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CHAPTER 9 - ACCOMMODATION
9.1
Summary - this chapter sets out a local
authority's accommodation duties towards applicants who are
homeless or threatened with homelessness, and guidance on
how the duties are fulfilled. It includes guidance on the
new Homeless Persons (Unsuitable Accommodation) (Scotland)
Order 2004.
9.2 When securing accommodation for applicants the
priority for local authorities must be to minimise the risk
of homelessness recurring. This is not only in the
interests of the applicant, who should be able to
establish, or re-establish, a settled way of life, but also
in the interests of local authorities, as repeated
applications give rise to additional administrative
costs.
9.3 Accordingly, when making accommodation available,
local authorities should always seek to secure long-term
solutions to homelessness. This should include
consideration of the wide range of factors which may impact
on resettlement - in particular the household's
requirements in terms of proximity to family and friends
and the accessibility of healthcare, employment, education
and training and support providers.
Local Authority Accommodation Duties
9.4 Local authorities have a range of accommodation
duties under the homelessness legislation and these are
described below in paragraphs 9.5 to 9.42. All references
are to the 1987 Act unless otherwise stated.
Interim Duty To Accommodate (section 29 of the
1987 Act as amended by section 9 of the 2003
Act)
9.5 If an authority has reason to believe an applicant
is homeless it has an interim duty to secure accommodation
until it has reached a final decision on their application.
This duty continues during the process of review if one is
requested.
9.6 Where the authority's decision is that it has a duty
to provide accommodation under section 31 the interim duty
continues until the section 31 duty is discharged.
Ministers have the power to specify by statutory instrument
accommodation which cannot be used to fulfil this interim
duty - this power was used to make the Homeless Persons
(Unsuitable Accommodation) (Scotland) Order 2004:
The Homeless Persons (Unsuitable Accommodation)
(Scotland) Order 2004
9.7 Many local authorities, through their homelessness
strategies, have been reducing the use of B&B
accommodation for homeless families with children. The
Homelessness etc. (Scotland) Act 2003 contained a provision
which allowed Scottish Ministers to create regulations
which would limit the use of B&B across Scotland,
establishing consistency in this area of homelessness
practice.
9.8 The Executive has made a new Order on standards
which temporary accommodation for households with children
and pregnant women must meet. The purpose of this Order is
to put an end to the routine use of B&Bs and other
unsuitable accommodation for these households:
9.9 Under this Order (which came into force in December
2004) local authorities cannot put households with children
and pregnant women into "unsuitable" temporary
accommodation unless exceptional circumstances apply.
Exceptional circumstances are intended to give flexibility
to councils when meeting their new duty, as well as giving
families the ability to exercise choice in whether to stay
in unsuitable accommodation beyond 14 days.
9.10 The Order is made under section 29 of the 1987 Act
(as amended by the 2001 and 2003 Acts) which gives local
authorities the duty to provide accommodation to people who
apply for homelessness assistance whilst their applications
are being assessed, until it has reached a final decision
on their application. This duty continues during the
process of review if one is requested.
9.11 Where the authority's decision is that it has a
duty to provide permanent accommodation under section 31
the interim duty to provide temporary accommodation
continues until the section 31 duty is discharged.
9.12 Note that these regulations do not just cover
B&Bs, but go wider to cover any temporary accommodation
used by
LAs in fulfilling this duty.
9.13 The regulations set out what is meant by unsuitable
accommodation and then specify the "exceptional
circumstances" in which this unsuitable accommodation can
be used. In all other circumstances, unsuitable
accommodation cannot be used. Some exceptional
circumstances have an associated time limit of 14 days,
others do not.
9.14 In the Order unsuitable accommodation is defined by
reference to three different types of standards:
9.15 the "physical" standard; (section 2(3)(a) of the
Order) : accommodation must:
- be within the local authority's area.
This is to prevent households with children being
placed out of area and into accommodation where other
clients may pose a risk to children, which the local
authority may not be aware of. It also helps to
preserve access to support services offered by the
local authority;
- provide adequate bedrooms and adequate toilet
and personal washing facilities for the exclusive use
of the household.
