Part 7 Accommodation Allocations Policy

Croydon councilPart 7accommodation allocations policy

Legal and policy context

1.1.Homelessness legislation places duties, powers and obligations on housing authorities towards people who are homeless or at risk of homelessness.

1.2.The Council is required to provide accommodation while it investigates and makes a decision on a homeless application under S.188 of the Housing Act 1996. Once the local authority makes a decision, certain powers and duties apply under s193 of the Housing Act 1996; these include the duty under s193 (2) “the main housing duty”.

1.3.Nine events cause the main housing duty to end. These are:

1.3.1.The applicant refuses main housing duty accommodation (HA 1996, s193(5) as amended by LA 2011, s148(3))

1.3.2.The applicant ceases to be eligible for assistance due to their immigration status (HA 1996, s 193(6)(a)

1.3.3.The applicant becomes intentionally homeless from the main duty housing accommodation (HA 1996, s193(6)(b)

1.3.4.The applicant voluntarily ceases to occupy the main housing duty accommodation (HA 1996, s193(6)(d)

1.3.5.The applicant accepts a Part VI offer of social housing (HA 1996, s193(6)(c)

1.3.6.The applicant accepts an assured tenancy offered by a private landlord (HA 1996, s193(6)(cc)

1.3.7.The applicant refuses a final offer made under Part VI HA 1996 (HA 1996, s193(7) and (7A) as amended by LA s148(4)

1.3.8.The applicant accepts a private rented sector offer (HA 1996, s193(7AA)-(7AC) as amended by LA 2011, s148(5)-(7)

1.3.9.The applicant refuses a private rented sector offer (HA 1996, s193(7AA)-(7AC) as amended by LA 2011, s148(5)-(7)

1.4.Section 206 of the Housing Act 1996 provides that, where the housing authority discharges its functions to secure that accommodation is available for an applicant, the accommodation must be suitable. Suitability must be in relation to the applicant and to all members of his/her household who normally reside with him/her, or who might reasonably be expected to reside with him/her.

1.5.The Homelessness (Suitability of Accommodation) (England) Order 2003 states that Local authorities may use shared bed and breakfast accommodation only when there is nothing else to offer and in very limited circumstances. This applies to families with children and households that include a pregnant woman.

1.6.Thepurpose of this policy is to explain how the council allocates property when discharging its powers and duties contained within Part 7, Housing Act 1996. The objectives of this policy are to ensure that when discharging its statutory duties and exercising its powers, the council:

1.6.1.allocates temporary accommodation in a way that is fair to homeless households it is required to assist; and

1.6.2.fulfils its statutory duties and obligations contained within homelessness legislation, statutory guidance and case law; and

1.6.3.has regard to its duty to safeguard and promote the welfare of any children in the household (Children Act 2004, s11); and

1.6.4.has regard to the Public Sector Equality Duty (Equality Act 2010, s149)

Supply of Part 7 accommodation
A range of different accommodation is needed in terms of length of lease, size and location. Further information about the council’s arrangements to secure supply of accommodation to discharge its duties and powers under Part 7 Housing Act 1996 will be made available in the council’s Part 7 Accommodation Supply Policy.[1]

Allocating interim (emergency) accommodation allocate (s188)
Thetype of accommodation allocated depends upon availability at the time the homeless family requires accommodation. Households requiring emergency accommodation will always take precedence over moves to longer term temporary accommodation.
Emergency accommodation is generally procured on a nightly let basis, whilst accommodation let through longer term arrangements is used as temporary accommodation. There will be exceptions, for example where a wheelchair accessible accommodation is required, or where nightly let accommodation would incur high costs for the council (for example a larger benefit capped family that it has been deemed unsuitable to accommodate outside the borough). Temporary accommodation includes council owned stock andthe needs of households on the waiting list, including homeless households in temporary accommodation are balanced against demand for emergency accommodation when determining the proportion of council owned stock to be let as temporary accommodation.
Shared bed and breakfast accommodation will only be used as a last resort and where no other accommodation is available for families and households containing a pregnant woman.
The accommodation offered may be within or outside Croydon depending upon availability and following a suitability assessment. It is to be noted that the suitability threshold will normally be lower for emergency (s188) accommodation than for longer term (s193) accommodation as the applicant and their household are likely to occupy emergency accommodation for a limited amount of time.

