Homelessness Policy and Procedure

PERMANENT HOUSING

Offer

Permanent accommodation

Section 32(5) states that a local authority cannot fulfil its accommodation duties to a homeless household through the provision of accommodation which is overcrowded within the meaning of section 135, may endanger the health of the occupants, does not meet any special needs of the household or is not reasonable for the applicant to occupy.

Under section 32(8) of the 1987 Act any accommodation provided must be suitable for occupation by any children in the household so far as is consistent with their best interests.

South Ayrshire's' duty to secure accommodation for unintentionally homeless people in priority need would be fulfilled by a single offer of housing, even if this is refused by the applicant, provided that the offer was a reasonable one.

Determining a reasonable offer

In general account should be given to the importance of offering homeless people a genuine choice of accommodation, as this is more likely to ensure sustainable resettlement. However, in considering what is a reasonable offer, account should be taken into the particular circumstances and needs of the applicant and their household.

Reasonable preference

Local authorities and Registered Social Landlords have a duty under section 20 of the 1987 Act to give reasonable preference in the selection of their tenants to people assessed as being homeless.

It should be noted that this reasonable preference extends to all those who are assessed as homeless, regardless of the outcome of further assessment into priority need or intentionality. Homeless people are included in local authorities' mainstream allocation system as from the date of their application. This duty to give reasonable preference also extends to those occupying houses which are overcrowded, below the tolerable standard, or provide unsatisfactory housing conditions, and to large families. The current allocation scheme does provide for this.

What degree of preference is 'reasonable' is a matter of judgement but, at the very least, homeless people should not be given lesser preference than the other specified groups. These reasonable preference requirements do not prevent priority being given to other groups of applicants besides those listed in section 20, and local authorities still have to consider applications from homeless or other people on their individual merits.

Scottish Government guidance on the 'Housing (Scotland) Act 2001 - Housing Lists and Allocations' was issued in February 2002

http://www.scotland.gov.uk/Publications/2002/02/10659/File-1

When an Area Office has a vacancy in its area, the longest standing applicant in temporary accommodation who is registered for the letting district(s) administered by that Area Office, will take precedence. This, of course, is provided that the applicant's household composition is suitable for the property concerned.

The applicants are held for one letting District for the initial eight weeks after acceptance on the waiting list. This letting District is normally one where they had a local connection. A local connection is established by residence in this area for more than six out of the last twelve months or at least three out of the last five years. If the applicants residence does not generate a local connection then the letting district will be identified using a secondary connection. A secondary connection is one of the following: employment in the District or a parent, child or sibling resident in the District. If the applicant has several secondary connections they will be held for all areas where they have a secondary connection. If they have no secondary connection they will be held for all letting districts.

These rules relate to letting Districts and areas to be rehoused and should not be confused with local connection/South Ayrshire Council Policy. After the first eight weeks applicants are given an increased number of letting Districts as follows:

Original District	Widened District
Troon	Troon, Prestwick, Ayr North
Prestwick	Troon, Prestwick, Ayr North
Ayr North	Ayr North, Ayr South, Kyle
Ayr South	Ayr South, Kyle, Ayr North
Maybole	Maybole,North Carrick, Girvan
Girvan	Girvan, South Carrick, Maybole

Staff should be aware that applicants should be encouraged to widen their areas as much as possible at the earliest possible opportunity.

Before an offer of permanent accommodation is made, an inspection of the temporary furnished property must be carried out. During the inspection, a careful check of the inventory should be made. The Area Office which is making the offer should also ensure that the rent account is clear. It should be made clear to applicants before they move into temporary furnished accommodation that such checks will be made.

If an applicant qualifies for a Decoration Allowance for their new property and they owe money to the Council for either rent arrears or rechargeable repairs, it is within the Councils jurisdiction to withhold payment of the Decoration Allowance and to use it instead to recoup any outstanding debts.

One offer of permanent accommodation will be made. This offer must not be overcrowded within the meaning of section 135, should not endanger the health of the occupants, should meet any special needs the household or his/her family may have and should be reasonable for the applicant to occupy. All applicants have the right to appeal any decision. Applicant's need to be made more aware of what constitutes a fair and reasonable offer.

Community Care Grant/Homemaker Starter Pack

Applicants who are in receipt of some form of housing benefit are entitled to apply for a Homemaker Starter Pack from the Council. Application forms are available from all offices as well as all helping agencies. Applicants are also entitled to make a claim for funds to furnish their permanent tenancy from the D.S.S. There are also various agencies who will help homeless applicants fill in the application form. The result of their application however should not affect the applicants proposed move-in date and under normal circumstances applicants will be given two weeks to vacate their temporary tenancy once a Tenancy Agreement has been signed for a permanent let.

Appeals

The appeals process is the same as that for applicants who initially disagree with the Council's decision on their homeless application. The applicant shouldalso be advised that they can contact the Housing Aid Centre to help them with their appeal against any decision and any appeal must be submitted within 21 days.

Appeals will be dealt with by the Homeless Service Manager or the Appeals Officer, whoever is appropriate. The appeal will be dealt with within 5 working days. If there are problems in obtaining information, 10 working days may be more appropriate.

There are no further internal review mechanisms.