LAs should use their own
HMO standards when considering if
accommodation meets this standard;
- provide adequate cooking facilities -
as above facilities should meet
HMO standards. Note that cooking
facilities can be shared with other households in the
accommodation - subject to what
HMO standards define;
- provide the use of a living room (the
purpose of this is to allow any children space to play
and do homework) - again, as with the cooking
facilities, this does not have to be for the exclusive
use of the household;
- be usable by the household for 24 hours a
day. The purpose of this is to prevent
households being locked out of the accommodation for
part of the day, as can be common practice in some
sorts of temporary accommodation.
9.16 the "proximity" standard (section 2(3)(b) of the
Order): accommodation must:
- h
ave health and education facilities and
services in the locality which are being used or might
reasonably be expected to be used by the applicant.
These facilities must be accessible from the
accommodation, taking into account the distance of
travel, by public or local authority-provided
transport. (Some authorities provide travel
expenses to families to help children access schools
that may otherwise be out of reach because they are
living in B&B accommodation.)
The purpose of this is to allow households to access the
same types of services that they have used in the past or
can be expected to use in the near future. This is because
many households who become homeless and are moved to
temporary accommodation lose access to schools, and health
provision. Whilst it is ideal for households to continue to
be able to access the same facilities that they've accessed
in the past - it is recognised that this is not always
possible. So it is acceptable under this standard to ensure
that similar facilities are accessible.
LAs should also ensure that the
facilities which are being counted as being accessible must
be genuinely accessible to the household. It is no good
ensuring that a household is near a
GP if that particular
GP will not allow the household onto
their list.
9.17 the "safety" standard (section 2(3)(c ) of the
Order):
- accommodation must be suitable for occupation
for use by children. The purpose of this is to
ensure that the Local Authority is satisfied that
overall, the accommodation does not pose significant
risk. Local authorities will need to use their judgment
in deciding the possible risk posed by any sort of
accommodation, ideally after carrying out a risk
assessment both of the accommodation and also of the
people associated with the accommodation - residents
and workers.
9.18 If the accommodation does not meet these standards
then it is unsuitable accommodation in terms of the
Order.
9.19 The Order provides for exceptional circumstances in
which accommodation which does not meet the physical and/or
proximity standards may be used.
Note that the safety standard must always be
met. Local authorities may use unsuitable
accommodation which fails the physical and/or proximity
standard if one or more of the following exceptions
applies:
9.20 Exception 3(3)(a).
Where a local authority has reason to believe that
an applicant may be homeless or threatened with
homelessness as a result of an emergency such as a flood,
fire or other disaster. The use of unsuitable
accommodation is not subject to a time limit in this
case.
9.21 Exception 3(3)(b).
Where the local authority makes available
accommodation which meets all the standards and the
applicant expresses a wish to be placed in unsuitable
accommodation. This is not subject to a time
limit. The purpose of this is to allow for the fact that
some applicants may choose to stay in unsuitable
accommodation if it offers other advantages, for example
proximity to family or employment. In this circumstance the
applicant must have been offered suitable accommodation by
the local authority -
i.e. there must have been a genuine choice
made available to the applicant. In addition, this must be
an informed and uncoerced decision by the applicant, it
must be subject to regular review, and the applicant must
have had access to independent housing advice before making
the decision. Note that the safety standard must still be
met.
9.22 Councils should ensure that the family has
sufficient time to consider whether or not they wish to
stay in the B&B. For example, contacting the family
within two days of the 14 day deadline for them to leave,
and asking whether or not they want to stay or not, will
not give enough time for the family to consider the offer
of suitable accommodation, and obtain independent advice to
inform their decision. Best practice would suggest that on
the point of entry to the B&B, the family's options are
explained to them, and they can spend the 14 days accessing
housing advice and considering those options.
9.23 Exception 3(3)(c).
Where the accommodation is either a women's refuge
or is owned by a local authority in which services are
provided to a household for the purposes of health, child
care or family welfare. The purpose of this is to
allow women's refuges or local authorities to continue to
use accommodation which may not meet all the standards but
which nevertheless offers other advantages to the
household. A lot of
LA-owned accommodation has associated
services and many
LAs consider it preferable for
households to stay in such accommodation if they have
issues which can be addressed through these support
services.
