Estates Management Policy

Appeals Procedure

1. Lodging the Appeal

1.1 If an applicant remains dissatisfied with a decision taken at Department level, an appeal may be lodged in writing with the Head of Legal and Administration and will be heard by the Housing Appeals Board.

1.2 Appeals must be lodged within 7 working days from the date of receipt of the Department's decision.

1.3 Appeals will be heard, when practicable, within 21 days of the request for a Hearing.

2. Procedures Prior to the Hearing

2.1 Details of the procedures adopted by the Appeals Board will be supplied to the appellant including advice as to the right to be represented at the Hearing and to call witnesses, if necessary. This will be done as soon as possible after lodging the appeal.

2.2 Together with the written notification of lodgement of the appeal, the appellant or his/her representative should specify the grounds for the appeal and may include a brief statement of the case to be made, together with supporting documents.

2.3 The relevant Department's representative will be invited similarly to submit a brief statement of the case to be made, together with supporting documents.

2.4 If either side wishes to take advantage of the opportunity to submit a brief written statement, this should be submitted within 7 days of lodgement of the appeal.

2.5 At least 7 days notice of the hearing of the Appeals Board will be given. Such notice will include copies of any papers submitted by the parties.

If either side intends to submit or refer to any further documentary evidence, then this should be in the hands of the Head of Legal and Administration (or his appointee) no later than 3 days prior to the Hearing. The Head of Legal and Administration (or his appointee) will ensure, where practicable, copies are available at the Hearing and that parties are notified of the intention to submit or refer to this further documentary evidence.

3. Procedures at the Hearing

3.1 Procedures to be following at the Hearing before the Appeals Board is set out as follows:

There may be present at all times, the appellant, his/her representative; and the department's representative.

A person or persons acting in an advisory capacity only to the appellant, his/her representative or to the department's representative, may also be allowed to be present at the Hearing, provided such persons are made known to the Housing Appeals Board prior to the case commencing.

The appellant or the appellant's representative, will put forward its case in the presence of the department's representative and call such witnesses as may be required.

The department's representative will have the opportunity to ask question of witnesses called by the appellant.

The members of the Appeals Board will then have the opportunity to ask questions of the appellant's witnesses.

The appellant or appellant's representative will have the opportunity to ask further questions of the witness, to make points of elucidation arising from questions from the department's representative and members of the Appeals Board.

The department's representative, will put forward its case in the presence of the appellant and his/her representative and call such witnesses as may be required.

The appellant's representative or the appellant (if not represented) will have the opportunity to ask questions of witnesses called by the department.

The members of the Appeals Board will then have the opportunity to ask questions of the department's witnesses.

The department's representative will have the opportunity to ask further questions of the witness, to make points of elucidation arising from questions from the appellant's representative and members of the Appeals Board.

The department's representative and the appellant or his/her representative will have the opportunity, if they wish, to sum up their case, introducing no new material.

The department's representatives, the appellant and his/her representative, and any advisers if present, will then withdraw.

The Housing Appeals Board in the presence of the Officer appointed to assist the Board, will then deliberate in private, only recalling if necessary, the department's representatives, the appellant and his/her representative, to clarify points of uncertainty on evidence already given. If recall is necessary, both parties are to return notwithstanding only one is concerned with the point giving rise to doubt.

The Appeals Board will recall the department's representatives, the appellant and his/her representative and announce their decision on the appeal, which will be confirmed in writing.

Under the Council's Scheme of Delegations to Committees, the Housing Appeals Board is authorised to uphold or reject appeals or to order the varying of the action taken.

3.2 For the assistance of parties to the Hearing, a Procedure Note has been prepared and is attached. This Note is an abbreviated version of the detailed procedures set out in 3.1.

4. Procedures following the Hearing

4.1 The Head of Legal and Administration (or his appointee) will give to the parties written confirmation of the decision taken by the Appeals Board. This will be effected in writing within 5 working days of the Hearing at which the decision was taken.

4.2 An appellant will be entitled to written reasons for the decision by a request in writing to the Head of Legal and Administration within 10 working days of the notification of the decision.

4.3 If such a request is received, the written reasons will be given within 10 working days of the receipt of the request.