When is the deadline for accommodation pending a section 204 appeal?
The catalogue records a 21 days period from Notification of the review decision; the power covers the 21-day appeal period and then the appeal itself. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- Notification of the review decision; the power covers the 21-day appeal period and then the appeal itself
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- This is a power, not a duty: the operative word is "may". The authority must nonetheless exercise it lawfully, weighing the merits of the proposed appeal, the consequences for the applicant of not being accommodated, and any new material. A refusal is not reviewable under section 202 and cannot be appealed under section 204; the only route is a section 204A appeal. Request the exercise of the section 204(4) power in writing at or before the point of filing the appeal and press for a decision, because a section 204A appeal needs a decision to bite on.
- The reference to section 199A was inserted by the Homelessness Reduction Act 2017, s 5(11), from 3 April 2018. Note the precondition: the authority must have BEEN under a duty under section 188, 190, 199A or 200. Where accommodation was being provided under a different power there is no section 204(4) power to exercise. Section 188(3) makes the same point for the interim duty,