Until there s a home for everyone CIH Allocations, Lettings and Homelessness Conference 2015 Workshop B3 Joint working to prevent homelessness and to meet discharge duties Deborah Garvie Senior Policy Officer deborahg@shelter.org.uk Wednesday, 1 10 December 2014
THE FOUR LEGAL STEPS TO REHOUSING FOR HOMELESS PEOPLE Are you in priority need for assistance? Are you intentionally homeless? Are you eligible for assistance? Do you meet the definition of homelessness? Local housing authorities decide whether you meet the four tests which entitle you to be rehoused. Their decisions can be challenged. 2
Broad statutory definition Someone is homeless if: They have no accommodation that they are entitled to occupy; They have accommodation but can t secure entry to it or have nowhere to put it (in case of a caravan or boat) They have accommodation but it is unreasonable to occupy it (because of cost, disrepair or overcrowding). They are likely to become homeless within 28 days (threatened with homelessness). In 1977, Shelter argued that to consider only those accommodated temporarily by the local authority as homeless was to ignore the true dimensions of the problem; and that the first step towards tackling the problem was to face the full facts. Many people covered by this broad definition will not be roofless they will be staying with friends, in hostels or B&Bs, or facing eviction from rented accommodation 3
Eligibility for assistance Persons subject to immigration control are not eligible for assistance except for: People with refugee status (Class A) People with exceptional leave to remain (Class B) People with indefinite leave to remain (except where a sponsorship undertaking is current) (Class C) People with humanitarian leave (Class D) Certain (but very few) asylum seekers who applied for asylum before 2000 and are still awaiting a decision. From The Housing Act 1996 a long succession of legislation has prevented people subject to immigration control, and British and EEA nationals failing the habitual residence test, from being provided with homelessness assistance. Destitute asylum seekers are entitled to asylum support from the Borders and Immigration Agency. Other destitute immigrants can approach social services. 4
Priority need Not everyone is entitled to rehousing A household is in priority need for rehousing if they fall into the following classes: Pregnancy or dependent children Vulnerable as a result of old age, mental illness or handicap, physical disability or other special reason Emergency such as flood, fire or other disaster 16-17 year olds 18-20 year old care leavers Vulnerable as a result of leaving care, armed forces or prison Vulnerable as a result of violence or threats of violence People who don t pass the priority need test have a statutory entitlement to advice and assistance but this often amounts to nothing more than a list of private landlords (Crisis: Turned Away: the treatment of single homeless people 2013) Single homeless people are largely excluded from statutory entitlement to housing because vulnerable is difficult to prove ( Pereira test ) 5
Intentionally homeless A person becomes homeless intentionally if s/he: Deliberately does or fails to do anything in consequence of which S/he ceases to occupy accommodation which is available for occupation And which would have been reasonable to continue to occupy Reasons people are found intentionally homeless are leaving a former home or being evicted for rent arrears or anti-social behaviour. People homeless due to benefit cuts should not be found intentionally homeless. It was added to the 1977 Act by a Conservative amendment. This is the most subjective and inconsistently applied test. Decisions are often overturned on review. 6
Statutory homelessness statistics In 2013 113,270 homelessness decisions were made. 53,150 households were accepted as being owed the full rehousing duty. 7
The homelessness safety net Local housing authorities have a duty to: Provide interim accommodation while they make enquiries, if they have reason to believe a household may be homeless. If they accept the full rehousing duty, provide accommodation at the time of the 1977 Act all rented housing was permanent rather than fixed-term. Offers were generally of social housing. Until an offer of settled housing can be made, provide temporary accommodation. Families with children can only be placed in B&B for a maximum of 6 weeks before being moved to self-contained TA. Since the Localism Act 2011 came into force, the duty to rehouse can be discharged with a Private Rented Sector Offer (PRSO) of a minimum 12 month tenancy. All offers of accommodation must be suitable for the household: Affordable B&B for no more than 6 weeks In a location that doesn t cause serious disruption Safe condition and fit landlord if PRSO 8
Statutory homelessness Households accepted by local authorities as owed a main duty each quarter, Q1 1998 to Q2 2014, England 9
Those who fall through the housing net Families with dependent children: Children Act 1989: Children can be threatened with being taken into care Families can be placed in B&B indefinitely Families from abroad can be offered a ticket back to their home country Women with dependent children who are victims of domestic violence can be assisted by womens refuges. Single homeless people: National Assistance Act 1948 (be replaced by the Care Act 2014): But this only applies to people in need of care and attention (e.g. help with daily functions) Single homeless people entitled to housing benefit can be assisted by street homeless charities with offers of: A bed in a night /cold weather shelter A room in a hostel A room in a shared flat or house Assisted lodgings 10
Homelessness Act 2002 Local housing authorities have a duty to: Carry out a homelessness review for their district; and Formulate and publish a homelessness strategy based on the results of that review. The purpose of this is to: Prevent homelessness in the district of the authority; Secure that accommodation is or will be available for people in the district who are or may become homeless; Provide support (advice, information and assistance) for people in the district (i) are or may become homeless; or (ii) who have been homeless and need support to prevent them becoming homeless again Social services authorities have a duty to: Give such assistance as the authority may reasonably require. Take the homelessness strategy for the district of a local housing authority into account in the exercise of their functions in relation to that district. 11
Until there s a home for everyone Thank you Any questions? Wednesday, 12 10 December 2014