Homelessness Policy and Procedure

PRIORITY NEED

Legal definitions (section 25 of the 1987 act) (as read with the Homeless Persons (Priority Need) (Scotland) Order 1997

In its final report the Homelessness Task Force recommended that the rights possessed by those assessed as being in priority need under the 1987 Act should be extended to all those assessed as homeless and that the priority need distinction should, therefore, be eliminated. Powers to take forward this recommendation were taken in the 2003 Act and a target date of 2012 for priority need abolition was set. This chapter sets out the current legislative position. Staff should bear in mind that they should seek to meet the wider housing and support needs of all applicants regardless of their priority status. It should be noted that a duty to provide assistance to applicants under other legislation may be appropriate, for example the Children (Scotland) Act 1995.

A. A pregnant woman, or, a person with whom a pregnant woman resides might reasonably be expected to reside.

All pregnant women, irrespective of age or length of the pregnancy at the date of application, have a priority need for accommodation. If there is a miscarriage after the date of application, this will not affect the priority need of the applicant. A person with whom the pregnant woman resides 'or might reasonably be expected to 'reside' would include the women's husband or partner, her father or mother, or her siblings. In normal circumstances, relations other than those named would not be expected to reside with a pregnant woman.

B. A person with whom dependant children reside, or might reasonably be expected to reside.

Dependent children are all those aged 15 or less, and, all others of 18 or less who are receiving or about to begin full time education/training or are otherwise unable to support themselves. Dependant children need not be the children of the applicant: for example, grandchildren, foster or adopted children would be acceptable for these purposes. Where parents have joint/shared custody, the periods for which the child is resident with each parent should be considered. Formal legal custody arrangements are not required and account should be taken of agreed voluntary arrangements.

The Act does not require that the children should be living with the applicant at the time of the applicant's request for assistance - they may for instance be living temporarily with other relatives because of the applicant's homelessness, or the applicant may be seeking a residence order and waiting for a legal decision, and such children would usually 'reasonably be expected' to live with the applicant. The starting assumption should be that it is reasonable that an applicant's children should live with the applicant; and the practice of splitting families because of their homelessness is not acceptable, even for short periods.

C. A person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or, with whom such a person resides or might reasonably be expected to reside.

As this clause is rather vague, South Ayrshire Council has taken the view that the following should be treated as having a priority need:

Persons who have been deemed vulnerable by a Homeless Officer by way of a medical condition.
Persons who are aged 60 or more, or persons who are approaching this age and are particularly infirm.
Persons suffering, or in fear of, domestic violence (that is, even where they have no dependant children) and persons fleeing external violence from a partner they previously resided with.
Young People of 16 or 17 years old.
Young people who were previously looked after by a Local Authority (previously termed 'in care') may well be vulnerable and hence in priority need. Those under 21 who were previously looked after at school leaving age or later should always be regarded as being vulnerable and hence in priority need.
Young people up to the age of 21 who are vulnerable because they meet a combination of the Vulnerability Triggers (see chapter on Young Homeless).
Person with Aids, HIV related illnesses or who are HIV positive.
Other special reasons: (cases in this category should be discussed with the Homeless Service Manager).
People at risk of harassment or violence on account of either race, colour, illness, sexuality, or ethnic or national origins may be vulnerable. An example of this could be violence from paramilitary/political groups.
External violence or threats of violence from anti-social neighbours.
People at risk of violence or threats of violence from someone living in the same accommodation e.g. in a bedsit where there are shared facilities or a resident landlord.
Having suffered a miscarriage or undergone an abortion.

There is no bar to staff assessing other applicants as being vulnerable for 'special reason' in the light of legislation, case law and their particular circumstances and hence in priority need. Staff should exercise common sense and judgement in determining whether a particular applicant is vulnerable.

D. A person who is homeless, or threatened with homelessness, as a result of an emergency such as flood, fire or any other disaster.

In cases of this type, there will most often be the prospect of the applicant's property being repaired or rebuilt. Therefore, only temporary accommodation should initially be provided. A permanent Council tenancy must not be offered until there is clear proof that the applicant was unable to effect the necessary remedial work. Therefore, a thorough investigation into the level of buildings' insurance carried should be undertaken if it is claimed by the applicant that he/she has insufficient funds. If it was discovered that the applicant did have sufficient resources, then he/she could be considered intentionally homeless if there was a failure in applying the funds to make the property habitable. If the applicant is an owner-occupier or private tenant, every effort should be made to recover any costs which are incurred.

In larger-scale emergencies, the obligations of the local authority under the Act may be discharged by action under section 84 of the Local Government (Scotland) Act 1973 - for instance, by the provision of special forms of temporary accommodation.

The phrase 'any other disaster' means a disaster similar to fire or flood: for example, high winds, or explosions caused by leaking gas, it does not include applicants forced to leave a property because of a demolition or closing order who would be assessed according to their specific circumstances.

