Failure by a local authority to take account of relevant factors when deciding a DHP application

Use this template if all the following apply

Your client: 

• is under 35 years old and is subject to the Shared Accommodation Rate of Local Housing Allowance (LHAs)
• cannot afford their rent and is at imminent risk of homelessness
• has applied for a DHP and been refused
• has mental health disability (letter assumes also physical but this can be edited out) which would make shared accommodation unsuitable
• is appealing a PIP decision that refused them PIP
• when PIP is awarded they will be able to afford their rent, and
• the local authority’s dispute resolution has already been tried.

This template assumes your client is in receipt of Universal Credit (UC) which includes the Limited Capability for Work Related Activity Element. You can change this when you use the template.

When not to use

Do not use this template if:

Your client has not already sought a review of the decision to refuse them DHP or has not allowed a reasonable time for the local authority to respond to their review request.

The main legal arguments in this template are:

• While the Discretionary Financial Assistance Regulations 2001 place some limitations on the circumstances in which a DHP can be awarded, in all other cases local authorities (“LAs") are given a wide discretion to decide whether to award DHP and how much, but that discretion must be exercised in accordance with public law principles.
• DWP Guidance suggests factors which should be taken into account in deciding DHP applications and makes clear “each case must be considered on its own individual merits”. There is a public law duty to follow published guidance, and to exercise discretion in consideration of relevant factors and not in consideration of irrelevant factors.
• These duties appear to have been breached if a claimant who has an upcoming PIP appeal which will exempt them from the shared accommodation rate, lower than average rent such that if they moved they would need to apply for more DHP, and mental health evidence stating moving to shared accommodation would be inappropriate is refused DHP.
• This template further argues disability discrimination. 

Information about your client

• name
• national insurance number (NINO)
• address
• date of birth

Background facts relating to your client

• age
• their private landlord's details
• income details confirm receipt of UC
• condition(s) relating to mental and/or physical disability
• bills/expenses (monthly rent, food, electricity, travel expenses etc)
• rent arrears and details of any possession action started

Information relating to the decision(s)

• confirm client has exhausted local authority’s dispute resolution scheme
• confirm PIP application has been refused and the reason
• medical evidence from client’s GP
• DHP application / reference
• reasons for refusal of DHP
• correspondence with local authority and/or the Housing Benefit Department
• the relevant local authority's policies/guidance regarding DHPs

We've created this guide to help you successfully use our judicial review pre-action letter templates: Guide to using CPAG's judicial review pre-action letter templates

Once you've finished your letter, please email it to us at: [email protected] before you send it to the lawyers acting for DWP/HMRC/your local authority. We'll try to reply as quickly as possible and will do so within 7 days.

If a DHP is refused because it has been requested on a long-term (rather than short-term basis) please get in touch, and see Halvai (R on the application of) v London Borough of Hammersmith and Fulham [2017] EWHC 802 (Admin) (9 March 2017).

If a DHP is refused because PIP/DLA has been taken into account as income, please get in touch (and include a copy of your local authority's DHP policy).

Contact [email protected]