Homelessness and Social Housing Allocation (Wales) Act 2026

Prospective

5 Right to request a review E+W

(1) The 2014 Act is amended as follows.

(2) In section 84 (notice that duties have ended), after subsection (1), insert—

“(1A) Where a local housing authority offers accommodation in the discharge of any duty under this Chapter, it must notify the applicant of the right to request a review of the suitability of the accommodation whether or not the offer is accepted.”

(3) For section 85 (right to request a review) substitute—

“85 Right to request a review

(1) An applicant has the right to request a review of the matters in subsection (2), subject to subsections (4) to (7).

(2) The matters that may be reviewed are—

(a) a decision of a local housing authority as to the applicant’s eligibility for help;

(b) a decision of a local housing authority not to carry out an assessment of a person’s case under section 62;

(c) an assessment by a local housing authority of the housing needs of the applicant and any member of the applicant’s household;

(d) an assessment by a local housing authority of the support needed for the applicant and any member of the applicant’s household—

(i) to retain accommodation which is or may become available;

(ii) to overcome any barrier to living independently;

(e) a prevention, support and accommodation plan;

(f) a decision of a local housing authority that a duty is not owed to the applicant under section 66, 68 or 75 (duties to applicants who are homeless or threatened with homelessness);

(g) a decision of a local housing authority that a duty is not owed to the applicant under section 76A(2) (duty to provide help to retain suitable accommodation);

(h) a decision of a local housing authority that a duty owed to the applicant under section 66, 68 or 75 has come to an end;

(i) a decision of a local housing authority that a duty owed to the applicant under section 76A(2) has come to an end;

(j) a decision of a local housing authority under section 80 to notify another local housing authority in Wales or England of its opinion that the conditions for referral are met in respect of the applicant;

(k) a decision under section 80(5) that the conditions for referral of a case are met;

(l) a decision of a local housing authority about the suitability of accommodation offered to the applicant in, or in connection with, the discharge of any duty under this Chapter (whether or not the applicant has accepted the offer).

(3) If an applicant makes a request to a local housing authority for a review, the authority must (subject to subsections (4) to (7)) review any matter in subsection (2) that appears to the authority to be relevant, whether the applicant specifies the matter to be reviewed or not.

(4) An authority has no duty under this section to review a decision reached on an earlier review.

(5) An authority has no duty under this section to review a prevention, support and accommodation plan unless the request for review is made at any time during which the authority is required to maintain the plan.

(6) An authority has no duty under this section to review the suitability of accommodation offered to the applicant in, or in connection with, the discharge of any duty under this Chapter unless the request for review is made at any time—

(a) before the offer is accepted by the applicant and while the offer remains open, and

(b) if the applicant has accepted the offer—

(i) at any time when a duty under section 66, 68 or 75 applies to the applicant, or

(ii) before the end of a period of 6 months beginning with the first day on which the accommodation is available for occupation by the applicant.

(7) An authority has no duty under this section to review any other matter unless the request for review is made before the end of the period of 21 days (or such longer period as the authority may in writing allow) beginning with the day on which the applicant is notified of the authority’s assessment or decision.”

(4) In section 86 (procedure on review)—

(a) in subsection (2), for paragraph (a) substitute—

“(a) require the review to be carried out by a person with the appropriate level of seniority who was not involved in the assessment, decision or plan under review,”;

(b) in subsection (4)—

(i) in paragraph (a), for “decision” substitute “assessment, decision or plan”;

(ii) omit “or

(b) to confirm that reasonable steps were taken.”

(5) In section 88 (right of appeal to county court on point of law)—

(a) in subsection (1), for “or, as the case may be, the original decision or a question as to whether reasonable steps were taken” substitute “on review or, as the case may be, the original assessment, decision or plan”;

(b) in subsection (4), after “decision” insert “on review or the original assessment, decision or plan”;

(c) in subsection (5)(a), omit “against the authority’s decision”.

Commencement Information

I1 S. 5 not in force at Royal Assent, see s. 43(2)