Thanks to NPSS Resources Homeless Reduction Act 2017 PRIORITY FAMILIES MAY 2018 Gary Harvey Head of Housing Solutions. Thanks to NPSS Resources

Agenda 1996 Housing Act Part VII Background to HRA Legislation Clauses NCC Approach to delivery

Summary The new Act amends the Housing Act 1996 Part VII. Duties will have an impact on the way in which homelessness prevention services are delivered and how services should link to wider support such as training, employment and health to increase resilience to homelessness.

HA1996 Part VII Tests …Simplified Eligibility - immigration status Homelessness/ threat of homelessness within 28 days Priority need - vulnerability Intentionality - make yourself homeless Local Connection

Progress DCLG Inquiry Private members Bill All party support Royal Assent April 2017 Clause 13 , Intention to Commence April 2018

12 Clauses Homeless and threatened with homelessness Duty to provide advice Personal housing plans (PHP) Prevention duty Relief duty Duty to help secure accommodation Refusal to cooperate Local connection for care leavers Reviews of decisions ( s 202) Duty of public bodies to refer Codes of practice ( secretary of state powers) Suitability of PRS accommodation

Clause 1 Threatened with homelessness Change to “threatened with homelessness” Period change from 28 to 56 days A person may be threatened with homelessness if they have been served a valid s21 notice for shorthold tenancy and it expires within 56 days Aim to increase opportunity to prevent homelessness and get positive outcomes

Clause 2 Advice and Information S 179 HA 1996 advice and information free of charge to any person in the district on; Preventing homelessness Securing accommodation when homeless Rights of people who are homeless or threatened with homelessness The help available in the district from the LA or anyone else How to access that help Aim- Provide free advice and maximise prevention opportunities

Clause 3 Personal Housing Plan LA must assess and provide meaningful assistance to everyone who is homeless or threatened with homelessness regardless of priority need. Assess Circumstances, housing needs, accommodation needs and support needs Applicants must be notified in writing of the outcome of assessment Must be at least one face to face interview ( C of G) Following assessment the LA must seek to gain agreement from the applicant on reasonable steps within the housing plan Aim, to provide a personalised approach, tailored to need that is more effective in prevention and relief of homelessness. Prevention does not look at Local Connection or Priority Need as triggers for service. LA should determine and seek agreement on steps to secure and retain accommodation To be taken by the LA To be taken by the applicant Confirmed in writing, states agreement or not agreed Steps must be based on the assessment Must be kept under review until no duty is owed

Clause 4 Prevention duty S 195 duty to prevent homelessness Take reasonable steps to ensure the accommodation does not cease to be available Takes effect for 56 days, from the date the LA satisfied applicant is threatened with homelessness and eligible Aim to support LA’s to intervene earlier and prevent homelessness for all households. Prevention does not look at Local Connection or Priority Need as triggers for service.

Ending the duty to Prevent Applicant has suitable accommodation with reasonable prospects availability for at least 6 months 56 days expires ( LA has taken reasonable steps to prevent) Applicant becomes homeless Applicant refused an offer of suitable accommodation that had reasonable prospects of being available for at least 6 months Applicant becomes intentional from accommodation made available under LA reasonable steps Applicant ceases to be eligible Applicant withdraws application Notice served of deliberate and unreasonable refusal to cooperate. If the applicant refuses a reasonable offer of accommodation, with reasonable prospects of being available for 6 months, then becomes homeless, the Relief duty is still owed.

Clause 5 Relief Duty Duty to relieve homelessness owed to all who are homeless Unless subject to a referral the LA must take reasonable steps to help the applicant ensure accommodation becomes available for them for at least 6 months If reason to believe eligible homeless and in priority need interim accommodation duty owed under s188e To support LA and applicant to work together to find a solution tailored to the applicants circumstances, irrespective of priority need Any existing plan needs Review and update If no plan exists the LA must now issue one LA should determine and seek agreement on steps to secure and retain accommodation To be taken by the LA To be taken by the applicant Confirmed in writing, states agreement or not agreed Steps must be based on the assessment Must be kept under review until no duty is owed

Homelessness and s198A1 referrals If conditions are met it is now open to an LA to make a referral for the applicant to another LA at this point. LA’s no longer have to wait until the main duty is owed to make a referral of eligible households. Applicant must be notified when its been decided that conditions for referral are or are not met. Notice of decision and reasons Notifying LA is no longer subject to Relief duty or s188 duty from day of notification From the date of the second notice is issued to the applicant, if its decided conditions for a referral are met, they are to be treated as having applied to the notified authority. The s199A(2) accommodation duty ends and the notified authority will be subject to the relief duty s189B

Clause 6 Help to secure accommodation Reasonable steps are limited to “ help to secure” accommodation rather than secure accommodation, in each case To enable LA’s to make best use of available resources