9.24 Exception 3(3)(d).
Where the applicant applies to the local authority
for assistance outwith normal business hours. In
this circumstance unsuitable accommodation can only be used
for 14 days. The intention is for this exception to be used
in the case of emergency "out of hour" presentations.
9.25 Exception 3(3)(e).
Where there is no other accommodation suitable for
occupation by an applicant with family commitments
available to a local authority. In this
circumstance unsuitable accommodation can only be used for
14 days.
9.26 If more than one exceptional circumstance applies,
then the one which has no time limit will override one
which does have a time limit. For example if a household
presents as out of hours and expressly wishes to stay in
particular accommodation which fails standards (but not the
safety standard described at paragraph 9.17 which must
always be met) when other accommodation which meets all
standards has been offered to them, then no time limit will
apply.
9.27 The time limit of 14 days for some exceptional
circumstances applies during any one period of
homelessness, ie from presentation to resolution.
9.28 If a woman staying in temporary accommodation
becomes pregnant then the local authority will be expected
to act in accordance with the Order when they become aware
of the pregnancy.
Referral to another local authority (section
34)
9.29 Where a local authority refers an application to
another local authority on the basis of local connection
(see chapter 8), the referring authority is obliged, under
section 34, to secure that accommodation is available for
the applicant's occupation until the outcome of the
referral is decided. Local authorities should bear in mind
the possibility that transitional arrangements may be
required when this duty expires (
e.g. where the conditions for referral are
satisfied but the notified authority has not yet provided
accommodation or where the conditions are not accepted but
the notifying authority does not have permanent
accommodation available immediately).
Temporary Accommodation with advice and
assistance (section 31(3))
9.30 Where the applicant is assessed as not having a
priority need for accommodation or as being intentionally
homeless, the duty is to secure that accommodation is made
available for such a period as will give the applicant a
reasonable opportunity to find alternative accommodation
for him or herself.
9.31 These applicants must also be given advice and
assistance in their attempts to find alternative
accommodation, as set out in the Homeless Persons Advice
and Assistance (Scotland) Regulations 2002 (see Chapter
10).
Discharge of temporary accommodation
duty
9.32 A 'reasonable opportunity', should be assessed in
terms of the circumstances of the applicant, including
consideration of factors (such as disability, addiction,
mental health problems, chaotic lifestyle) which may
adversely affect their ability to secure accommodation; and
also local housing conditions including how readily
alternative accommodation is available in the area.
9.33 In any situation where an authority has provided
advice and assistance which takes account of the
availability of alternative accommodation, and takes
account of the circumstances of the applicant, but no
reasonable options have been identified, the applicant
cannot then be deemed to have had a 'reasonable
opportunity' of securing accommodation. The local
authority's duty to provide accommodation therefore
continues in this instance.
9.34 Where an applicant has a reasonable opportunity to
secure accommodation and fails to take this opportunity the
local authority's duty to provide accommodation ends. If
the applicant then re-applies and is assessed again as
homeless but not in priority need, or in priority need but
intentionally homeless, the authority should assess whether
the 'reasonable opportunity' afforded to the person is
still valid and relevant to the applicant's
circumstances.
9.35 In cases where the applicant's circumstances have
changed, or where the advice and assistance is no longer
relevant or current, then the authority will be obliged to
accommodate them for a further period which is considered
will give a reasonable opportunity of securing
accommodation. Conversely, if the applicant's circumstances
have not changed, and the advice and assistance previously
offered remains the most up-to-date and relevant possible,
then local authority may be deemed to have discharged its
duty.
9.36 A house let expressly on a temporary basis, for a
term of less than 6 months, to fulfil a local authority's
duties under Part II of the 1987 Act will not constitute a
Scottish secure or an assured tenancy.
