Code of Guidance for Local Authorities

for Local Authorities on the Allocation of Accommodation and Homelessness March 2016 © Crown copyright 2016 WG28472 Digital ISBN: 978 1 4734 6395 0 Mae’r ddogfen yma hefyd ar gael yn Gymrae / This document is also available in Welsh. Code of Guidance Code CONTENTS Introduction About this Code of Guidance Purpose of the Code Target Audience Legal Status of the Code Structure of the Code Effective Dates of the Code Compliance with the Code The Legislation in Context Terminology Code up-dates Navigating the Code PART 1: ALLOCATIONS Chapter 1 Introduction Allocations and the Role of Social Landlords Improving Lives and Communities – Homes in Wales Housing White Paper, 2012 Communication Financial Inclusion Purpose of Part 1 of the Code Summary of Amendments to the Code Effective Date of Part 1 of Code Chapter 2 Eligibility for Housing Overview Definition of Allocation Eligible Categories Unacceptable Behaviour Policy Considerations Notification and Appeals to Decisions on Eligibility Residential Criteria Applications from Owner Occupiers No Fixed Address Chapter 3 The Allocations Scheme Balancing Priorities The Requirement to have an Allocation Scheme Transfer Applicants Civil Partnerships Joint Tenancies Succession Reasonable Preference Additional Preference Determining Priorities Choice and Preference Options Offers and Refusals Allocations Scheme Flexibility Meeting Diverse Needs Low Cost Home Ownership and Intermediate Rent Advice and Information Chapter 4 Allocation Scheme Management Housing Registers Allocations Scheme Consultation Publicising the Allocation Scheme Elected Member and Board Member Involvement in Allocation Decisions Offences Related to Information given or withheld by Applicants Data Protection Public Services Ombudsman for Wales Monitoring and Evaluation PART 2: HOMELESSNESS Introduction Chapter 5 Strategic planning of homelessness services Ten Year Homelessness Plan Local Service Planning Context A Corporate Approach Service Focus in the context of the Housing (Wales) Act 2014 Homelessness Reviews Review of Homelessness Planning Customer Research Main causes Definitions Source of information Profiling homelessness Risk groups Resources available to prevent and tackle homelessness Preparing the homelessness strategy Strategic planning for Homelessness Strategic Vision and Principle Prevention Securing accommodation Securing Housing Related support Access to homelessness services Access to other essential services Equality and diversity Planning Resources and Budgets Action Planning Target Outcomes Monitoring and evaluation Continuing review and improvement Chapter 6 Partnership working Duty to co-operate Partnership Working Working with Housing Associations Partnership Working across Policy Areas Working with Supporting People providers Domestic Abuse Health Partnerships Criminal Justice People in custody Resettlement Prisons an the role of Community Rehabilitation Companies Armed Forces Veterans Chapter 7 Eligibility Providing information, advice and assistance Eligibility categories Persons Subject to Immigration Control Prescribed as Eligible Other Persons from Abroad who are ineligible The Habitual Residence Test Procedures for determining eligibility of persons from abroad Transitional provisions Chapter 8 Definition of Homeless/threatened with Homelessness Homelessness Threatened with homelessness Accommodation Available for Occupation Legal Right to occupy Accommodation Inability to secure entry to accommodation Instances where there may be no Legal Right to Occupy Accommodation consisting of moveable structures Accommodation which is reasonable for the applicant to continue to occupy Domestic abuse or other abuse General housing circumstances Affordability Chapter 9 Duty to provide information, advice and assistance Who Provides the Advisory Service? Funding Voluntary Sector Agencies Assessing Advice Provision What Service should be offered? What Advice and Information? Standards Accessibility Groups at Particular Risk Chapter 10 Duty to assess When a local housing authority must assess Assessing if the applicant is eligible for help. Assessment of circumstances Assessment of housing needs Assessment of support needs Assessment of duty owed Assessment of the applicant’s wishes Applications to more than one Authority Keeping the assessment under review Not able to change decision when made Notice of outcome of assessment Restricted person Withdrawn applications Chapter 11 Interim duty to secure accommodation for homeless applicants Introduction Guidance Other circumstances where accommodation must or may be provided under section 68 Need for support Standards and charges Protection of property Households with Pets Chapter 12 Duty to help to prevent (‘prevention’) Introduction The duty to help to