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The Homelessness Legislation: an Independent Review of the Legal Duties Owed to Homeless People Contents The homelessness legislation: an independent review of the legal duties owed to homeless people Contents Foreword from Lord Richard Best p.4 Foreword from the Panel Chair, Professor Suzanne Fitzpatrick p.5 1. Introduction p.6 2. Homelessness legislation in England p.8 3. The impact of the current legislation on single homeless people p.11 4. Recent changes to homelessness legislation in the UK p.16 5. Our proposed alternative homelessness legislation p.20 6. The process map p.28 7. Conclusion p.30 8. Annex 1. Housing Act (1996) amended p.32 4 The homelessness legislation 5 Foreword from Lord Richard Best Foreword from the Panel Chair, Professor Suzanne Fitzpatrick Over recent years Crisis has sustained its reputation for Homelessness legislation should serve as an important practical help and imaginative innovation in supporting safety net to help protect some of the most vulnerable people who are homeless. In particular, Crisis has people in our society. focussed the spotlight on single people who can fall outside the main homelessness duty of local authorities. However, within legislation in England there exists a All too often the acute shortages of housing in so many distinction between those who are considered ‘statutorily’ parts of the country - and particularly in London - are homeless and those who are not, predominately single felt most keenly by those with no legal entitlement to people without dependent children, who often receive accommodation and an uncertain claim to be “vulnerable”. very little help to prevent or end their homelessness. This creates a two-tier system and often leads to single homeless people suffering very poor outcomes. A mystery shopping exercise by Crisis in 2014 found that in most cases single homeless people were getting a raw deal. Now, against a backdrop of an alarming rise Over the last decade both Scotland and Wales have introduced new legislation to in rough sleeping last year, an independent panel has been brought together by Crisis address this historical lack of provision for single people. The time has come for to produce this measured, considered analysis of ways in which the current position England to do the same, and ensure that anyone facing homelessness, regardless of could be improved. household type is provided with meaningful support to help rebuild their lives. Drawing on the expertise of practitioners in the field, and taking on board lessons As chair of the independent review, convened by Crisis, I would like to thank the from the different approaches being tried in Scotland and Wales, the panel make a other panel members who have given time and energy to examine the legislation convincing case for new legislation. This could strengthen significantly the current and produce the alternative legal model set out in this report. Despite the different duty for local authorities to provide the advice and practical support that can backgrounds and perspectives of experts on the panel, we have reached a consensus prevent “non-priority need” households becoming homeless. And legislation could that we need to move away from a system which forces people to crisis point before ensure councils start this preventative work much earlier than the current 28 days they are able to receive any significant support. We are agreed as a panel that local before homelessness is imminent. These measures could in many cases avoid the government duties must be changed to ensure the provision of meaningful and costs and traumas of involving the courts and the bailiffs. effective preventative work for any household facing homelessness. I hope very much that Ministers will consider this constructive report very carefully. I am confident that our proposals will provide robust support to a far greater number If government is minded to proceed with new legislation—like the Welsh Act of 2014 of people at a much earlier point, and at the same time provide local authorities with —I am sure this would be strongly supported by Parliamentarians of all persuasions. more flexibility to deliver this within the resources that they have available. And we owe sincere thanks to the members of the Crisis panel who in this report This will be crucial in helping local authorities, who are facing significant cuts, have prepared the ground so admirably for a new Homelessness Bill. to more effectively tackle the rising levels of homelessness. I submit this report to government and politicians for their consideration, and hope that the sound principles and thoughtful legal drafting in this report directly informs a new and more positive framework for homeless people. 