Domestic Violence Reciprocal Agreement
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North London Domestic Violence Reciprocal Agreement Boroughs in the North London sub-region collaborating on homelessness prevention in cases of domestic violence October 2013 North London sub region Domestic Violence Reciprocal Agreement Boroughs in the North London sub-region collaborating on homelessness prevention in cases of domestic violence Contents: Page Number 1. Purpose of the Agreement……………………………………………....1 2. Key principles……………………………………………………..……… 1 3. Referral Process………………………………………………………… .2 4. Additional operational considerations…………………………………. 3 5. Offer of Accommodation…………………………………………………3 6. Provision of Support…………………………………………………… ..4 7. Monitoring & evaluation arrangements………………………………...4 8. NLHP named Partners…………………………………………………..5 Appendix 1: Urgent Property Request Form Appendix 2: Operations Pathway Guidelines 1 Purpose of the Agreement: a. Boroughs in the North London sub-region to join together to assist their tenants who need to flee from their home. The purpose of the pilot DV Reciprocal Agreement is to establish a mutually supportive framework through which all partners can work together to rehouse their tenants who are experiencing domestic violence and need to move home. b. The DV Reciprocal pilot is intended to assist tenants subjected to domestic violence, regardless of gender, “where there are safety issues and/or child protection concerns and where there are threats of violence, where a person has been subjected to violence” (as defined by the new cross-Government definition, 2013) and there is a likelihood of further violence and the survivors address is known to the perpetrator. c. The DV Reciprocal Agreement is intended to increase safe options, offer choice and an alternative to the homelessness route and potentially long spells in temporary accommodation. d. The agreement is subject to the constraints of availability, to locate suitable alternative accommodation within a mutually agreed location and is subject to the policies and procedures of all participating organisations. 2 Key Principles: a. After initial enquiries to determine that the case deserves further investigation, the case will be treated as an application for a management transfer or equivalent. b. The assessment should maximise the possibility that alternative approaches to allow the tenant to stay in their own home or be transferred by their existing 1 landlord are fully explored. It is expected that these options should be fully explored prior to a decision that the tenant needs an out of borough move. c. All referrals will be subject to the policies and procedures of the receiving borough. Where it is not possible to provide alternative accommodation, the host/referring borough will work with the tenant to discuss housing options, with safety being the primary concern. d. Applicants might, for safety at the time of application, be staying with family or friends, in temporary accommodation or in a women’s refuge, however their existing tenancy must be with one of the participating boroughs within the North London sub-region. The North London sub-region comprises of the London boroughs of Barnet, Camden, Enfield, Haringey, Islington and Westminster. 3 Referral Process: a. Each Partner will nominate a lead contact and a reserve person. Partners will notify the North London sub regional Homelessness & Overcrowding Coordinator when there is a change of Named Person/s or contact details. b. When a tenant approaches their landlord with a request to move from their accommodation due to fleeing Domestic Violence, it has been agreed by partners that as the tenant of a North London Housing Partnership named partner, they will be asked if a reciprocal has been discussed with them. c. The Partner will conduct a risk assessment and try to arrange suitable transfer within their own stock. d. Where this is not possible, a request for alternative accommodation will be sent to Partners. The request will identify the area/s where the tenant has indicated that they wish to be rehoused. e. Where the client approaches their home borough to make use of the Reciprocal Agreement, a request for alternative accommodation to Partners in the chosen area should be made by email using the Reciprocal ‘Urgent Property Request and Nominations’ form to the named person on the Reciprocal contact list. f. When rehousing a high risk client (established through risk assessment) the case will be discussed between the most senior housing options officers to ensure a swift resolution. g. Where a reciprocal request has been made, the receiving borough will acknowledge receipt of the request within 3 working days. A decision on whether they will accept the reciprocal move will be confirmed to the requesting borough within 5 working days. h. Where a reciprocal request is accepted, partners must aim to complete the procedure as swiftly as is reasonably possible. i. The Partner requesting assistance will be responsible for advising Partners and the sub regional Homelessness & Overcrowding Coordinator if and when an offer has been made and accepted. 