prevent an applicant from becoming homelessness Meaning of help to secure How to secure or help to secure the availability of accommodation Viable Housing Options Private Rented Sector (PRS) Tenant given notice of intention to recover possession Housing Benefit Joint Working Homelessness Prevention Fund Preventing Homelessness in Specific Circumstances Groups Most at Risk of Homelessness People with an institutionalised background People who have experienced other problems that may increase the risk of homelessness including family/relationship breakdowns; domestic, hate incidents and hate crime or other violence; poor mental or physical health; drug and alcohol misuse; age-related problems and debt. Preventing homelessness recurring People affected by redevelopment or who are otherwise displaced Making referrals Common causes of homelessness Monitoring Prevention Chapter 13 Duty to help to secure (‘relief’) Introduction The duty to help to secure accommodation for homeless applicants Local Connection Taking reasonable steps Local Authorities’ duties in helping to secure accommodation Help to secure (rather than “to secure”) that suitable accommodation is available How to secure or help to secure the availability of accommodation Rough Sleepers Pets Chapter 14 Duty to secure (‘final’) Introduction When to assess if the section 75 duty is owed. Who the Section 75 duty applies to Chapter 15 Ending the duties Introduction Best use of resources Circumstances in which the duty in S.66 ends Circumstance in which the duty in S.68 ends Circumstances in which the duty in S.73 ends Circumstance in which the duty in section 75 ends Further circumstances in with the duties in section 66, 68, 73 and 75 end Carrying out the assessment Notification that duties have ended Chapter 16 Priority need for accommodation Introduction Categories of applicants who have priority need Old age Mental and physical illness and mental and physical disability People in receipt of psychiatric services Chronically sick people Victims of abuse Rough Sleepers Former asylum seekers Meaning of Vulnerability Meaning of Vulnerable Meaning of Street Homeless Chapter 17 Intentionality Introduction Deciding to have regard to intentionality Meaning of intentionality Available for occupation Deliberate Act or Omission Vulnerable applicants Acts or omissions which may be regarded as deliberate include Acts or omissions in good faith Other circumstances in which the applicant’s actions may not amount to intentional homelessness Enters into an arrangement When can someone Re-apply? When to consider intentionality When a Local Housing Authority cannot consider intentionality to determine if a duty is owed When a local housing authority must consider intentionality to determine if a duty is owed Interim duty and Intentionality Sufficient period Families with Children under 18 Duty to applicants with children under 18, 16 and 17 year old applicants, persons up to the age of 21 and persons up to the age of 25 if they have been looked after or fostered, from 2019 onwards. Chapter 18 Local connection and referrals Introduction Conditions for Referral from Welsh Local Authorities to Welsh Local Authorities Ex-service personnel Ex-prisoners No local connection anywhere Abuse Duties to applicant whose Case is considered for referral or referred Disputes between Authorities Referrals to English Local Housing Authorities Cases referred from a Local Housing Authority in England Chapter 19 Suitability of accommodation Introduction Assessment of Suitability Accommodation to end the prevention, help to secure and secure duties Physical condition of the property Health and safety matters Regulatory Reform (Fire Safety) Order 2005 Landlord behaviour Elements of good management Tenancy Deposit Scheme Shared Housing Licensing for Houses in Multiple Occupation Use of Bed and Breakfast Accommodation Use of Bed and Breakfast for 16 and 17 year olds and care leavers aged 18 to 21. Homelessness (Suitability of Accommodation) (Wales) Order 2015 Larger establishments (more than 6 bedrooms) The Standards to be applied Higher Physical Standards Higher Management Standard Chapter 20 Right to review and appeals to court Introduction Right to request a review Review procedure Who may carry out the review? Written presentations Oral hearings Period during which a review must be completed Late representations Procedure for review of reasonable steps Procedures for review of decisions made under the Decisions on Referrals Order Notification of decision on review Power to Accommodate Pending a Review Effect of a decision on review or appeal that reasonable steps were not taken. Right of appeal to county court on point of law Applicants’ right to appeal to the County Court against decision

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