Homelessness Policy and Procedure

ACCOMMODATION

This chapter sets out this Council's accommodation duties towards applicants who are homeless or threatened with homelessness and guidance on how the duties are fulfilled. When securing accommodation for applicants the priority is to minimise the risk of homelessness recurring. This is not only in the interests of the applicant, who should be able to establish, or re-establish, a settled way of life, but also in our interests, as repeated applications give rise to additional administrative costs.

Accordingly, when making accommodation available, we should always seek to secure long-term solutions to homelessness. This should include consideration of the wide range of factors which may impact on resettlement — in particular the household's requirements in terms of proximity to family and friends and the accessibility of healthcare, employment, education and training and support providers. It should be noted however that a realistic position should be reached in conjunction with families over availability of stock.

Local Authority Accommodation Duties

This Council has a range of accommodation duties under the homelessness legislation and these are described below.

Interim Duty To Accommodate (section 29 of the 1987 Act)

If there is reason to believe an applicant is homeless there is an interim duty to secure accommodation until a final decision has been reached on an application. This duty continues during the process of review if one is requested.

If the decision is that there is a duty to provide accommodation under section 31 the interim duty continues until the section 31 duty is discharged. Scottish Ministers have the power to specify by statutory instrument accommodation, which cannot be used to fulfil this interim duty.

Where a decision is taken to refer an application to another local authority on the basis of local connection, the referring authority is obliged, under section 34, to secure that accommodation is available for the applicant's occupation until the outcome of the referral is decided. Staff should bear in mind the possibility that transitional arrangements may be required when this duty expires (e.g. where the conditions for referral are satisfied but the notified authority has not yet provided accommodation or where the conditions are not accepted but the notifying authority does not have permanent accommodation available immediately). When receiving authorities accept a full duty to an applicant and there are issues around the continued provision of temporary accommodation this should be discussed with the Homeless Service Manager.

Temporary Accommodation with advice and assistance (section 31(3))

Where the applicant is assessed as not having a priority need for accommodation or as being intentionally homeless, the duty is to secure that accommodation is made available for such a period as will give the applicant a reasonable opportunity to find alternative accommodation for him or herself.

These applicants must also be given advice and assistance in their attempts to find alternative accommodation, as set out in the Homeless Persons Advice and Assistance (Scotland) Regulations 2002.

Discharge of temporary accommodation duty

A 'reasonable opportunity', should be assessed in terms of the circumstances of the applicant, including consideration of factors (such as disability, addiction, mental health problems, chaotic lifestyle) which may adversely affect their ability to secure accommodation; and also local housing conditions including how readily alternative accommodation is available in the area. Cognisance should be taken of the view and work of Tenancy Support staff at this juncture.

In any situation where this Council has provided advice and assistance which takes account of the availability of alternative accommodation, and takes account of the circumstances of the applicant, but no reasonable options have been identified, the applicant cannot then be deemed to have had a 'reasonable opportunity' of securing accommodation. The duty to provide accommodation therefore continues in this instance. All cases that come into this category should be discussed timeously with the Homeless Service Manager.

Where an applicant has a reasonable opportunity to secure accommodation and fails to take this opportunity the duty to provide accommodation ends. If the applicant then re-applies and is assessed again as homeless but not in priority need, or in priority need but intentionally homeless, staff should assess whether the 'reasonable opportunity' afforded to the person is still valid and relevant to the applicant's circumstances.

In cases where the applicant's circumstances have materially changed, or where the advice and assistance is no longer relevant or current, then we will be obliged to accommodate them for a further period which is considered will give a reasonable opportunity of securing accommodation. Conversely, if the applicant's circumstances have not materially changed, and the advice and assistance previously offered remains the most up-to-date and relevant possible, then it could be deemed we have discharged our duty.