Permanent accommodation (section 31(2) of the
1987 Act)
9.37 The 2001 Act amended the 1987 Act to clarify that
where the applicant is assessed as having a priority need
for accommodation and unintentionally homeless the
authority has a duty to secure the provision of permanent
accommodation. This removes the position established in the
case of R v London Borough of Brent ex parte Awua (the
"Awua judgement") where the House of Lords had decided the
accommodation did not need to be permanent or settled.
9.38 Permanent accommodation is defined by section
31(5)(a) and (b) as accommodation secured by a Scottish
Secure Tenancy or, in the private sector, by an assured
tenancy which is not a short assured tenancy. Section
31(5)(c) allows for the provision of a short Scottish
Secure Tenancy where a member of the applicant's household
is subject to an
ASBO or where an order for repossession
has been made against the prospective tenant(s), within the
past 3 years, on grounds of anti-social behaviour or
illegal/immoral activity.
The Homeless Person Interim Accommodation
(Scotland) Regulations 2002.
9.39 Local authorities may provide accommodation other
than permanent accommodation in the circumstances
prescribed by The Homeless Person Interim Accommodation
(Scotland) Regulations 2002. These circumstances are:
a) a housing support services assessment for an
applicant has concluded that the applicant or any other
person residing with that applicant requires housing
support services which cannot reasonably be provided within
permanent accommodation; and
(b) as a result of that housing support services
assessment, the local authority is providing an applicant
or any person residing with that applicant with interim
accommodation together with housing support services in
connection with that interim accommodation which
include-
(i) all services required in terms of the housing
support services assessment;
(ii) access to independent advocacy and information
services in connection with the services;
(iii) a timetable, agreed with the applicant, for the
provision of the interim accommodation and housing support
services;
(iv) an end or review date for the provision of services
and interim accommodation, which date shall not be later
than a date six months from the date on which the interim
accommodation was first provided;
(v) a written record of the housing support services
assessment, the services that are to be provided and the
timetable; and
(vi) a mechanism to monitor the use of interim
accommodation and the long term outcomes for each
applicant.
9.40 Local authorities should ensure that the individual
circumstances of the applicant are examined on a case by
case basis and that the regulations are not invoked
automatically for certain categories of applicants (
e.g. young people or people with learning
difficulties).
Threatened with homelessness (section 32(2) of
the 1987 Act)
9.41 Where an applicant is still in accommodation but is
assessed as being unintentionally threatened with
homelessness and in priority need, a local authority has a
duty under to ensure that accommodation does not cease to
be available for occupation.
9.42 If it is not possible to prevent the loss of the
accommodation, the authority must ensure that other housing
becomes available. Unless there is a change of
circumstances the household will still be in priority need
and unintentionally homeless and therefore this
accommodation should be provided on a permanent basis.
Provision of accommodation
Temporary and interim accommodation
9.43 Homeless people should not be placed in temporary
accommodation unnecessarily, and their time there should be
as short as possible. Care should also be taken to avoid
moves between temporary placements particularly for
households with children. Moves are disruptive, and can
exacerbate existing social or health problems including
mental illness, hinder continuity of education and
employment, can lead to repeat homelessness and in the
worst cases can cause families to split up. Temporary
accommodation will also tend to be more expensive than
permanent accommodation, particularly if there are moves
from one temporary accommodation to another.
9.44 However, it is recognised that homeless people may
sometimes need to be accommodated in temporary
accommodation until permanent accommodation becomes
available; or in interim accommodation for the purposes of
providing support which will enable them to sustain a
tenancy in the long term.
9.45 In all cases the ultimate aim should be to move
residents of temporary or interim accommodation on to
permanent accommodation, as quickly as possible whilst also
ensuring that this is only done at a time when the
household is able to sustain permanent accommodation. The
objective should be to enable people to have a home of
their own which meets their needs, and enables them to live
independently. Care should be taken to provide for the
particular needs of families, young people and groups who
currently find it difficult to access or sustain any form
of accommodation - such as people with problematic alcohol
or drug use, people with mental health problems and people
with challenging behaviour.
