Homelessness Policy and Procedure

PREVENTION OF HOMELESSNESS

The 2001 Act S. 1 requires every local authority to develop and produce a Corporate Homelessness Strategy for the prevention and alleviation of homelessness. The primary aim of the Strategy is to prevent homelessness occurring in the first place and to ensure that when it does occur, appropriate services and supports are available for those in the homeless system.

South Ayrshire Council published its Homelessness Strategy in July 2003.

The objectives of the Homelessness Strategy are:-

to develop a range of housing provision across all tenure for homeless people
develop an Advice and Information Strategy
develop an early intervention strategy for vulnerable people at risk of homelessness
ensure that services provided to people who are homeless minimise the effect of homelessness on individuals and society
ensure that the impact on children and their well-being is kept to a minimum
improve the health and well-being of homeless people

Legislation/Guidance

This section describes the action to be taken by South Ayrshire Council to prevent homelessness (a) arising in the first place and (b) recurring when it has occurred. South Ayrshire Council have a duty to take reasonable steps to secure that accommodation does not cease to be available for those who are in priority need and unintentionally threatened with homelessness, and to give advice and assistance to others threatened with homelessness. Timely action can help to prevent homelessness, for instance through advice to applicants threatened with homelessness on how to avoid eviction, either from the public or private sectors.

It is essential that homeless or potentially homeless people seek assistance as early as possible and also know how and where to do so. Publicity is particularly important for emergency services. When someone has become homeless, assistance provided should be aimed not only at solving the immediate problem; but at ensuring that it does not recur by enabling the homeless person to maintain their new tenancy or other accommodation.

Legal position

Under section 32(2) of the Housing (Scotland) Act 1987, where a local authority is:

satisfied that an applicant in priority need is threatened with homelessness (i.e. likely to become homeless within 2 months); and
satisfied that he or she did not become threatened with homelessness intentionally; have a local connection with South Ayrshire Council.
It must take reasonable steps to try to ensure that accommodation does not cease to be available for occupation by the applicant.

The duty to people threatened with homelessness has 3 qualifications. Section 32(4) provides that the section 32(2) duty does not affect any right of this authority (under any contract, enactment, or rule of law) to secure vacant possession of accommodation. Section 32(5) excludes from the definition of 'accommodation', any accommodation which is overcrowded or a danger to health, that does not meet any special needs of the applicant or members of his or her household, or that is not reasonable for the applicant to occupy. Obtaining such accommodation for an applicant does not fulfil a local authority's duty and a person in it would still be homeless. Under section 32(8) provision of accommodation must have regard to the interests of dependent children.

Under section 32(3) South Ayrshire Council have a duty to provide to those threatened with homelessness but not in priority need, or in priority need but threatened with homelessness intentionally, such advice and assistance as is set out in the Homeless Persons Advice and Assistance (Scotland) Regulations 2002 (SSI 2002 no.414) in any attempts the applicant makes to secure that accommodation does not cease to be available for his or her occupation.

Under section 2 of the 2001 Act, every local authority must ensure that advice and information about homelessness and the prevention of homelessness is available to everyone in their area free of charge. The guidance that supports this section of the 2001 Act sets out that while there is no single model for delivery of advice and information services, this Council should ensure provision meets the standards set out in Communities Scotland's HomePoint's 'Scottish National Standards for Housing Information and Advice Services'. The package of advice secured must be comprehensive and South Ayrshire Council must ensure that all users are advised of the availability of independent advice at each point of contact.

While the accommodation obtained for a person threatened with homelessness need not be his or her existing accommodation, in practice this will often be the best option; assuming that it is reasonable for the applicant to continue to occupy it. If the local authority concludes that the loss of the applicant's present accommodation cannot be avoided, it should consider what duties it would have towards him or her if the person becomes homeless and act quickly to prevent homelessness. In practice we should intervene as early as possible.

The creation of a Social Work, Housing & Health Department in South Ayrshire has enabled some good practice in joint working between housing, social work, health, education and voluntary service colleagues in the administration of the legislation and guidance. Formal liaison arrangements have, in many areas, been established.

The use of preventative measures to avert homelessness are very important. It is not only preferable for a household to retain its accommodation, but it is also cost effective for the authority. It is also good management practice, and a service to our customers, to offer any assistance, which might prevent homelessness actually occurring or recurring.

No householder should be advised to incur the expense of defending a possession action where there is absolutely no prospect of success.

There is also a need for better general education about the housing market and this means working with other professions such as Education and Social Work. A current example of this joint working in practice can be seen in the co-ordinated approach that is taken to educating young school children of the issues they may face if they become homeless. A youth homelessness video has been produced in collaboration with service users and this is currently being rolled out to all secondary schools in South Ayrshire.

It is hoped that by speaking to the youngsters and encouraging them to put their names on the housing waiting list for instance, we will be able to lessen the number of young people who make a homelesspresentation.