1. Do I have grounds for a review?

You can have your application reviewed if your reason is:-

your eligibility for assistance;
the duty that we owe you;
our ceasing to provide accommodation under the main housing duty;
the conditions for a referral to another housing authority;
the actual referral of your application to another housing authority;
the duties owed to you if we intend or actually refer your application to another housing authority;
the suitability of the accommodation offered.

You cannot have your application reviewed if your reason is:-

we did not provide you with interim accommodation, or accommodation pending the outcome of a review or appeal;
we did not extend the minimum period for which accommodation was provided under the main duty;
we did not protect your belongings;
we did not extend the time limits for seeking a review.

2. Who will review the decision?

The Council's Homelessness Review Panel will review your case. This Panel is made up of Councillors and the Chief Executive. No Officer involved in the original determination will be on this Panel.

3. How do I request a review?

You must write to the Administration Officer or Housing Officer, Council of the Isles of Scilly, Town Hall, St Mary's, Isles of Scilly, TR21 0LW within 21 days of receiving our decision.

4. What happens then?

We will ask you if you or your representative would like to make any further written comments to the Homelessness Review Panel. If you would like to do so, you must send them within 7 days of our request.

The Review Panel will then consider any written comments made and will review the decision based on the facts known at that time. The review must be completed within 8 weeks of your request for a review unless the Panel require further time in which case this can only be done with your written agreement.

5. Will I be able to speak directly to the Review Panel?

No, not at this stage unless invited to do so.

6. What will the Review Panel do next?

A written decision will be given on all cases reviewed.

If the Review Panel accepts the original decision was NOT justified but still intends giving a decision which is to your disadvantage, on one or more issues, you or someone acting on your behalf can be heard in person at an oral hearing.

If this option applies and you would like an oral hearing, then you must write back within 7 days.

7. What will happen at an oral hearing?

The hearing will be informal. We will tell you where and when it is to take place.

The Review Panel will listen carefully to what you have to say. Anything that you have to say will be taken into account prior to the decision being made.

8. When will I be told of the outcome of the review?

We will write to you within 8 weeks of the date on which you requested the original decision to be reviewed.

9. Will I be able to request a further review of the same decision?

No. But if the decision is to your disadvantage, the Review Panel must give reasons. You will also be told about your right to appeal to the County Court on a point of law and the time limits for doing this.

10. where can I get independent help and advice about the review procedure?

Any of the following should be able to provide you with independent help/advice.

Penwith Citizens Advice Bureau

St John's House,
Alverton Street,
Penzance
Tel: 01736 3654383

Shelter

Cornwall Advice Centre Tel: 01209 314844
National Advices Line 0808 8004444

Solicitors

A list of local solicitors can be found in the yellow pages telephone directory.