The Appeals Process
The appeals process will be open to any person who applies for accommodation in the South Kesteven area.
There are five main areas where appeals are possible:
- The applicant is refused registration because he fails to meet the qualification criteria.
- The applicant is of the opinion that incorrect points have been awarded.
- The applicant has received an offer of a property which he considers unsuitable.
- The applicant has refused the offer of a property and he considers the refusal to be reasonable.
- The applicant is removed from the Register by the authority.
The appeals process is as follows:
Under Section 164 the authority is required to notify the applicant in writing of their decision and the reasons for it. They must also inform the person of his/her right to request a review of the decision and of the timescale within which a request should be made. Within 21 days of the decision being notified the applicant should submit in writing to the Tenancy Services Manager the reasons for appeal.
How long do I have to make an appeal?
Within 21 days of the decision being notified the applicant should submit in writing to the Tenancy Services Manager the reasons for appeal.
What happens to my appeal?
Firstly, it will go for the Tenancy Services Manager's Review who will consider the appeal and make a decision. The Tenancy Services Manager will investigate the appeal and inform the applicant of his decision within 28 days of the appeal being received.
If the applicant is still dissatisfied the official appeals form should be completed and returned to the Council within 28 days of receipt of the decision of the Tenancy Services Manager, referral will then be made to the Housing Review Panel.
A board of members selected from the Housing Review Panel will then deal with the appeal and will usually undertake to complete the appeal process within eight weeks.
A full report will be presented to the board including:
- A copy of the original decision giving details.
- A copy of the appeal request.
- A copy of the Council's reply, together with any subsequent correspondence.
- A copy of the applicant's written request to present their appeal to the Panel.
- Legal implications of the appeal.
- Any other information relevant to the appeal.
Where an appeal is granted the panel will confirm the priority the rehousing is given and the target against which the allocation will be made.
However, where the decision is confirming the original decision the authority must also notify the applicant of the reasons for its decision providing a full statement of such reasons.
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