Bed and breakfast
9.46 It is essential that local authorities explore all
alternatives to bed and breakfast hotels or other similar
establishments, and use them only as a last resort. They
are expensive, and can never be regarded as a permanent
home for applicants. If local authorities do arrange bed
and breakfast in guest houses or hotels, they should ensure
that it is for as short a period as possible. The
arrangements must allow homeless people to use the rooms
during the day and should include access to cooking
facilities.
Hostels
9.47 Local authority hostels, or hostels run by
voluntary bodies, can be a useful form of short-term
accommodation, as long as these hostels are reasonably
small-scale and are an appropriate environment in which to
deliver support if required. They may therefore be
appropriate for the needs of some individuals. Different
models of hostel accommodation may be suitable for
different applicants: for example, small high-support units
may suit some young people or communal accommodation can
enable households at crisis point to have some relief for a
short period from coping alone; and the company of other
people who have gone through similar problems can be
helpful.
9.48 However, local authorities should be clear which
people are suitable for each hostel (outside bodies will
have admission criteria for their own hostels), and seek to
place people according to such factors as their support
needs, if any, and the likely length of stay. Hostels
required to register with the Care Commission under the
Regulation of Care (Scotland) Act 2001 (the Act) will be
regulated by the Commission against the requirements of the
Act, its associated regulations and the relevant National
Care Standards.
9.49 Move-on arrangements should be clearly planned from
the time the homeless person first enters the hostel - move
on will vary according to the individual's needs, for
example from direct access to medium term supported
accommodation, in addition to move on permanent
accommodation. The management of hostels should be resident
centred, and staff trained in the necessary skills
according to the needs of the residents. In some cases,
support services will be supplied by social work, health,
training or other agencies.
9.50 Regulations will be made under section 7 of the
2001 Act which will set out standard terms to apply to
occupancy agreements between hostel residents and
providers. Guidance will be issued when the regulations are
made.
Lodgings
9.51 For some homeless applicants, particularly single
people without support needs, lodgings in privately owned
accommodation may offer suitable housing. Local authorities
should seek to establish and maintain links with owner
occupiers and other potential landlords who are willing to
offer lodgings to homeless people. Authorities should
ensure that the accommodation offered is of an acceptable
standard.
Private sector leasing
9.52 The leasing of private sector accommodation can add
to the supply of good quality temporary accommodation,
including in sparsely populated areas where normal lets may
occur infrequently. In particular, it can be used in rural
areas to continue 'winter only' lets over the summer where
the occupants would otherwise become homeless. However,
such leases may be expensive, though usually cheaper than
bed and breakfast. There may be advantages to the local
authority undertaking the management of the property itself
rather than leaving this to the landlord. This is
particularly useful where several successive placements are
expected during the course of a lease, or support services
have to be provided.
Mobile homes
9.53 Although mobile homes or caravans may sometimes
provide temporary accommodation for single people or
childless couples; or in remoter areas to allow people to
remain close to families, friends or employment, they are
generally not satisfactory, even as temporary housing. Any
mobile homes used must be built to modern day standards
with high levels of insulation, security and stability, and
sites must conform to "Scottish Executive Model Standards
for licensed residential caravan sites, holiday caravan
sites and touring caravan sites" [
SDD Circular 17/1990].
Local authority stock
9.54 Where a local authority is using its own stock to
provide temporary or interim accommodation, it should
ensure that this allows a balance to be struck with duties
to provide permanent accommodation to other applicants. A
regular turnover of council properties used for temporary
accommodation should be considered, to avoid particular
dwellings being identified and possibly stigmatised as
'homeless accommodation', while allowing a cost-effective
life span for individual properties. Local authorities may
also wish to consider engaging the local communities in
which these properties are located in order to counter any
negative stereotyping of homeless people.
Permanent accommodation
9.55 Section 32(5) states that a local authority cannot
fulfil its accommodation duties to a homeless household
through the provision of accommodation which is overcrowded
within the meaning of section 135, may endanger the health
of the occupants, does not meet any special needs of the
household or is not reasonable for the applicant to
occupy.
9.56 Under section 32(8) of the 1987 Act any
accommodation provided must be suitable for occupation by
any children in the household so far as is consistent with
their best interests.
