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Homelessness Code of Guidance for Local Authorities

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Homelessness Code of Guidance for Local Authorities Version Control Sheet NOTE: The online manual is the primary source of Guidance and this PDF version may not be fully up to date. Local authorities are advised to check the online manual to ensure they are using the latest version. Version No: Date Details of Changes included in Update Author 0.1 22 Feb Publication MHCLG 0.2 20 June Changes to paragraph 7.12 ,10.41, 11.36, 14.30, 19.3 MHCLG (c), (e) and 19.15 (a) 0.3 01 Nov Changes to paragraph 1.1, 7.12, 8.40, 17.10 MHCLG 0.4 04 Feb Change to paragraph 21 in Annex A MHCLG 0.5 12 April Changes to paragraph 17.58, moved up to MHCLG become 17.48. Change to paragraph 17.49 and 19.23 0.6 26 June Paragraphs 8.44 and 8.45 added MHCLG 2020 0.7 31 Changes to chapter 7 MHCLG December 2020 0.8 19 April Changes to paragraph 4.19, 8.44, 10.18, 18.30 MHCLG 2021 and 18.32 0.9 5 July New paragraph 5 added to the Overview chapter. MHCLG 2021 Changes to paragraphs 2.53, 7.9, 7.11, 7.13, 7.14, 7.18, 7.20, 7.31, 7.32, 7.34, 8.3, 8.13, 8.37, 8.38, 9.18, 9.22, 10.51, 10.52, 10.54, 11.23, 16.40, 17.6, 18.22, 18.23, 23.2, 23.3, 23.4. Chapters 21 and 25 have been rewritten. 0.10 16 Changes to paragraph 7.14, 7.18 and 7.34 MHCLG September 2021 Homelessness Code of Guidance for Local Authorities February 2018 Ministry of Housing, Communities and Local Government © Crown copyright, 2018 Copyright in the typographical arrangement rests with the Crown. You may re-use this information (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence,http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. This document/publication is also available on our website at www.gov.uk/dclg If you have any enquiries regarding this document/publication, complete the form at http://forms.communities.gov.uk/ or write to us at: Ministry of Housing, Communities and Local Government Fry Building 2 Marsham Street London SW1P 4DF Telephone: 030 3444 0000 For all our latest news and updates follow us on Twitter: https://twitter.com/CommunitiesUK February 2018 ISBN: 978-1-4098-5201-8 Contents Definitions 5 Overview of the homelessness legislation 6 Chapter 1: Introduction 11 Chapter 2: Homelessness strategies and reviews 17 Chapter 3: Advice and information about homelessness and the prevention of homelessness 32 Chapter 4: The duty to refer cases in England to housing authorities 35 Chapter 5: Contracting out homelessness functions 39 Chapter 6: Homeless or threatened with homelessness 42 Chapter 7: Eligibility for assistance 50 Chapter 8: Priority need 60 Chapter 9: Intentional homelessness 70 Chapter 10: Local connection and referrals to another housing authority 77 Chapter 11: Assessments and personalised plans 89 Chapter 12: Duty in cases of threatened homelessness (the prevention duty) 96 Chapter 13: Relief duty 98 Chapter 14: Ending the prevention and relief duties 101 Chapter 15: Accommodation duties and powers 111 3 Chapter 16: Securing accommodation 122 Chapter 17: Suitability of accommodation 131 Chapter 18: Applications, decisions and notifications 144 Chapter 19: Review of decisions and appeals to the County Court 150 Chapter 20: Protection of personal property 160 Chapter 21: Domestic abuse 162 Chapter 22: Care leavers 174 Chapter 23: People with an offending history 180 Chapter 24: Former members of the armed forces 187 Chapter 25: Modern slavery Error! Bookmark not defined. Annex 1: The habitual residence test 195 4 Definitions Throughout the code: “the 1996 Act” means the Housing Act 1996; “the 2002 Act” means the Homelessness Act 2002; “the 2017 Act” means the Homelessness Reduction Act 2017; “the housing authority” means the local housing authority; “the code” means the Homelessness Code of Guidance for Local Authorities (2018); “the Convention” means the European Convention on Human Rights; “the Eligibility Regulations” means the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006; “personalised housing plans” means personalised plans; “the 2002 Order” means the Homelessness (Priority Need for Accommodation) (England) Order 2002; “the 2003 Order” means the Homelessness (Suitability of Accommodation) (England) Order 2003. 5 Overview of the homelessness legislation 1 This overview provides a summary of the homelessness legislation and the duties, powers and obligations on housing authorities and others towards people who are homeless or at risk of homelessness. It does not form part of the statutory code of guidance. Homelessness legislation 2 The primary homelessness legislation – that is, Part 7 of the Housing Act 1996 – provides the statutory under-pinning for action to prevent homelessness and provide assistance to people threatened with or actually homeless. 