URGENT LETTER BEFORE CLAIM FOR JUDICIAL REVIEW - Application for Accommodation Not Secured - Interim Accommodation Not Provided

Sep 15, 2026

Urgent letter before claim sent to a council’s Head of Legal Services sets out an intended application for judicial review after the council fails to secure interim accommodation for a client. It alleges failure to undertake and notify an assessment of the client’s circumstances under the Housing Act 1996, including duties relating to inquiries and interim provision. The letter details the client’s homelessness, exclusion from accommodation, and lack of written confirmation or assessment outcomes.

LanguageEnglish

CategoryLetters

FormatPDF

Pages8

Reading Time3 min

AccessFree to download

Proposed claim for judicial review

Background

Facts

Law

URGENT LETTER BEFORE CLAIM FOR JUDICIAL REVIEW By first class post & email to [email address][Date] To: Head of Legal Services [Address of Council’s legal department] Dear Sirs Proposed claim for judicial review Our client: [Name] of [address] Application for accommodation under Part 7 of the Housing Act 1996 1. We are instructed by [Name] to act in this matter, and to issue judicial review proceedings. 2. The Council has failed to secure interim accommodation for our client, in accordance with section 188(1) of the 1996 Act. 3. The Council has failed to undertake and notify an assessment of our client’s circumstances, in accordance with section 189A(1) to (3) of the 1996 Act. 4. The only appropriate and lawful course is to immediately secure interim accommodation and make immediate arrangements for the assessment of our client’s circumstances. Background 5. Please refer to the previous correspondence from us in this matter dated [date], to which we have not received any substantive response, and which we enclose for your convenience. Facts 6. [Name] was, until [date], staying at the home of a friend [Name of licensor] at [address] . On [date][Name of licensor] asked our client to vacate. On [date] he was excluded. 7. On [date][Name] visited the authority’s offices at [address], whereupon he was spoke with a member of the authority’s Housing Options Team. [Name] provided a copy of his UK passport as evidence of his identity and nationality. He was asked to provide a letter from his friend confirming that he was required to vacate the accommodation at [address] . He was also advised that he did not have a local connection and that on this basis he should apply as homeless to [Name of Council] . 8. On [date] we forwarded a letter on [Name]’s behalf, together with a letter from his general practitioner dated [date] . 9. Our client is presently without any accommodation and homeless. He has spent the last two nights sleeping rough. 10. Our client visited your offices again this morning and was informed that no housing options appointment was available until [date] . His request for accommodation was refused. He was informed this was because [state reasons, e.g. he must first be interviewed and there were no appointment available until the aforementioned date] . 11. At no time has [Name] been provided with any written confirmation of how his request for assistance is being dealt with. It is unclear whether the authority has commenced inquiries under section 184(1) to determine what duty is owed to him under Part 7. 12. It is however clear that [Name] has requested accommodation or assistance in obtaining accommodation within the meaning of section 183(1) and section 184(1) of the 1996 Act, notwithstanding any view on the authority’s part that a homeless application has not been ‘taken’ or ‘accepted’. 13. At no time has [Name] been notified of the outcome of any assessment of his circumstances. Nor has he been asked to agree steps which the authority will take or agree steps that he must take, for the purpose of securing accommodation. Law 14. Section 183(1) provides: “The following provisions of this Part apply where a person applies to a local housing authority in England for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he is or may be homeless or threatened with homelessness.” 15. Section 184(1) provides: “If the local housing authority have reason to believe that an applicant may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves – (a) whether he is eligible for assistance, and (b) if so, whether any duty, and if so what duty, is owed to him under the following provisions of this Part.” 16. In R v Chiltern DC ex p Roberts (1991) 23 HLR 389, QBD it was held that the legislation does not require homeless applications to be made in any parti

FAQs

What is the purpose of this letter?

It is an urgent letter before claim outlining an intended application for judicial review based on the council’s alleged failures under the Housing Act 1996.

Which failures does the letter allege the council has made?

The letter alleges the council failed to secure interim accommodation and failed to undertake and notify an assessment of the client’s circumstances, as required by sections 188(1) and 189A(1) to (3).

What does the letter cite to support the client’s entitlement to action?

It cites duties relating to applications, inquiries, homelessness status, and interim accommodation under the Housing Act 1996, supported by case law and statutory guidance about how an application may be constituted.

Sep 15, 2026

Uploaded by Sophia Brooks