Permanent accommodation (section 31(2) of the 1987 Act)

The 2001 Act amended the 1987 Act to clarify that where the applicant is assessed as having a priority need for accommodation and unintentionally homeless Council's have a duty to secure the provision of permanent accommodation. This removes the position established in the case of R v London Borough of Brent ex parte Awua (the 'Awua judgement') where the House of Lords had decided the accommodation did not need to be permanent or settled.

Permanent accommodation is defined by section 31(5)(a) and (b) as accommodation secured by a Scottish Secure Tenancy or, in the private sector, by an assured tenancy which is not a short assured tenancy. Section 31(5)(c) allows for the provision of a short Scottish Secure Tenancy where a member of the applicant's household is subject to an ASBO or where an order for repossession has been made against the prospective tenant(s), within the past 3 years, on grounds of anti-social behaviour or illegal/immoral activity.

Interim Accommodation

South Ayrshire Council can provide accommodation other than permanent accommodation in the circumstances prescribed by The Homeless Person Interim Accommodation (Scotland) Regulations 2002. These circumstances are:

a) a housing support services assessment for an applicant has concluded that the applicant or any other person residing with that applicant requires housing support services which cannot reasonably be provided within permanent accommodation; and

(b) as a result of that housing support services assessment, the local authority is providing an applicant or any person residing with that applicant with interim accommodation together with housing support services in connection with that interim accommodation which include-

(i) all services required in terms of the housing support services assessment;
(ii) access to independent advocacy and information services in connection with the services;

(iii) a timetable, agreed with the applicant, for the provision of the interim accommodation and housing support services;

(iv) an end or review date for the provision of services and interim accommodation, which date shall not be later than a date six months from the date on which the interim accommodation was first provided;

(v) a written record of the housing support services assessment, the services that are to be provided and the timetable; and

(vi) a mechanism to monitor the use of interim accommodation and the long-term outcomes for each applicant.

Staff should ensure that the individual circumstances of the applicant are examined on a case by case basis and that the regulations are not invoked automatically for certain categories of applicants (e.g. young people or people with learning difficulties).

Threatened with homelessness (section 32(2) of the 1987 Act)

Where an applicant is still in accommodation but is assessed as being unintentionally threatened with homelessness and in priority need, we have a duty under to ensure that accommodation does not cease to be available for occupation.

If it is not possible to prevent the loss of the accommodation, staff must ensure that other housing becomes available. Unless there is a change of circumstances the household will still be in priority need and unintentionally homeless and therefore this accommodation should be provided on a permanent basis.

Provision of accommodation

Temporary and interim accommodation

Homeless people should not be placed in temporary accommodation unnecessarily, and their time there should be as short as possible. Care should also be taken to avoid moves between temporary placements particularly for households with children. Moves are disruptive, and can exacerbate existing social or health problems including mental illness, hinder continuity of education and employment, can lead to repeat homelessness and in the worst cases can cause families to split up. This is especially true where children are involved. Joint work between housing, education and social work services also ensures that children need not be unnecessarily displaced from their school. A budget exists that ensures this need not happen and this is co-ordinated by the Homeless Section. It should also be noted that a referral to Barnardo's Family Service should be made for any child who comes into the homeless system. An individual support worker will be offered for that child.

However, it is recognised that homeless people will often need to be accommodated in temporary accommodation until permanent accommodation becomes available; or in interim accommodation for the purposes of providing support which will enable them to sustain a tenancy in the long term.

In all cases the ultimate aim should be to move residents of temporary or interim accommodation on to permanent accommodation, as quickly as possible whilst also ensuring that this is only done at a time when the household is able to sustain permanent accommodation. The objective should be to enable people to have a home of their own which meets their needs, and enables them to live independently. Care should be taken to provide for the particular needs of families, young people and groups who currently find it difficult to access or sustain any form of accommodation — such as people with problematic alcohol or drug use, people with mental health problems and people with challenging behaviour.

Standards

The general standard of the Council's temporary accommodation is very high and holds comparison with the vast majority of temporary accommodation provision in other parts of Scotland.

