Getting to grips with the Homelessness Reduction Act: Making a difference to homelessness prevention in the North East Andrew Burnip: Andrew.burnip@crisis.org.uk

Crisis @ 50

No One Turned Away: Aim: to examine the quality of information and advice available to single homeless people Eight mystery shoppers with previous experience of homelessness made 87 visits to 16 local authorities across England to try and access help In 50 out of 87 visits mystery shoppers received no help at all or very limited assistance E.g. generic information about the PRS and other third sector organisations who may be able to help or brief advice about the benefits system Significant regional differences in the quality of assistance and service – with LAs outside of London performing better

Current Legislation: S.188 – where there is reason to believe: Homeless (within 28 days) Eligible Priority need. Council must provide TA during their enquires: Intentionality Local Connection. Plus a general duty on housing authorities to provide homelessness prevention advice and information free of charge & to publish a homelessness strategy.

Current prevention power: Code Of Guidance: July 2006 DCLG Grant funding £315m by 2019/20 In total £1 billion by 2020

Rough Sleeping Increased by 132% since 2010 and by 16% since 2015 increase have been higher in the South of England at 166% and London at 132% since 2010 In the past year there was a higher increase in rough sleeping levels outside of London at 21%, compared to only 3% in the capital

Main Causes of Homelessness

Homelessness Reduction Act Key changes to current legislation: Duty to provide advisory services: Requires free homelessness advice and information services to be provided to all residents AND to provide advice designed with certain vulnerable groups in mind, including victims of domestic abuse, care leavers, former armed forces, people leaving custody, people leaving hospital and people with mental health issues. Advice MUST include: Prevention of homelessness Securing accommodation when homeless The rights of applicants and Local Housing Authority duties. Help available to people threatened with or homeless How to access the available help. (can be outsourced)

Homelessness Reduction Act Key changes to current legislation: Without the need to consider priority need or intentionally homeless: Provide free information and advice on preventing and alleviating homelessness for all residents. Prevention duty doubles from 28 to 56 days for households that are threatened with homelessness. A valid section 21 notice that expires within 56 days will trigger the duty. Those already homeless will receive help to secure accommodation for 56 days.

Homelessness Reduction Act Key changes to current legislation: Prevention Duty: Local Housing Authorities MUST take reasonable steps to prevent homelessness – this could involve assisting people to stay in their current accommodation or helping to find a new home. Relief Duty: Local Housing Authorities MUST take reasonable steps to help the applicant to secure suitable accommodation if homeless – for example, providing a bond guarantee, working with private landlords or through reasonable preference within allocations policy / nominations. LHAs cannot refer the prevention duty to another LHA. The relief duty may be referred if the applicant has no local connection and does have a connection to another area where they would not be at risk.

Homelessness Reduction Act Key changes to current legislation: Assessments & Personalised Housing Plans: Local Housing Authorities MUST carry out an assessment of the circumstances and needs of ALL eligible applicants who are homeless, or threatened with becoming homeless within 56 days – whether or not they have a priority need or maybe intentionally homeless. The assessment includes the circumstances leading up to the threat of homelessness, housing needs and support needs and must be shared with the applicant. A personalised Housing Plan MUST be drawn up which sets out the reasonable steps the authority and the applicant will take and other agencies / people as appropriate)

Homelessness Reduction Act Key changes to current legislation: Duty to co-operate: The personalised plan may contain mandatory and recommended actions. Reasonable steps must be practical and realistic – taking into account the individuals needs and wishes and the availability of relevant support services and the local housing markets. Duty can be ended if an applicant deliberately and unreasonably refuses to co-operate.

Homelessness Reduction Act Key changes to current legislation: Duty to co-operate: LHA must give notice to the applicant who has deliberately and unreasonably refused to cooperate with duties or to take any steps set out in the personalised plan. LHA must first issue a warning letter notifying the applicant of the intention to issue a notice bringing the prevention or relief duty to an end. Reasonable period must elapse before the housing authority may serve a notice under section 193B(2) Right to request a review of decision to give the notice.

Homelessness Reduction Act Key changes to current legislation: Duty to Refer: Specific public bodies will be subject to a new duty to refer to a local authority their services users who may be threatened with homelessness. The service user must consent to a referral being made, and can choose which local authority they would like to be referred to. Secondary legislation will set out which public bodies will have the new duty to refer. The duty will commence from October 2018. Local Authorities need to develop their own local arrangements.

Homelessness Reduction Act Key changes to current legislation: Ending the Prevention & Relief Duty: Applicant has suitable accommodation for at least 6 months After 56 days (expect where a valid s 21 notice) Applicant has refused a suitable offer Applicant deliberately and unreasonably refused to cooperate Applicant is now homeless Applicant ceased to be eligible Application withdrawn Applicant is intentionally homeless from accommodation provided. AND The relief duty MUST end after 56 days for an applicant who has a priority need and is not intentionally homeless.

And finally……………. In the spirit of the law and not just the letter of the law! Local Housing Authorities Asking HOW can we help – not WHO can help! Culture change! Greater opportunity for partnership working. Greater emphasis on early intervention and prevention for ALL and a reduction in crisis presentations. Available & affordable accommodation? Increase in access to PRS – the main reason for homelessness Unreasonable actions – non cooperation Increase in challenges. Austerity & welfare reform……………. Increased gatekeeping – We still have empty social housing! Good councils will do more – others…please see point 1!

Thank you! Andrew.burnip@crisis.org.uk