Appeal a homeless decision

Following the outcome of your review, if you disagree with our decision, you have the right to appeal to the county court on a point of law under Section 204 of the Housing Act 1996.

This type of appeal can only be made on a point of law, which means you must show that the council applied the law incorrectly, failed to follow the correct procedure, or reached a decision that was legally unreasonable.

How to appeal

You must lodge your appeal with the county court within 21 days from the date you were notified of our review decision.

The court may allow a late appeal in limited circumstances, but you will need to explain why the deadline was missed, and the court will decide whether to accept it.

Because this process can be complex and requires an understanding of housing law, we strongly recommend that you seek specialist advice or representation.

You may wish to speak to a housing solicitor, a law centre, or an advice agency such as citizens advice or Shelter.

If you qualify for legal aid, your solicitor may be able to assist you at little or no cost.

About the appeal process

A Section 204 appeal is a legal process. It does not involve the court reconsidering your housing situation from scratch.

Instead, the judge will examine whether the council acted lawfully when making its decision.

The judge can:

  • Uphold the council’s decision (appeal dismissed).
  • Quash the decision and require the council to reconsider.
  • Substitute its own decision in limited circumstances.

If the council's decision is upheld, you may be able to appeal further to the Court of Appeal, but only with permission from the court.

Ombudsman support

You can also complain to the Local Goverment & Social Care Ombudsman if you think we have made a mistake in dealing with your application and this is the reason you have not found alternative accommodation, or we have caused you other problems.

The ombudsman cannot overturn a decision made by us on your homelessness application - find out more.