9.57 Local authorities' duty to secure accommodation for
unintentionally homeless people in priority need would be
fulfilled by a single offer of housing, even if this is
refused by the applicant, provided that the offer was a
reasonable one. Homeless people should however be treated
on the same basis as other housing applicants to local
authorities in relation to the number of offers of
accommodation they receive, where the local allocation
policy is offers based.
Determining a reasonable offer
9.58 In general local authorities should take into
account the importance of offering homeless people a
genuine choice of accommodation, as this is more likely to
ensure sustainable resettlement. In meeting urgent
homelessness cases, local authorities may have to use what
houses may be immediately available, including non-council
housing. However, in considering what is a reasonable
offer, local authorities should take into account the
particular circumstances and needs of the applicant and
their household. (see also chapter 5).
9.59 Local authorities should also take into account the
sustainability of the accommodation for that particular
applicant. Examples of poor practice might include placing
people in hard to let housing which may merely exacerbate
the problems which led to homelessness in the first place,
leading to homelessness recurring; or placing families with
social or other problems in the same area, which can cause
problems for both those from the area itself and for
housing management.
Reasonable preference
9.60 Local authorities and Registered Social Landlords
have a duty under section 20 of the 1987 Act to give
reasonable preference in the selection of their tenants to
people assessed as being homeless.
9.61 It should be noted that this reasonable preference
extends to all those who are assessed as homeless,
regardless of the outcome of further assessment into
priority need or intentionality. Homeless people should
always be included in local authorities' mainstream
allocation system as from the date of their application,
rather than at a later date. This duty to give reasonable
preference also extends to those occupying houses which are
overcrowded, below the tolerable standard, or provide
unsatisfactory housing conditions, and to large
families.
9.62 What degree of preference is 'reasonable' is a
matter of judgement but, at the very least, homeless people
should not be given lesser preference than the other
specified groups. These reasonable preference requirements
do not prevent priority being given to other groups of
applicants besides those listed in section 20, and local
authorities still have to consider applications from
homeless or other people on their individual merits.
Scottish Executive guidance on the "Housing (Scotland) Act
2001 - Housing Lists and Allocations" was issued in
February 2002.
28
Choice-based lettings
9.63 There is a growing interest in choice-based
approaches to lettings. Any scheme operated
must meet statutory requirements particularly in
terms of assessing and prioritising applicants who meet the
reasonable preference criteria. A choice-based system must
be consistent with statutory duties under the homelessness
legislation, including discharge of any duty owed.
Accommodation held by
RSLs/voluntary organisations/private
landlords
9.64 Under section 35, the local authority has freedom
to fulfil duties to provide accommodation for homeless
people either by making use of council housing or by
obtaining accommodation from other providers in the social
rented or private sectors.
9.65 Where a local authority has a duty under section
31(2) to secure the provision of accommodation for an
applicant in priority need, a Registered Social Landlord in
its area must, within a reasonable period, comply with an
authority's request to provide this accommodation unless it
has a good reason for not doing so (section 5 of the
Housing (Scotland) Act 2001).
9.66 The Scottish Executive has issued guidance under
section 5(7) of the Housing (Scotland) Act 2001
29 on the length of the reasonable period and on what
constitutes good reasons for non-compliance with a request.
This sets out that where a request is made, an
RSL should comply by providing
accommodation within 6 weeks unless it has a good reason
for not doing so. The guidance states that where an
RSL is unable to make appropriate
accommodation available within 6 weeks this shall
constitute a good reason for non-compliance. The
RSL shall also have a good reason for
non-compliance if the only accommodation it has available
is of a specialist nature and this is not appropriate for
the applicant.
Arbitration
9.67 Section 6 of the Housing (Scotland) Act 2001 allows
Ministers to set a period within which the local authority
and
RSL should reach agreement as to whether
the reason is good before arbitration is triggered. The
time period is set, by the Housing (Scotland) Act 2001
(Appointment of Arbiter) Order 2002, as 5 working days.
9.68 Communities Scotland has issued a Guidance Note on
Homelessness Arbitration (
CSGN2002/12)
30 which provides information on the procedure to be
adopted for appointing an arbiter, the remuneration and
other expenses which may be paid to an arbiter, payment of
other expenses in respect of arbitration, the procedure to
be followed at arbitration and the maximum length of time
of the arbitration procedure.