Allocating longer term temporary accommodation (s193), or ceasing duty by way of a PRSO:
Due to the high level of homelessness demand within Croydon, homeless households are usually accommodated through a two-stage process. They are:
Placed in nightly let emergency accommodation; then
Moved onto longer term TA supplied through a variety of providers under differing arrangements; or
Offered a private rented sector offer (PRSO) to end the council’s main housing duty.
The s193 duty may be accepted whilst the applicant is residing in nightly let accommodation. In this situation, the nightly let accommodation will be used to meet the council’s duty to provide accommodation until alternative accommodation becomes available.
Where there is more than one household requiring move on from nightly let accommodation at any one time, 2nd stage accommodation will normally be offered to the homeless household with the earliest booking date for emergency nightly let accommodation. Exceptions will be at the discretion of the Director of Housing Need. When exercising that discretion, the Director may take account of the demand for and supply of accommodation and the general housing circumstances within the London Borough of Croydon. The following are examples of circumstances where the Director may exercise their discretion. This is not an exhaustive list:
Households where their current housing is impacting on their health and/or safety
Households in high cost emergency accommodation
Households who need to be moved for management reasons, e.g. threatened or actual violence, racial harassment
Households who need to be moved for property related management reasons, e.g. disrepair
Some temporary accommodation is specialist, for example for those with physical disabilities or mental health needs. The units will only be offered to those who meet the criteria for this type of accommodation
Applicants in TA where the lease is ending
Whether the accommodation is offered as main duty accommodation or as a “private rented sector offer” will depend upon the accommodation available and the suitability of the accommodationin relation to the applicant and to all members of his/her household who normally reside with him/her, or who might reasonably be expected to reside with him/her. Private rented sector offers will be made in accordance with the PRSO policy.

Location
The extent of the demand for interim and main housing duty accommodation and the current housing market means that it will often be necessary to procure accommodation at a distance from the borough, necessitating rearrangement of schools, health services and other support. When there is insufficient accommodation within Croydon officers will need to determine which household/s should have priority for the in-borough accommodation. Guidelines have been developed for officers to consider when making these decisions. The guidelines should be applied with reference to the individual circumstances of the household needing placement and the characteristics of the property or properties available for allocation to them. Officers should look at the household’s needs individually and collectively and giveconsideration to the need to safeguard and promote the welfare of children when applying these guidelines. Some guidelines raise factors to be taken into account and some in addition provide a threshold test Officers should use common sense when making decisions and not stick rigidlyto the following guidelines.

5.2.The overriding principle is that, if accommodation in the borough is available, and if there is no knownhigher priority case for it, than the household being considered at the time should always beallocated that accommodation. If accommodation within the borough is not available, accommodation should be allocated as close as possible to where the household was previously living, unless there are clear benefits to placing the household some distance from Croydon, for example because of domestic violence or to break links with negative influences, the applicant does not mind where they go or want to move to another area.

Guidelines - household circumstances to be taken into account when allocating temporary accommodation or PRSO’s
Medical: officers should consider whethertheapplicant or a member of their household who might reasonably be expected to reside with them is receiving specialist medical treatment in Croydon or London that could not be transferred elsewhere. Officers will normally prioritise households whose treatment cannot be transferred elsewhere for accommodation within a reasonable travelling distance of the treatment centre. The accommodation may not necessarily be within the borough.
Employment: Officers should consider whether:
the applicant or a member of their household who might reasonably be expected to reside with them is working anti-social hours (e.g. shift-work which starts and finishes when no public transport is available) and this employment will be lost should that member live far from Croydon. Any accommodation offered may beoutside Croydon, ability to travel to the place of employment is the main consideration.
the applicant or a member of their household who might reasonably be expected to reside with them has employment in the borough at irregular hours which makes travelling to and from the workplace by public transport very difficult.Accommodation may be outside Croydon, ability to travel to the place of employment is the main consideration.
In assessing suitability, officers should take into account whether the employment is genuine and effective, not marginal and ancillary; and likely to be long term. Officers should consider whether similar employment is available in the district in which the temporary accommodation is located or within travelling distance of the temporary accommodation. Placement in temporary accommodation should not result in the loss of employment that is genuine and effective, not marginal and ancillary; and likely to be long term. Affordability of the accommodation once any increased cost of travelling is taken into account will also be a consideration.
Education:
Officers should consider whether the applicant has any children living with them:
at a special school in Croydon living with them . Applicants with children at a special school will normally be prioritised for accommodation which enables them to continue attending that school.
receiving special educational learning support in Croydon, for example: children with a Statement of Educational Needs (SEN), Education, Health and Care Plan (EHC) or Learning Disability Assessment (LDA), how complex the support is and, whether transferring them elsewhere would create significant risk to the safety and sustainability of the educational support. These households will normally be prioritised for in-borough accommodation if the educational support cannot be transferred elsewhere.
attending a Croydon pupil referral unit. Accommodation may be within or outside Croydon; the issue to consider is whether the child/renare able to continue their education at the pupil referral unit.
aged 15-17 and undertaking studies in a Croydon school which lead to public examinations. Accommodation may be within or outside Croydon; the issue to consider is disruption to their education at this key stage.
In some cases, officers may decide that an earlier offer of accommodation a long distance from the borough is the most suitable option; for example where an applicant placed in emergency accommodation outside the borough has children living with them and in education in the borough and where those children are too young to otherwise unable to commute to school and back again unaccompanied. Where this is placing undue pressure on the family, providing longer term accommodation a long distance from the borough, where school places can be secured could relievethis pressure.
Care and support:
Officers should consider, in consultation with relevant professionals involved in the applicant’s care and support whether:
the applicant and/or members of their household are receiving extraordinary levels of support from extended family which could not continue if the family or vulnerable adult moved away. Out of borough accommodation may be suitable if the household is receiving support from extended family and this could continue if the family was settled in accommodation out of borough but but still able to travel and provide the necessary support.
the applicant and/or their household has complex needs and are engaged with services and a move some distance from the borough may severely disrupt this engagement thus creating significant risk to the safety and sustainability of the caring arrangement.
the applicant and/or their householdis receiving such a significant package of care, from a variety of providers, that transferring them elsewhere will create significant risk to the safety and sustainability of that care
there are child protection concerns. Out of borough offers are normally considered unsuitable for families where there are child protection concerns, unless it is deemed suitable by an appropriate child protection officerfor the family to be placed out of boroughand, therefore the applicant should be prioritised for an in-borough offer of accommodation.