3 In 2002, the Government amended the homelessness legislation through the Homelessness Act 2002 and the Homelessness (Priority Need for Accommodation) (England) Order 2002 to: a. ensure a more strategic approach to tackling and preventing homelessness, in particular by requiring a homelessness strategy for every housing authority district; and, b. strengthen the assistance available to people who are homeless or threatened with homelessness by extending the priority need categories to homeless 16 and 17 year olds; care leavers aged 18, 19 and 20; people who are vulnerable as a result of time spent in care, the armed forces, prison or custody, and people who are vulnerable because they have fled their home because of violence. 4 The Homelessness Reduction Act 2017 significantly reformed England’s homelessness legislation by placing duties on local authorities to intervene at earlier stages to prevent homelessness in their areas. It also requires housing authorities to provide homelessness services to all those affected, not just those who have ‘priority need.’ These include: a. an enhanced prevention duty extending the period a household is threatened with homelessness from 28 days to 56 days, meaning that housing authorities are required to work with people to prevent homelessness at an earlier stage; and, b. a new duty for those who are already homeless so that housing authorities will support households for 56 days to relieve their homelessness by helping them to secure accommodation. 5 The Domestic Abuse Act 2021 amends Part 7 of the1996 Actto strengthen the support available to victims of domestic abuse. The Act extends priority need to all eligible victims of domestic abuse who are homeless as a result of being a victim of domestic abuse. The 2021 Act brings in a new definition of domestic abuse 6 which housing authorities must follow to assess whether an applicant is homeless as a result of being a victim of domestic abuse. Homelessness review and strategy 6 Under the Homelessness Act 2002, all housing authorities must have in place a homelessness strategy based on a review of all forms of homelessness in their district. The strategy must be renewed at least every 5 years. The social services authority must provide reasonable assistance. 7 The strategy must set out the authority’s plans for the prevention of homelessness and for securing that sufficient accommodation and support are or will be available for people who become homeless or who are at risk of becoming so. Duty to refer 8 The Homelessness Reduction Act 2017 introduced a duty on certain public authorities to refer service users who they think may be homeless or threatened with homelessness to a housing authority. The service user must give consent, and can choose which authority to be referred to. The housing authority should incorporate the duty to refer into their homelessness strategy and establish effective partnerships and working arrangements with agencies to facilitate appropriate referrals. Duty to provide advisory services 9 The housing authority has a duty to provide advice and information about homelessness and the prevention of homelessness and the rights of homeless people or those at risk of homelessness, as well as the help that is available from the housing authority or others and how to access that help. The service should be designed with certain listed vulnerable groups in mind and authorities can provide it themselves or arrange for other agencies to do it on their behalf. Applications and inquiries 10 Housing authorities must give proper consideration to all applications for housing assistance, and if they have reason to believe that an applicant may be homeless or threatened with homelessness, they must make inquiries to see whether they owe them any duty under Part 7 of the 1996 Act. This assessment process is important in enabling housing authorities to identify the assistance which an applicant may need, either to prevent them from becoming homeless, or to help them to find another home. In each case, the authority will need to first decide whether the applicant is eligible for assistance and threatened with or actually homeless. Certain applicants who are ‘persons from abroad’ are not eligible for any assistance under Part 7 except free advice and information about homelessness and the prevention of homelessness. 11 Broadly speaking, a person is threatened with homelessness if they are likely to become homeless within 56 days. An applicant who has been served with valid 7 notice under section 21 of the Housing Act 1988 to end their assured shorthold tenancy is also threatened with homelessness, if the notice has expired or will expire within 56 days and is served in respect of the only accommodation that is available for them to occupy.
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