Ending Relief duty The applicant has suitable accommodation available with the reasonable prospect of having the accommodation for at least 6 months The LA has taken reasonable steps but the 56 days expires The applicant refused an offer of suitable accommodation ( reasonable prospects of availability for 6 months) Applicant becomes intentional from accommodation that has been made available under reasonable steps to relieve homelessness Notice is served of deliberate and unreasonable refusal to cooperate Applicant accepts or refuses final accommodation offer Applicant accepts or refuses Part 6 offer If duty ended due to a refusal of any suitable accommodation e.g. supported housing and the applicant is in priority need the main housing duty still applies If applicant refuses a Final Accommodation Offer ( AST in the PRS) or Part 6 offer. The s193 main housing duty does NOT apply

Inquiries and final decisions Full duty (s 193) or Intentional duty does not apply until the relief duty ends LA can make its inquiries during the relief stage but would need to consider the consequences of making a decision before the duty would be owed LA may notify the applicant that the main duty ( s193)or intentional (s190) duty will not be owed at the end of the relief duty. This has the effect of ending the interim accommodation duty before the relief duty ends (s188(1ZA)(b) Issue s184 decision – Main duty owed s193 No main duty owed ( no priority need) S190 – intentional homeless

Clause 7 deliberate and unreasonable refusal to cooperate Required of applicants to cooperate with reasonable steps that the LA sets out to meet the prevention and relief duties 2nd officer must agree to serving notice Warning must be served and opportunity to comply, clear on the consequences, timescales for compliance. Prevention and Relief Duties can be ended in cases where the applicant deliberately and unreasonably refuses to cooperate with the reasonable steps To create and environment where the applicant will undertake to be proactive in working with the LA in order to prevent of relieve their homelessness Policy in place 2nd officers agrees Warning – opportunity to change- consequences

Clause 8 Care Leavers Ensures care leavers will be able to demonstrate a local connection either to; The area of the LA where they were looked after and owes them care duties, or For care leavers under 21, an area different to above but where they have lived for at least 2 years including some time before they were 16 years old. To ensure care leavers have a connection to areas they may feel at home and want to access assistance CofG, LA’s should attempts to avoid impact of intentionality on 16-25’s, have arrangements in joint protocols, PHP should reflect the pathway plan.

Clause 9 Right of Review New duties are subject to reviews but the existing regs do not apply Applicants can challenge all the new decisions made by LA’s 21 days response times for some of the decisions Reviews for Steps taken by LA Steps taken by applicant Duties owed to homeless or threatened with homelessness applicant who is eligible Ending prevention or relief duties Serving refusal to cooperate notice (s193A) Suitability of any Offer of accommodation (s193B) following the notice above (s193A) When legal advice sought the 21 day review clock does not start ticking until the advice has been received.

Clause 10 duty to refer To be IMPLEMENTED IN OCTOBER 2018 Establish appropriate partnership arrangements for appropriate referrals s213B requires public bodies to make referrals if they believe the person is threatened with or actually homeless Requires consent and choice of individual as to which LA they are referred Referenced in homelessness strategies and single point of access available

Clause 11 Codes of practice Sec of state power to issue codes on how LA’s should deliver and monitor functions To improve services Does not replace code of guidance New Code of Guidance just issued Feb 2018

Clause 12 Suitability of accommodation Amends existing Homelessness (Suitability of Accommodation) (England) Order 2012 Ensures suitability checks extend to include accommodation offers within the PRS – except for those offers for non-priority households under prevention or relief duties

Delivery Training for Housing Aid colleagues New IT implemented for compliance Development and piloting of PHPs in advance Training and engagement of Sector 300 Reinforce PRS team NPRAS Amend Allocations Policy ahead of a full review Amend and re-let commissioned services for HRA compliance Accommodation based, Independent Living Support, Rough Sleeping

In progress NPSS Pilot (ALERT) for duty to refer in October 2018 Web pages redesign Referral mechanisms for services review IT developments for shared data, referrals and housing plan delivery Customer Portal ( log into your own application and see the progress)

Any Questions? gary.harvey@nottinghamcity.gov.uk

Workshop Case Studies A

Workshop Case Studies A 1 Prevention or Relief? 2 What might arise in assessment? 3 What steps might be agreed for the LA? 4 What steps for the Applicant? For the following… A S21 Notice expires in 2 months, landlord selling property

Workshop Case Studies B 1 Prevention or Relief? 2 What might arise in assessment? 3 What steps for the LA? 4 What steps for the Applicant? For the following… B Introductory tenant, evicted today, single male, might be vulnerable

Workshop Case Studies C 1 Prevention or Relief? 2 What might arise in assessment? 3 What steps might be agreed for the LA? 4 What steps for the Applicant? For the following… C Rough sleeper, second night on streets, no reason to believe particularly vulnerable

Workshop Case Studies D 1 Prevention or Relief? 2 What might arise in assessment? 3 What steps for the LA? 4 What steps for the Applicant? For the following… D Family facing Mortgage Repossession, court hearing date in 6 weeks time

Any Questions? gary.harvey@nottinghamcity.gov.uk