9.69 If the parties cannot agree on an arbiter, the
Regulation and Inspection Division of Communities Scotland
must, on the request of the local authority, appoint an
arbiter - information on the procedures to be followed are
contained in the Guidance Note referred to in the previous
paragraph.
9.70 Local authorities should enter into constructive
and supportive relationships with
RSLs in their area to ensure that the
arbitration process is only invoked as a measure of last
resort. Section 5 of the 2001 Act requires that a
RSL must comply with any reasonable
request for information about its stock made by a local
authority for the purposes of coming to a decision about
rehousing a homeless person. It also requires a local
authority to have regard to the wider availability of
accommodation in its area when requesting that an
RSL provide accommodation.
9.71 Local authorities should take into account the view
of the applicant and should also be prepared to take a
flexible approach to withdrawing requests where necessary,
in the light of new information. An example might be where
the authority is made aware that the applicant perpetrated
an act of domestic abuse against a person residing in the
area.
Protocols between
LAs and
RSLs
9.72 Local authorities and
RSLs should agree protocols to underpin
the legislative requirements and to provide a framework for
the day to day administration of requests to provide
accommodation. These protocols should govern liaison
arrangements, exchange of stock and tenancy information,
the referral process, arbitration and the tracking and
monitoring of referrals. A model protocol has been
published by
COSLA and
SFHA31 which can be tailored to reflect agreements reached
following discussions at a local level - nothing contained
in local protocols should conflict with national
legislation or guidance, which must always take
precedence.
9.73
RSLs will also be an important source of
temporary accommodation for homeless people who are not in
priority need or are intentionally homeless. Local
authorities should seek to negotiate referral arrangements
for temporary accommodation for homeless people with
associations in their areas, where these do not already
exist.
Other sources of accommodation
9.74 Local authorities should ensure that empty houses
within their stock are used wherever practicable to help to
relieve homelessness in their areas, either by housing
homeless households in them directly, or by relieving
pressure elsewhere to create room for homeless people.
Local authorities should not impose unreasonable
restrictions on subletting or other forms of multiple
occupancy in their own stock (or indeed in the private
rented sector). Subject to the available resources, Cash
Incentive Schemes can help to release existing council
housing for homeless people and other applicants. Transfers
within a council's stock can make available suitable
housing for homeless people, while also meeting the needs
of other tenants.
9.75 Voluntary bodies may offer another source of
accommodation, especially those which specialise in housing
people with special needs. Local authorities have powers
under section 39(2) to assist voluntary bodies to tackle
homelessness, including making available staff, assistance,
premises, furniture or other goods.
9.76 Accommodation in the private rented sector will be
an option for some applicants. The local authority should
build up contacts with reputable private landlords. Many
private landlords can offer accommodation quickly, and
sometimes outside working hours, or on public holidays. The
local authority may be able to arrange contracts with
private landlords to provide such a service; and can, if
necessary, use its powers under sections 24-26 of the Local
Government Act 1988, with the Secretary of State's consent,
to give assistance to private landlords in providing it,
for example by paying for rent deposits or rent in advance.
However, any arrangements made with private landlords
should be linked to minimum standards both in terms of the
physical condition of the property and the tenancy
agreements offered to tenants. Many private landlords will
only provide Short Assured Tenancies; in such circumstances
the local authority will not have fulfilled its duty to
applicants to whom they owe a duty of permanent
accommodation.
9.77 All local authorities should provide access to a
rent deposit or guarantee scheme in order to allow homeless
people, and others in housing need, to access private
sector rented housing more easily. See paragraph 2.91 in
Chapter 2 for further information.
9.78 For some people house purchase may be a
possibility, at least after their immediate problems have
been resolved. A mortgage or loan can help to establish a
family permanently in the private sector. Local authorities
may wish to offer advice to formerly homeless families on
purchasing a house, when their housing and financial
situation has stabilised. Local authorities may find it
useful to develop close links with the local property
market. Information on sources of advice on all options for
financing house purchase should be made freely available to
homeless people, especially those financial packages which
may be attractive to people on lower incomes such as shared
ownership. Advice and information on shared ownership is
available from Communities Scotland and the Scottish
Federation of Housing Associations.