6 The homelessness legislation 7 1. Introduction During Summer 2015 Crisis established The panel was chaired by Professor Panel members participated in an an independent panel of experts from Suzanne Fitzpatrick (Heriot-Watt independent capacity and do not across the housing and homelessness University) and included the following necessarily represent the views of the sector, including lawyers, an academic, members: organisations they work for. local authorities and housing association • Veneeze Augustine, Homelessness sector representatives, as well as Team Manager (Royal Borough of Following the panel’s discussions, they homelessness charities, to assess the Kensington and Chelsea Council) sought the specialist legal advice of Liz strengths and weaknesses of the current • Matthew Downie, Director of Policy Davies at Garden Court Chambers to homelessness legislation in England. and External Affairs (Crisis) draft the alternative legislation. Her legal • Matt Garrett, Head of Housing opinion has been used to inform this The purpose of the review was also to Services (Plymouth City Council) report. The panel met from July 2015 consider and recommend legislative • John Gallagher, Principal Solicitor to February 2016. change in order to prevent and tackle (Shelter) single homelessness more effectively, • Jacqui McCluskey, Director of Policy while ensuring that the current and Communications entitlements for families and others (Homeless Link) who are assessed as in priority need • David Orr, Chief Executive and might be owed the main statutory (National Housing Federation) homelessness duty were • Giles Peaker, Partner not undermined. (Anthony Gold Solicitors) • Gavin Smart, Deputy Chief Executive The panel considered the following and Director of Policy and Practice questions: (Chartered Institute of Housing) • Could reforms be made to place • Anna Whalen, Youth Homelessness a more effective and inclusive duty Advisor (St Basils) on local authorities to prevent and • Dominic Williamson, Executive relieve homelessness? Director of Strategy and Policy • Are there elements of legal reform (St Mungo’s) in Scotland and Wales that may be • Mike Wright, Head of Housing Choice appropriate for England? (Salix Homes) • What is required to ensure existing and future legal obligations are enforced? 8 The homelessness legislation 9 2. Homelessness legislation in England The Housing (Homeless Persons) This was expanded further in England with homelessness. An applicant is applicants from outside the UK will not Act (1977) made local authorities by the 2002 Homelessness (Priority considered homeless if they have no be eligible for housing assistance. responsible for the long-term rehousing Need for Accommodation) (England) accommodation that is available for of some groups of homeless people Order to include homeless applicants them either in the UK or elsewhere, in for the first time. The Act defined who are: aged 16 and 17 years old and which they can live together with their 2.4 Intentionality which groups of homeless people were not owed any duty as a child in care or family. A person is also considered to The local authority will then establish considered to have a ‘priority need’ and a care leaver as set out in the Children be homeless if it is not reasonable for whether or not the applicant is therefore might be owed a statutory duty Act 1989; aged under 21 years old who them to continue to live in their existing unintentionally homeless (i.e. whether to be secured settled accommodation were in local authority care between the accommodation. It is not considered they became homeless through no by local authorities. This is commonly ages of 16 and 18; aged 21 and over who reasonable for an applicant to do so if, fault of their own). An applicant will be referred to as the ‘main homelessness are vulnerable as a result of leaving local for example, there is a threat of violence, deemed to be intentionally homeless if duty’. The 1977 Act ushered in a authority care; vulnerable as a result of or if accommodation is in a very poor they have done anything or failed to do transformative legal change for many leaving the armed forces; vulnerable as condition or if they are experiencing anything deliberately, which results in homeless people but also created a result of leaving prison; and vulnerable severe overcrowding. An applicant them losing their home. a longstanding distinction between as a result of fleeing domestic violence would be assessed as threatened with those defined as priority need who or the threat of domestic violence. homelessness if it is likely that they are owed the main homelessness duty will lose their home within 28 days. 2.5 Local connection (predominantly families with dependent For applicants whose claim to priority If an applicant is found to be eligible, need status rests on being “vulnerable children) and those who are not homeless and at this stage assessed as For the purposes of the homelessness as a result of…” (as in many of the (predominantly single people, including likely to be in priority need then the local legislation, households can have a categories above) local authorities have couples without dependent children). authority has a responsibility to provide local connection with a particular local discretion in determining whether they them with interim accommodation before authority because of normal residence, are vulnerable enough to qualify for the they complete the rest of their enquiries.
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