If there are sufficient, justifiable complaints about any accommodation then the Temporary Accommodation Manager will take the appropriate action. In addition to this random inspections are carried out on any B&B establishment that we use. Other regular checks take place on the other forms of interim/temporary accommodation we use. These are carried out by Accommodation staff, Hostel staff or Tenancy Support staff.

Tenancy Type

A house let expressly on a temporary basis to fulfil a Local Authority's duties under part 11 of the 1987 Act will not constitute a secure. Therefore, a homeless person provided with temporary accommodation under the homelessness legislation will not have security of tenure . (As per Section 44(4) and paragraph 5 of Schedule 2 to the Housing (Scotland) Act 1987, and section 12(1) of and paragraph 11A of Schedule 4 to the Housing (Scotland) Act 1988).

HOMELESS APPLICANTS IN TEMPORARY ACCOMMODATION

Although it is very much the exception, there are occasions on which an applicant who has been provided with temporary accommodation either declines to conform to an acceptable standard of behaviour or simply vacates it. The action to be taken will depend on whether a decision on the applicant's eligibility for permanent housing has been taken.

A. Prior to a decision being taken

In some cases, the applicant concerned will be in a bed-and-breakfast establishment. Where unacceptable behaviour is concerned, it is essential that the alleged incident should be immediately and thoroughly investigated. If the allegation is confirmed to the satisfaction of the Homeless Service Manager the applicant should, in the first instance, be advised verbally that the behaviour referred to must not be repeated. This should be confirmed in writing at the earliest possible opportunity. The letter should also state that if there are any additional incidents of a similar nature, their housing circumstances could be affected. In such instances, the proprietor of the bed-and-breakfast establishment may refuse to allow the applicant to continue in residence. If this was the case, an alternative establishment should be found.

If the applicant then repeats the conduct, or, otherwise seriously breaks the rules of the establishment concerned, the applicant should be issued with a written warning, detailing the alleged incident and warning them of their future conduct. Again, in such instances, where the applicant is still in B&B, the proprietor may refuse to allow the applicant to continue in residence. If this was the case an alternative establishment should be found. If the applicant then repeats similar conduct, or otherwise breaks the rules of the establishment concerned, the applicant should be issued with a Final Written warning, which would again detail the reasons for the warning and would clearly set out the seriousness of the situation.

Communication and consultation should be taking place throughout this escalation process with the applicant and any other agency, individual or department who have a responsibility or contact with them. Once the applicant reaches the Final Written warning stage a formal meeting should be initiated with the applicant and all relevant parties. In practice this could be Throughcare, Social Work, Housing, Barnardo's, Tenancy Support Service, Bridge project etc. and everyone, especially the applicant(s), should be left in no doubt that any further indiscretions will result in the withdrawal of temporary accommodation and no further assistance being provided.

In certain circumstances the Homeless Service Manager would make the decision as to what level of warning would be issued. It is important to recognise that within this escalation process there must be a degree of discretion. Assaulting a member of staff or dealing in drugs from temporary accommodation would be two examples of where an applicant's housing circumstances would be seriously affected, regardless of whether any previous warning had been issued.

Where the applicant has left bed-and-breakfast without informing the Homeless Section, and appears either to have found alternative accommodation elsewhere or to have no intention of returning, he/she should be informed in writing that the Council has fulfilled its obligation with regard to the provision of temporary accommodation and will provide no further assistance in terms of permanent accommodation. However, it should be noted that it would not be reasonable to adopt this stance if the period of absence was a 'one-off' occurrence for one or two days, or was by prior arrangement with the Homeless Section.

It should be noted that the applicant's conduct in bed-and-breakfast, or other temporary accommodation, should have no bearing on the decision which is to be made. In other words, even if an applicant is removed from temporary accommodation because of his/her misconduct, the Council would still have a legal duty to give the applicant its written decision on the applicant's eligibility for permanent housing and, in making that decision, must not take the misconduct into account.

