Homelessness Policy and Procedure

APPLICATIONS FROM PERSONS FORMERLY RESIDENT OUTWITH THE UNITED KINGDOM

In general, if an applicant has no local connection with any authority in the United Kingdom then the duty to provide permanent accommodation would be with the authority to which he/she applies.

However, it should be noted that the precise duty will depend on the applicant's nationality:

A. European Community Nationals

Applicants in this category must be treated in exactlythe same way as United kingdom nationals. An applicant in this category will be entitled to permanent accommodation, provided, of course, he/she is homeless, has a priority need and is not intentionally homeless. It should, however, be noted that it is legally possible for an authority to fulfil its duty by arranging for accommodation in the country from which the applicant had come if this is 'reasonable'. It should also be noted that applicants from any of the 12 new member states have no legal right to make a homeless presentation.

B. Non-European Community Nationals

There are two different categories here:

Legal Immigrants: An applicant in this category will be entitled to permanent accommodation, provided, of course, he/she is homeless, has a priority need and is not intentionally homeless. It should, however, be noted that it is legally possible for an authority to fulfil its duty by arranging for accommodation in the country from which the applicant had come if this is 'reasonable'.

In cases of this nature (which includes asylum seekers) there will always be some doubt about the applicant's legal status in this country. Therefore, only temporary accommodation should be provided until the position regarding residence is clear.
Illegal Immigrants: South Ayrshire Council are under no legal duty to provide either temporary or permanent accommodation, or advice and assistance, to persons living in this country without the legal right to do so. This is because - to use the legal terminology - they are not 'persons' in terms of the legislation.

Circumstances in which a referral should not be made

An applicant cannot be referred to another local authority if there is a risk of domestic abuse, to either the applicant or anyone who might reasonably be expected to reside with him or her (section 33(2)©) in that other local authority's area. Domestic abuse follows the definition in the Protection from Abuse (Scotland) Act 2001 which sets out that 'abuse' includes violence, harassment, threatening conduct, and any other conduct giving rise, or likely to give rise, to physical or mental injury, fear, alarm or distress. A person is at risk of abuse if that person runs the risk of abuse from someone with whom they would otherwise reasonably be expected to reside, or with whom they formerly reside.

It is important to recognise that there may well be a duty for the Local Authority to provide advice, assistance and /or accommodation to a young person aged 16 or 17 who may not automatically be accommodated under homeless legislation. In these circumstances where the young person expresses a clear wish to remain in South Ayrshire and not return to the area where they have a local connection, the case should be referred to the Youth Housing Support Group (Youth Housing Support Group).

THE PROCEDURES FOR MAKING A NOTIFICATION

The procedures provide for a person to be nominated in each authority who has responsibility for making a decision about applications notified by another authority. This person should be identified and notified, in the first instance by telephone, that a referral is being made. The referral should then be confirmed in writing at the earliest possible opportunity, with the letter giving full details of the applicant's circumstances. Until the conditions for a referral are met it is the duty of the 'notifying' authority (that is, the authority to which the application was originally made) to provide temporary accommodation. When these conditions are met, the duty to provide temporary and, ultimately, permanent accommodation passes to the 'notified' authority. It is also a requirement that no referral is made until the notifying authority has completed its investigations. When agreement has been reached between the two authorities, the duty to inform the applicant rests with the notifying authority. This decision must be given in writing and should provide a full explanation.

NOTE: The nominated person for local connection referrals in South Ayrshire Council is the Homeless Service Manager.

WHAT IF AGREEMENT CANNOT BE REACHED ON A REFERRAL?

If South Ayrshire and the other authority concerned cannot reach agreement on a referral within 21 days of the date of receipt of notification, there is the option of arbitration by an independent referee. However, this mechanism should not be activated without consulting the Homeless Service Manager.

WHAT EVIDENCE SHOULD BE SOUGHT?

A. 'Normal' Residence

For tenants, a copy of the lease, or licence. In the case of owner-occupiers, sight of the title deeds or mortgage agreement with the mortgagor. Where such legal documents were not available, a letter from a solicitor or an official body would suffice. For lodgers, and persons resident with parents or relatives, a letter from the owner or the tenant of the property is required. Wherever possible, the electoral register or Council Tax documentation should also be checked.

B. Employed in the area.

A letter from the applicant's employer.

C. Family associations

The birth certificates of both the applicant and the person who is 'giving' the local connection must be seen. A check should also be made that the relative concerned has actually been resident in South Ayrshire for the past five years.

Powers to modify use of local connection - to ensure homeless people have as much choice as possible, including choice in respect of the Council to which they apply - were introduced under the 2003 Act but have not been commenced at this time. A research project has been commissioned to consider options for the use of the power, possible impacts and implications and monitoring mechanisms.