Forum Home → Discussion → Housing costs → Thread
DHP, right of appeal yes or no
Help please, I always though a DHP refusal by a local authority could be appealed to the Valuatoin Tribunal , my LA says not, are they correct ?
[ Edited: 17 Aug 2021 at 03:10 pm by Diogenes ]Because it’s a discretionary payment, as far as I know it carries no appeal rights.
https://www.gov.uk/government/publications/discretionary-housing-payments-guidance-manual/discretionary-housing-payments-guidance-manual
see para 8.1
They are probably thinking of s13A LGFA. There is no right of appeal against a DHP refusal and never has been. It would only be possible to challenge a decision by JR
Whereas there is definitely no right of appeal against a decision refusing a DHP. it is still worthwhile asking the LA to look at their decision again, and provide reasons why the decision should be revised.
As per Ruth’s post see: -
When can a DHP decision be reviewed?
8.1. The LA can review a DHP decision in the event of a dispute or where the claimant asks for a re-consideration. A decision on a DHP does not carry a right of appeal to a Social Security Tribunal. The route of judicial review is available; and a complaint may be made to the Local Government and Social Care Ombudsman if there is an allegation of maladministration.
8.2. There is flexibility in how you apply any dispute or re-consideration process. The decision may be looked at again in the light of representations made by the claimant (in whatever form you decide) or whenever you consider it appropriate.
8.3. You may also review a DHP decision in the event of a dispute either at the time of the initial rejection or following a cancellation or recovery.
8.4. LAs may consider that a review may be appropriate in other circumstances but should be consistent in any approach.