WHAT EVIDENCE SHOULD BE SOUGHT?

As with the previous chapter on inquiries into homelessness, the evidence required will obviously vary from case to case. However, wherever possible, clear proof that an applicant actually has a priority need must be obtained.

A. Pregnancy

A letter from the applicant's doctor or other medically qualified person (such as midwife) should be obtained.

B. Dependant Children

The birth certificate of all the applicants' dependant children, along with Child Benefit books, must be carefully checked. In the case of foster children, confirmation of the fostering arrangements from Social Work should be sought. In cases where there is a dispute, or uncertainty, about the legal custody of children it should be noted that custody orders must be seen before a decision on the application is made (in these circumstances, the application would therefore still be under assessment).

C. Old Age

The Homeless Officer should normally be prepared to consider as vulnerable because of old age, those of 60 or more, and those approaching 60 who are particularly frail or in poor health. However, it must be recognised that many people over 60 are as capable and rational as younger people and so not vulnerable. There should be no question of AUTOMATICALLY classifying applicants as vulnerable because of old age ONLY because they have reached a particular age. A flexible, pragmatic, but sympathetic, approach should be taken. Whatever criteria are adopted, they should not arbitrarily or inflexibly discriminate between men and women.

D. Fire, Flood or Other Disaster

A physical check should be made to ensure that the property is, in fact, uninhabitable. In most cases, this will already have been reported to the Area Office by the emergency services.

E. Medical Priority/Aids or HIV/ Addiction Problems.

Standard medical assessment forms should be completed and forwarded to the Clinical Medical Officer to determine vulnerability.

If there is a mental health issue check if there is any Social Work involvement. CPN'S may provide additional information.

If the applicant is actually roofless and a mental health problem is evident, check with CPN that temporary accommodation is appropriate. Ensure adequate support is provided by CPN/Social Work while in temporary accommodation. If applicant is involved in planned discharge from hospital or residential care, liase with allocations section.

These cases must be assessed by the Clinical Medical Officer.

F. Persons suffering, or in fear of, domestic violence.

All reasonable steps should be taken to obtain information which supports the applicant's case. Therefore, written evidence should be sought from one, or more, of the under noted sources:

(i) Social Work
(ii) The Police
(iii) The applicant's own doctor.
(iv) The Courts (the applicant may have an interdict ordering his/her partner not to molest him/her).
(v) Women's Aid

However, if clear evidence in the normal sense cannot be found the applicant's expressed fears should be accepted. It should be noted this does notmean that no attempt should be made to obtain evidence from the sources referred to above. It is important that every application is investigated thoroughly.

G. Institution / Residential Care / Prisoners

In the case of 'looked after' young persons, obtain written confirmation from the Social Work Department of the applicant's status and circumstances of becoming homeless. Liaison with Social Work should take place well in advance of the person becoming homeless in order to assess their needs and to determine appropriate accommodation. In these cases reference should be made to the Children Scotland Act 1995.

For other institutional establishments e.g. Long stay hospitals, prisons etc. check if this is a planned discharge and liase with allocations section where possible. For special needs cases liase with Social Work prior to discharge and obtain all relevant information in order to establish priority need and acquire suitable housing.

H. Dispute With Spouse / Co-habitee – Non Violent

A separated spouse /co-habitee, in priority need will be accepted as homeless if it is not reasonable for them to remain in the marital home. Temporary accommodation should also be provided but also should be provided to applicants who are not in priority need for a limited period along with advice and assistance, in order for them to find alternative accommodation.

Applicants who are experiencing relationship breakdown should be advised of their rights under the Matrimonial Homes Act re interdicts, occupancy rights and rights to tenancy etc. It is however up to the individual to pursue these rights and should not be a pre-requisite to being classes as homeless.

I. Women Suffering Miscarriage / Abortion

Consideration should always be given to the applicant's vulnerability. The Homeless Officer should act with a high degree of sensitivity and discretion. The test for vulnerableness which should be applied, is 'whether the applicant is less able to fend for herself so that injury or detriment would result when a less vulnerable person would be able to cope without harmful effects,' (Wilson v Nithsdale District Council 1992).

J. Asylum Seeker / Refugee

Where an individual has applied for Asylum, their entitlement to apply as homeless will be determined by their immigration status. The Asylum and Immigration Act 1999, fundamentally changes the way in which accommodation and support are provided to an Asylum Seeker.

Under the terms of the Act, from April 2001, the Home Office's National Asylum Support Services are responsible for providing accommodation and support.

N.B. Such cases shall be determined by the Housing Operations Manager in conjunction with the Homeless Service Manager.

For further information please see section under local connection.

K. Household Fleeing External Violence

Obtain evidence from Police of alleged incidents and if possible a risk assessment.
Obtain evidence from Estate Management staff, landlords, or other local authorities if relevant.
Ascertain whether it is safe for the applicant to return to their property.
Liase with Area Manager for possible management transfer through allocations if appropriate.