Final Offer of Accommodation in Discharge of main housing duty owed under s193(2) Part 7 Housing Act (as amended)
Section 193 basically outlines the duty you were accepted under which in this case is the Duty to persons with priority need who are not homeless intentionally.
Later in the letter, the council will normally mention Part 6 and duty to discharge, the act mentions the following “The local housing authority shall also cease to be subject to the duty under this section if the applicant, having been informed of the possible consequence of refusal and of his right to request a review of the suitability of the accommodation, refuses a final offer of accommodation under Part 6.”
You will notice at the top of the letter it states as amended, this is because our legal system is not set its fluid, people like yourselves take injustices to courts and tribunals in order to challenge case law and this has happened time and time again. The council are then legally obliged to make relevant changes or face legal action and a challenge by an appellant.
The Localism Act 2011
gained royal assent and became law in 2011, this legislation set our new powers for local authorities which did have an impact locally, we have seen a recent Housing Allocation Policy Enacted in 2017.
166 A Allocation in accordance with allocation scheme: England of the localism act states:
(1) Every local housing authority in England must have a scheme (their “allocation scheme”) for determining priorities, and as to the procedure to be followed, in allocating housing accommodation.
For this purpose “procedure” includes all aspects of the allocation process, including the persons or descriptions of persons by whom decisions are taken.
(2) The scheme must include a statement of the authority’s policy on offering people who are to be allocated housing accommodation—
(a) a choice of housing accommodation; or
(b) the opportunity to express preferences about the housing accommodation to be allocated to them.
(3) As regards priorities, the scheme shall, subject to subsection (4), be framed so as to secure that reasonable preference is given to—
(a) people who are homeless (within the meaning of Part 7);
(b) people who are owed a duty by any local housing authority under section 190(2), 193(2) or 195(2) (or under section 65(2) or 68(2) of the Housing Act 1985) or who are occupying accommodation secured by any such authority under section 192(3);
(c) people occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions;
(d ) people who need to move on medical or welfare grounds (including any grounds relating to a disability); and
(9) The scheme must be framed so as to secure that an applicant for an allocation of housing accommodation—
(b) has the right to request the authority to inform him of any decision about the facts of his case which is likely to be, or has been, taken into account in considering whether to allocate housing accommodation to him; and
(c) has the right to request a review of a decision mentioned in paragraph (b), or in section 160ZA(9), and to be informed of the decision on the review and the grounds for it.
(10) As regards the procedure to be followed, the scheme must be framed in accordance with such principles as the Secretary of State may prescribe by regulations.
(11) Subject to the above provisions, and to any regulations made under them, the authority may decide on what principles the scheme is to be framed.
(12) A local housing authority in England must, in preparing or modifying their allocation scheme, have regard to
(a) their current homelessness strategy under section 1 of the Homelessness Act 2002,
(b) their current tenancy strategy under section 150 of the Localism Act 2011, and
(14) A local housing authority in England shall not allocate housing accommodation except in accordance with their allocation scheme.”