shown bias
Should you wish to seek a judicial review you should contact a solicitor to help you with your case.
You can also ask Shelter for help with this too. Shelterline is available by phoning 0808 800 4444. Lines are open seven days a week from 8am to midnight.
How do I appeal?
If you want to appeal you can do so in the following ways:
- Complete a Homeless Right to Appeal Review form. When you have filled in the form you should return it to the Housing Options Manager at the address below, within 21 days of being notified of the authority’s decision.
- Write to the Housing Options Manager, Housing Options, Civic Centre North, 19 John Dickie Street, Kilmarnock, KA1 1HW
- Telephone the Housing Options Manager on 01563 554400 or email homelessness@east-ayrshire.gov.uk
- Arrange to see the Housing Options Manager to explain in person why you wish to appeal against the decision. If you would like to make your appeal in person you have the right to be accompanied by a friend, adviser, legal representative and/or interpreter if required.
What will happen next?
We will send you a confirmation letter within three working days to tell you that we have received your request and we will invite you to attend an appeal (review) hearing within 14 days.
Your appeal (request for a review) will be considered by a senior officer who has not already been involved in making the decision.
Where possible we will try to arrange the hearing at a place that is convenient for you if you are unable to come to the Housing Options office.
After your hearing, a written decision will be sent to you within seven days.
Can I get any help to prepare my appeal?
You can get assistance from a number of independent agencies who can help you to complete the right to appeal form and possibly help you at meetings so that you can get your point across.
If you have a support worker, they should be able to help you to find independent advice and assistance.
You could also approach a solicitor or one of the following agencies directly.
East Ayrshire Citizens Advice Bureau
Information, advice, practical assistance and representation on a range of issues including debt, benefits, housing, employment and legal matters.
- Kilmarnock office: Citizens Advice Bureau, The Gateway Centre, 3 Foregate Square, Kilmarnock, KA1 1LN
Tel: 01563 544744
Opening hours: Monday, Tuesday, Thursday, Friday 10am- 3.30pm. Wednesday 10am-12noon
- Cumnock office: 77a Townhead Street, Cumnock, KA18 7LF
Tel: 01290 429500
Opening hours: Tuesday, Thursday and Friday 10am-3pm
East Ayrshire Advocacy Service
Provides independent advocacy for people aged 16-65 year who live in East Ayrshire and have a learning disability, a mental health problem or an acquired brain injury. Also provides a service to any East Ayrshire resident over the age of 65.
Advocacy helps you speak up for yourself so people will listen and take notice of what you say.
20 Lindsay Street
Kilmarnock
KA1 2BB
Telephone: 01563 574442
Fax: 01563 572796
Offices open:
- Monday to Thursday 9am-4.30pm
- Friday 9am-4pm
An answering machine is in operation outside these hours.
Shelter
Shelter offers advice and assistance to people who are homeless or having trouble keeping their home.
Telephone a free housing advice helpline service called Shelterline which is available on: 0808 800 4444. Lines are open seven days a week from 8am to midnight.
Key timeline – appeals
When a housing options officer has made a decision about a homeless application they will write to the applicant with their decision, giving the reasons for their decision.
If the applicant thinks the decision is wrong, they have the right to appeal against that decision. A request for a review should be made within 21 days of being notified of the authority’s decision. If the applicant doesn’t appeal within 21 days they could lose their right to appeal.
Please note that appealing against a decision will not affect the right to occupy temporary accommodation during the appeal process.
Appeals process
| Description | Response | Responsible |
|---|
|
Appeal received
|
Within 21 days of being notified of the authority’s decision
|
Service User
|
|
Issue confirmation letter
|
Within 3 working days of receipt of appeal
|
Housing Options
|
|
Invitation to attend an appeal (review) hearing
|
Within 14 days of receipt of appeal
|
Housing Options
|
After the appeal hearing
| Description | Response | Responsible |
|---|
|
Written decision sent
|
Within 7 days
|
Housing Options
|
Right to appeal review form
If you would like to appeal against a decision about your homeless application please fill in our Homelessness Right to Appeal (Review) online form.
Homelessness right to appeal online form