Homelessness Policy and Procedure

STATUTORY NOTIFICATION

Local authorities have a duty under the Homelessness Legislation to notify applicants of decisions on their applications, giving reasons for decisions. The Code of Guidance states that local authorities should give reasons for all decisions in writing as well as verbally, in a clear and easily understood manner. Ideally, this should be done within three working days of the completion of enquiries. Notification should also include details of the Authority's obligations to the applicant as a result of the decision. The applicant's ability to have the decision reviewed should also be included. Advice should be included where the authority is not responsible for re-housing the applicant.

Actions / Procedures

Detail all relevant decisions and reasons for them in appropriate standard letter. The letter should be sent within 28 days of the initial interview and upon receipt of all relevant information and should inform the applicant of the following decisions:-

Whether the applicant is homeless or threatened with homelessness within 2 months.
If applicant is homeless – does he/she have a priority need.
If applicant is in priority need, whether he/she is deemed to have become homeless or threatened with homelessness intentionally.
Whether South Ayrshire Council has notified or intends to notify another Authority, of the application because it believes that the applicant has a local connection with that particular Authority and not with South Ayrshire.
However, if an applicant is not homeless, or threatened with homelessness, there is no need to mention whether or not he/she has a priority need, is intentionally homeless or has a local connection with South Ayrshire. Likewise if an applicant does not have a priority need, there is no necessity to mention whether or not he/she is intentionally homeless or has a local connection with South Ayrshire.

The decision letter should include:

Set out clearly your decision as to whether or not the applicant is:
Homeless
Priority need
Intentionally homeless
Set out whether or not you have investigated local connection and if so whether or not you intend to refer the applicant to another authority
Provide clear reasons for your decision including matters which you took into account
Explain what happens next and any actions that the applicant is required to take
Inform the applicant of their right to request a review of your decision, including review of the accommodation offered
Set out clearly the procedures for review including likely timescales
Provide details of where the applicant can access further advice or information, including Ayr Housing Aid Centre for independent advice
Provide full contact details for the applicant to use if they wish to discuss anything in your letter
Check that the letter is in a form which is accessible and understandable to the applicant

There are also cases where the Council may not have a legal duty to provide permanent accommodation, but might have certain lesser legal duties. In these cases, the letter should specify precisely what these duties are. For example if an applicant was homeless and had a priority need but was intentionally homeless, he/she would be entitled to temporary accommodation for a reasonable period of time and should be notified accordingly.

Where contact with the applicant is lost, a copy of the letter should be held on file and will be available upon request.

Notification also applies even if temporary accommodation has been withdrawn due to the applicant's misconduct.

In these cases, prior to a decision being taken, if there are children involved or the applicant is 16 to 21 years old, contact with Social Work and or the Throughcare Team should be made.