Homelessness Policy and Procedure

PROTECTION OF PROPERTY (SECTION 36 OF THE 1987 ACT)

The Council has a duty to protect an applicant's moveable property (that is, furniture, personal belongings and other household goods) if all of the three following criteria apply:

A. There is a reason to believe that the applicant is homeless, or threatened with homelessness, or, the applicant is someone who has been provided with interim/temporary accommodation pending inquiries, and

B. There is a reason to believe that there is a danger of loss or damage to that moveable property because of the applicant's inability to deal with it, and

C. No other suitable arrangements have been, or are being made.

Examples of people who would be unable to deal with their moveable property are the ill, the mentally handicapped, and, those who could not afford to have the property placed in storage (that is, people who, by virtue of their income, would qualify for partial or full housing benefit). Therefore, it is not a general duty to protect the personal property of all applicants - it only applies to people in one of these categories.

If these three conditions all apply, arrangements should be made for the property to be stored, either in a commercial storage premises or at a location agreed with the applicant (for example, at the home of a relative or friend).

Furniture storage and removals are arranged with J.L. Young of Prestwick. J.L. Young also carry out removals between temporary accommodation and permanent accommodation.

The Council stresses that it is the responsibility of the applicant to check all the items go into storage.

Withdrawing the service

It should be noted that the duty to protect/store property ceases when there is no longer any reason to believe that there is a danger of loss or damage to it. As the Code of Guidance points out, this would apply if the applicant concerned had:

Recovered from illness.
Found somewhere to put the property.
Got a job which enabled him/her to take on the storage costs, which they were not prepared to pay themselves
If a decision is made to withdraw this service, the applicant must be notified. The letter should also give the Council's reasons for believing that the danger of loss or damage has ceased.

Charges

The 1987 Act gives the Council the right to make 'reasonable' charges for the storage and transportation of property. However, if the applicant's income was at a level which meant that he/she would qualify for housing benefit no charge should be made. Applicants who did not fall into this category should be charged the full cost of transportation and storage.

A regular inventory should be taken of the items that are in storage. This should be carried out and co-ordinated by the Accommodation Team.