2 j. All referrals will be subject to the policies and procedures of the receiving borough. k. Where a Partner assists in the housing of a tenant of another Partner, the referring borough will owe a property of similar size and type to the receiving borough. 4 Additional Operational Considerations; a. OVERCROWDING: If the client was overcrowded in their previous accommodation, the size of the property the applicant is offered will be in accordance with the receiving borough’s policy on management transfer b. PERMANENT ACCOMMODATION: After the person has been housed in permanent accommodation, the referring borough should assign a property to the receiving borough. This should be done as soon as practicably possible. c. LIKE-FOR-LIKE PROPERTIES: The reciprocal property should be of a similar standard and type where possible to the property that the applicant has received. The property will be of the same size as the property in which the applicant has been rehoused, as opposed to the property they have vacated – although this will be subject to negotiation between the relevant parties. d. HOUSING BENEFIT PAYMENT ARRANGEMENTS: Housing Benefit will pay on 2 properties for up to 4 weeks (if there is no intention to return) or 52 weeks (if there is an intention to return). A decision on whether the person will be moving needs to be made quickly and, if they are not to return, notice given to the landlord. e. Where an individual is not already in receipt of housing benefit, a claim can be made. f. Boroughs can consider the use of a Discretionary Housing Payment ( DHP) for payment of rent g. CHANGE OF LANDLORD: Households changing landlords will be provided with details of the receiving landlords’ policies and given the opportunity to discuss the different policies and procedures. 5 Offer of Accommodation: a. The receiving borough will make one offer of housing and will contact the applicant or the host/referring borough with the viewing details. b. Applicants will then have 24 hours to make a decision following a property viewing. c. Should the applicants refuse the offer, they will need to provide reasons to the host/referring borough, and it will be for the receiving borough to make a decision whether they want to make another offer of housing. d. Where more than one offer is made, the tenant will consider the offer which was made first. e. In certain circumstances it might be appropriate to waive the 28 day notice period, by agreement of both organisations, in the interests of safety and 3 security of the tenant. This will be at the discretion of the nominating and receiving Partners. f. Once the tenant has relinquished their tenancy the host/referring borough will offer the receiving borough a property of equal size. Alternatively a property can be banked for recall at a later date, to be taken up within a year. g. Where a Partner is unable to provide a suitable reciprocal property within a reasonable period, they are expected to offer an alternative (i.e. 2 x 2 bed properties in return for a 4 bed property); the decision of whether to accept such an offer would be at the discretion of the Partner owed the property. h. Where Partners are consistently receiving more households than they are moving they can temporarily opt out until the balance is redressed. The suggested guide figure is 20% more households than other Partners. 6 Provision of support: a. The Partners recognise that households that need to move may need additional support and will work together with specialist agencies. Partners will make referrals to other agencies where the tenant agrees that they should do so, with the aim of delivering a holistic response to the households needs. b. We recognise that each case, and each set of circumstances, is unique and that each will require an individual client-centred response. c. We recognise that children and vulnerable people might live in violent and abusive households and may be at risk as a result. Their safety and security is paramount and if there are any doubts a referral must be made to Social Services or the Police Child Protection Unit or a MARAC referral. 7 Monitoring & Evaluation Arrangements: a. The NLHP Homelessness & Overcrowding Coordinator will monitor this Agreement and is to be notified of the outcome of applications. b. The signatories will discuss the working of the Agreement and any amendments required as a standard agenda item at the 6-weekly sub regional Housing Needs Group meeting. c. Requests by other social landlords to sign up to the Agreement will be dependent on the agreement of the participating Partners. d. The sub regional Housing Needs Group meeting will monitor and evaluate the Reciprocal Agreement. The Agreement will be reviewed annually. In the unlikely event of a dispute, the disputed case will be discussed at the Housing Needs Group meeting.