B. After a decision has been made

The legal position aftera decision has been taken is different. In these circumstances, if the applicant consistently refused to conform to the rules of the establishment concerned, or, had left it, further assistance in terms of temporary accommodation could be withdrawn and the Council may have then fulfilled its obligation. This, of course, should only be done if the steps outlined in 'A' above, regarding investigation and the warning procedures, had been taken.

It is important to bear in mind that applicants in these circumstances are not, in terms of the 1987 Act, intentionally homeless and this phrase should not be used in any letter issued. The reason that no further assistance is to be provided is that the Council has fulfilled its obligation by arranging for accommodation to be available, even though that accommodation is of a temporary nature.

It is essential that, as with any decision, it is given to the applicant in writing. Recognition should be given that the Council may still have duties to applicants and their families in respect of the Children (Scotland) Act 1995 even when temporary accommodation is withdrawn or an intentionally homeless decision is taken.

ALLOCATION OF TEMPORARY ACCOMMODATION

In normal circumstances the applicant shall be accommodated, initially, in Aberley House, Direct Access Facility, or failing that, bed and breakfast accommodation. However, in special circumstances people may be accommodated in temporary furnished accommodation or Hostel accommodation, depending on their individual needs. Young homeless applicants accommodation and support requirements are subject to a referral system to the Youth Housing Support Group. This is dealt with in more detail in the next chapter on 'Young Homeless'.

The Interviewing Officer will telephone Aberley House, or if this is full, other bed and breakfast establishments to arrange accommodation for the applicant. Aberley House should always be given priority. Nevertheless other establishments which have made an application for anHMOLicence should be given priority over others who have not. At present there is a list of establishments in each area office and at the Homeless Section. On occasion the Interviewing Officer will use Yellow Pages or the Tourist Information Guide, when absolutely necessary.

The Interviewing Officer will explain that this accommodation is temporary and their application is still being assessed. A standard letter to this effect would be sent to the applicant. The applicant would also be told of their financial responsibilities and also the obligation to follow the rules of the particular establishment.

The system tends to operate, at present, on date order with people moving from Aberley House or bed and breakfast to hostel to temporary furnished and then to permanent accommodation. At present there are no time limits set on the length of stay in any one type of accommodation. When large families present as homeless and are initially accommodated in a B&B it is inappropriate from both a good practice and a financial perspective for them to remain there indefinitely. Priority should be given to move them on as quickly as possible and staff should be aware that keeping any family with children in a B&B for longer than fourteen days would amount to a breach of a statutory instrument. If a family has been in a B&B for more than one week, this should be discussed with the Temporary Accommodation Manager and the Homeless Service Manager.

Pre-tenancy Counselling

If necessary applicants can be accompanied to the accommodation provided by a Tenancy Support Worker who will explain the homeless process more fully to them and also signpost them to where key supports/agencies are situated.

It is important that the staffact as facilitators in ensuring that applicants in temporary accommodation receive as much assistance as possible and also feeds any relevant information back to interested parties. This will normally entail liasing with the appropriate Tenancy Support Worker to ensure that applicants receive the best possible supports.

Creation of Tenancy

A standard letter should be given or sent to the applicant giving details of the tenancy. The tenancy will be on a temporary basis.

Housing Benefit

The caseworker should ensure that the applicant has access to trained assistance on Housing Benefit. It is particularly important that a Housing Benefit form is completed at the time of the homeless interview.

If someone with Housing Benefit expertise is not available at the time of the interview then the applicant shall be given an appointment to return to the office. No-one should be kept waiting longer than 2 hours. All Homeless Interviewing Officers should be fully conversant with Housing Benefit in order that the one person is dealing with the applicant.

The Housing Benefit form will be completed and the applicant will be told that (s)he will be expected to pay all the accommodation costs, some of the accommodation costs, no accommodation costs but a service charge.

The Homeless Interviewing Officer will return, where necessary, and ensure the applicant fully understands the decision made.