Homeless appeals

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:

• 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 offers 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:

• telephone: 0800 377 7330
• write to: Scottish Public Services Ombudsman, FREEPOST SPSO
• email: ask@spso.org.uk
• website: www.spso.org.uk

Applicants who are 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

If you wish a judicial review, please contact a solicitor to help you with your case.

You can also ask Shelter for help with this too.

How to 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, Opera House, 8 John Finnie Street, Kilmarnock, KA1 1DD
• 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

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

Appeal process

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.

The appeal process is as follows:

1. Appeal received by service user - response within 21 days of being notified of the authority’s decision.
2. We will send you a confirmation letter within three working days of receipt of appeal to tell you that we have received your request, and we will invite you to attend an appeal (review) hearing within 14 days.
3. We will send an invitation to attend an appeal (review) hearing - response within 14 days of receipt of appeal. Where possible we will try to arrange the hearing at a place that is convenient for you if you are unable to visit the Housing Options office.
4. After the appeal hearing a written decision will be sent to you within seven days.

Help to prepare your 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 find independent advice and assistance.

You could also approach a solicitor or one of the following agencies directly.