The local authority perspective:
Andrew Burnip:
Housing Solutions
Core Team Manager:
The Stereotype:
Causes:
The Allocation of Social Housing
Localism Act 2011: (s.160za)
• Gave local housing authorities the power to
determine for themselves what classes of
persons are – or are not – persons qualifying
to be allocated social housing.
The Demand
Social Housing Waiting List:
Region
1997
2012
% change
North East
73,809
86,919
+17%
NE 280,000 social housing dwellings
NE 181,000 private rented dwellings.
Over 2 million nationally on social housing waiting list.
(source Shelter)
The Law:
Where we have reason to believe the applicant is homeless or threatened with
homelessness within 28 days we must:
Make such enquiries as are necessary to satisfy ourselves that the applicant is:
•
Homeless or threatened with homelessness in 28 days. (S175 HA96)
•
Is eligible for assistance. (S 185 HA 1996)
•
Is in priority need. (S 189 HA 96)
•
Is not intentionally homeless. (S191 HA 96)
•
Has a local connection. (S199HA 96)
If I am Homelessness I am in priority need…..right?
S.189 HA 1996: Priority Need
• A person MAY be in priority need if they are
vulnerable as a consequence of:
• Having served a custodial sentence, been
committed for contempt of court or similar
offence, or been remanded in custody.
(R v Camden LBC ex parte Pereira
(1998)
• Defined by the Court of Appeal as the
applicant being, when homeless, less able to
fend for her/himself than an ordinary
homeless person so that s/he would suffer
injury or detriment, in circumstances where
a less vulnerable person would be able to
cope without harmful effects
Johnson v Solihull MBC: Court of appeal June 2013.
Intentionality
An applicant is intentionally homeless if they have: (all 3 must be
satisfied)
•
Deliberately have done, or failed to do something in consequences of
which s/he has ceased to occupy accommodation which was available
to her / him.
•
It must have been reasonable the applicant to continue to occupy the
accommodation.
•
The applicant must have been aware of all the relevant facts before
deliberately taking or failing to take the actions. An act or omission in
good faith on the part of the person unaware of a relevant fact should
not be treated as deliberate.
Welfare Reform:
• Bedroom Tax. (52% affected in NE)
• Extension of Shared Room Rate to under 35s
• Localisation of Council Tax.
• Welfare Assistance Polices.
• Benefit Sanitations.
• 31% of homeless people on Jobseekers Allowance (JSA)
have been sanctioned, compared to just 3% of typical
claimants. (Homeless Link)
Prevention & Housing Options:
• Local Authorities have always had a power to Prevention since
1977.
• Proactive not reactive.
• Early intervention offering a range of services to all.
• Govt priority & grant funding to support LA work
• No Second Night Out
• MEAM Pilots.
• Work with probation / Police / IOM
But its only a housing problem…
Thank you.