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

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

3. 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.

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

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

7. 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

8. 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

9. 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

10. 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

11. 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.

12. 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.

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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.

20. 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.

21. 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

22. 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

23. 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

25. 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

26. 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)

27. Any Questions?

28. Workshop Case Studies A

30. 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

31. 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

32. 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

33. 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

34. Any Questions?