How we will determine suitability:

7.1.Suitability will be determined with reference to homelessness legislation, statutory guidance and case law. Suitability is determined in relation to the applicant and to all members of his/her household who normally reside with him/her, or who might reasonably be expected to reside with him/her.

1.1. In particular, officers will have regard to the following:

7.1.1.That the property is suitable in relation to existing suitability requirements that relate to space and arrangement.

7.1.2.That the accommodation is affordable[2]

7.1.3.The Homelessness (Suitability of Accommodation) (England) Order 2012-Part 2 (in making Private Rented Sector Offers)

7.1.4.Any other matters and issues that relate to the applicant’s particular circumstances and that of any other household members who might reasonably be expected to reside with the applicant. The applicant should keep the Council informed of all changes in their family composition and their circumstances.

7.1.5.All existing legislation, statutory guidance and case law relating to making suitable offers and accommodation, and specifically Chapter 17 of the Homelessness Code of Guidance.

Affordability
The Homelessness (Suitability of Accommodation) Order 1996 (SI 1996/3204) sets out the matters that should be taken into account in determining whether or not accommodation is affordable. These include the financial resources available to the applicant, their costs in respect of their accommodation and, their other reasonable living expenses. The Homelessness Code of Guidance 2006 sets out that, in considering the applicant’s residual income after meeting the costs of the accommodation, the Secretary of State recommends that housing authorities regard accommodation as not being affordable if the applicant would be left with a residual income which would be less than the level of income support or income based jobseekers allowance that is applicable to the applicant, or would be applicable if he or she was entitled to claim such benefit.
Placement in Croydon or surrounding boroughs is subject to suitable accommodation being available and the applicant being able to afford accommodation in these areas. Each household will undergo an affordability assessment, and whether or not they have sufficient residual income will depend upon their individual circumstances. Placement in accommodation by the council does not imply that the rent will be covered in full by welfare benefits or that the council will pay any shortfall. The council does have the discretion to apply reasonable charges for a household, at a level less than full rent, who would otherwise not be able to pay the rent[3]. The decision to do so will be taken at the Director of Housing Need’s discretion.
Even where affordable accommodation is available in the borough there may be clear benefits for the applicant being accommodated outside the borough. This could be because: (1) the applicant, and/or any member of the household would be at risk of domestic or other violence in the borough and therefore need to be accommodated out of the borough to reduce the risk of coming into contact with the perpetrator of the violence; or (2) the applicant may be an ex-offender or a drug/alcohol user and would benefit from being accommodated outside the borough to help break links with previous contacts which could exert a negative influence.
Refusal of accommodation and right to review
The Council operates a “one offer only” policy, however, when put forward for certain schemes, for example the Landlord Bond Scheme, the actual landlord of the property may select from a number of applicants nominated, to move into their property.
Applicants will be notified of all relevant matters including: the reasons why the authority consider the property to be suitable, the consequences of refusal and their right to accept the property and to seek a review of suitability at the point of offer. Applicants will receive a written decision letter confirming the Council’s position on the suitability of the offer after its refusal, stating reasons for why the decision has been taken.

9.3.Applicants have the right to request a review from a more senior officer. The review process allows for the applicant to make representations and avail themselves of professional qualified legal advice. If this review concludes that the property was suitable, applicants have the right to challenge the decision further by way of an appeal (on a point of law) to the County Court.

9.4.If the offer is refused, the council’s housing duty may be ended or intentional homelessness result.

Support and resettlement:

10.1.A Temporary Accommodation Support Officer is available to provide practical support to applicants placed in shared bed and breakfast accommodation within Croydon. Applicants who are offered properties outside Croydon will be provided with advice and support on matters such as securing places at local schools, amenities, health care services, employment and will be offered assistance with any claims for welfare benefits. Support with removals and travel costs may be provided. All applicants have access to online information which covers areas such as how to access education, pre-school places and health services when moving to another area as well as information on local services in areas with a significant supply of interim accommodation.