The Homelessness Reduction Act

The Homelessness Reduction Bill  received Royal Assent and therefore became an Act of Parliament on 27th April 2017. The Homeless Reduction Act will place new legal duties on English Councils so that everyone who is homeless or at risk of homelessness will have access to meaningful help, irrespective of their priority need status, as long as they are eligible for assistance.

The Act will amend part VII of the Housing Act 1996

The Act draws on the work of an independent panel of experts established by Crisis (the national charity for single homeless people) in 2015 which favoured a framework similar to the one introduced by Housing Wales Act 2014.

The expert panels aim was to assess the strengths and weaknesses of the current legislation affecting single homeless people in England and to propose improvements to the legal framework to prevent and tackle single homelessness in England without undermining the rights people currently have under the existing system.

The new framework began as a Private Members Bill introduced to Parliament in June 2016 by Bob Blackman, backbench conservative MP for Harrow East.

The Bill was published following a homelessness enquiry conducted by the cross parties Communities and Local Government (CLG) Select Committee and takes into account the committee’s pre-legislative enquiry.

FIVE KEY CHANGES IN THE HOMELESS REDUCTI0N     ACT

  1. IMPROVED ADVICE AND INFORMATION ABOUT HOMELESSNESS AND THE PREVENTION OF HOMELESSNESS

A review of the current homeless legislation found that the advice and information provided to single homeless people needed to be much more effective. Under the Homeless Reduction Act everyone in a local authority’s district should be able to access free information and advice on

  • Preventing Homelessness
  • Securing accommodation when homeless
  • The rights of people who are homeless or threatened with homelessness and the duties of the authority
  • Any help that is available from the authority other agencies and charities
  • How to access that help

Advice and information should be designed to meet the needs of particular groups for example Care Leavers, people suffering with a mental illness or impairment and any other groups as identified as being at risk of homelessness.

  1. EXTENDED THE PERIOD THREATENED WITH HOMELESSNESS

Under the current legislation an applicant is only assessed as threatened with homelessness if they are likely to become homeless within 28 days. Under the new legislation this period is extended

The extension aims to encourage local authorities to act quickly and proactively and will allow local authorities more time to prevent homelessness.

 

  1. DUTY TO ASSESS ALL ELIGIBLE APPLICANTS CASES AND AGREE A PERSONALISED HOUSING PLAN

The first step in the amended framework is for LA’s once they have satisfied that someone is homeless or threatened with homelessness and is also eligible for assistance, is to carry out an assessment of the applicant’s case. These assessments should include the circumstances that have caused homelessness and what housing the applicant needs, what accommodation would be suitable and whether the applicant and their household need support to obtain and keep accommodation.

  1. PREVENTION DUTY IN CASES OF THREATENED WITH HOMELESSNESS

If a LA is satisfied someone is threatened with homelessness and is eligible regardless of local connection the LA must take reasonable steps with regards to the assessment to help them avoid becoming homeless.

Once triggered the prevention duty will continue for 56days until it is brought to an end via one of the prescribed conditions i.e. they accept accommodation that has reasonable prospect of being available for at least 6months.

Applicants have a right to request a review of a decision to end this duty.

RELIEF DUTY IN CASES WHERE THE APPLICANT IS HOMELESS

Under this clause the LA must take reasonable steps with reference to the applicant’s assessment to help all eligible applicants to secure accommodation for at least 6months unless the applicant is referred to another local authority due to having no local connection to the local authority they have applied to.

Once triggered the relief duty will continue for a further 56 days unless it is brought to an end via one of the prescribed conditions.

Additionally all people who are found to be homeless and in priority need, will be provided interim accommodation. Assessments on vulnerability to determine priority need will not change under the new legislation however it may require LA’s working closely with agencies to complete these assessments.

Applicants who have a priority need and were homeless unintentionally and whose homelessness has not been successfully relieved after 56days will be owed the main housing duty unless they refuse co-operate.

Applicants are owed a lesser accommodation duty if they are intentionally homeless.

5. PUBLIC BODIES –DUTY TO REFER

The duty to refer comes into effect October 2018

Effective prevention and relief of homelessness requires public bodies to work together.

Where a public body considers that someone they are working with is or may be threatened with homelessness they MUST and only with the persons consent refer to the local authority homeless team.

The public bodies that are subject to the duty to refer have been identified as:

  • Prisons
  • Youth offender institutions
  • Secure training centres
  • Secure colleagues
  • Youth offending teams
  • Probation service (including community rehabilitation companies
  • Jobcentre Plus
  • Social service
  • Emergency departments
  • Urgent treat centre
  • Hospitals in their function of providing in patient care.