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I am a homeless person and getting assistance from my local council. They made me a final offer to discharge their housing duty, but the offer was not suitable due to its bad physical condition. I refused the offer and asked for a review. They upheld their decision to discharge their duty in the review. I need to make an out of time appeal against the decision of local authority in county court. I want to ask that which forms (forms number) I need to submit in the county court to initiate the proceedings under section 204 of the Housing Act 1996?
Hello my name is ***** ***** I will help you with this.
For now please let me know what type of proceedings are you considering, is it Judicial Review?
Have you taken any other steps save for the appeal yet please?
Hi, when I requested a review under s202 of the Housing Act 1996, Council upheld its decision that its duty to rehouse us is discharged. Then I was given 21 days to appeal against the decision of review in the County Court. I submitted an appeal by submitting just Appellant's notice N161 along with grounds of appeal and skeleton argument. After that I never heard anything back from the court. Recently I visited the County Court to ask about my appeal and shown them my copy documents, I was then told that I used the wrong form to initiate the proceedings against the Local Borough Council.
Yes you have. Let me just get the right form
I now have to resubmit my case under section 204 , Practice Direction 52D para 28.1
It is this form: N208
As I have already submitted Appellant's Notice N161 within 21 days time limit, will my appeal be considered out of time? if yes, then is there any other form I need to use for permission to appeal?
No you should be ok - because it was a technical error - you had actually submitted it within 21 days albeit the wrong form
You don't need to ask for permission at this stage and in any event it would be granted because you complied initially with the time limit
Can I clarify anything for you about this today please?
When I submit this claim form, do I need to pay the full court fee as I have previously paid it when I submitted the N161.
No, you can just say that you already paid the Court fee, but I would go down to the Court and explain
If the appeal was never issued then you wont have to pay again
Do I need to prepare another 3 sets of document bundle with this form or the Court will locate those previously submitted form? If that can be done, do I need to include a covering letter?
Just file the Form N208, complete any witness statement or evidence. produce 3 copies and then include a covering letter if you are not going to hand them at court yourself
Ok, thank you so much for your help. I really appreciate it.
Can I help with anything else today?
No I am done. Many thanks.