Out-of-area placement
9.79 As a general rule a local authority should always
rehouse a homeless household within its own area,
particularly where temporary accommodation is being
provided. However in rare cases the local authority may
need to consider placing homeless people in another local
authority's area, although this should only be done only
with the household's consent. The local authority should
retain responsibility for such outplacements. Note that the
Homeless persons (Unsuitable Accommodation) (Scotland)
Order 2004 defines the use of temporary out-of-area
placements as "unsuitable accommodation" for households
with children or pregnant women which can only be used in
the exceptional circumstances defined in this Order - see
paragraphs 9.7-9.28 for more details.
9.80 Outplacements may be appropriate in cases of, for
example, domestic abuse or external violence, or in the
case of an ex-prisoner who would face local hostility if
returned to his home area. In some cases such an
outplacement may be nearer to the applicant's home area
than a placement elsewhere in the local authority's area or
provide suitable accommodation or access to healthcare
which is not currently available in the placing local
authority's area.
9.81 When considering an out of area placement, the
local authority should consider the costs to the household,
such as increased travelling costs or in some cases
disruption of education and employment; and to itself of
for example maintaining contact with the household and
offering any support required. It should also notify the
local authority in whose area the household is placed
(though that local authority cannot block the placement).
If there is any risk associated with the placement then it
should notify the local authority in whose area the
household is placed of the placement and also of the
associated risk. Local authorities should consider what
sort of arrangements need to be put in place to ensure that
other local authorities are informed promptly of out of
area placements.
9.82 In considering an out of area placement for persons
made homeless by domestic abuse or external violence, local
authorities should give first importance to the expressed
fears and wishes of those concerned. Local authorities
should adopt the general rule that the new location should
remove them from the range of the perpetrators of the
violence. The application of this rule should take account
of the particular circumstances, for example likely travel
routes for the person who has suffered the abuse or
violence and for the perpetrator.
Charges
9.83 An applicant can be asked to pay a reasonable
charge for any accommodation provided directly by the local
authority; or a reasonable amount for accommodation
supplied by another housing provider but paid for by the
local authority (section 35(2) of the 1987 Act). In
deciding what is reasonable, the local authority should
take account of what the applicant can pay in the longer
term. If an applicant is being asked to pay for
accommodation provided by or paid for by the local
authority then the applicant should be informed in advance
of the cost of the accommodation. They should also be
assisted when applying for Housing Benefit to cover the
cost of such accommodation. The local authority should take
account of, and advise of, the likely level of Housing
Benefit when considering charges.
Special circumstances
9.84 Local authorities should make specific provision
for the accommodation and support of homeless people with
disabilities and respond quickly to requests for
adaptations to housing stock which will prevent the
occupier from becoming homeless. People with disabilities
can be statutorily homeless if they are unable to occupy
their present accommodation without excessive hardship or
risk to personal safety (see paragraph 5.13 in chapter
5).
9.85 Local authorities should also be sensitive to the
needs of people who have become homeless as a result of
domestic abuse. Local authorities should ensure that safe
emergency supported accommodation is available for those
who have experienced domestic abuse, taking into account
the diverse needs of disabled people, people from black and
minority ethnic groups and those with addiction problems.
Women's Aid refuges are a useful source of temporary
accommodation for women, children and young people who have
experienced domestic abuse, and local authorities may find
it cost effective to assist voluntary bodies to provide
such specialist provision. Beyond securing the provision of
emergency accommodation the local authority should also
ensure the availability of suitable long term accommodation
and support, taking account of the views of the applicant
and the paramount importance of minimising the risk of
further incidents of abuse and/or homelessness. (See
paragraph 9.80 above on the use of outplacements in cases
of domestic abuse.)
9.86 If social work department considers that a person
needs a greater degree of care and support than is
available, it may offer that person a place in
accommodation provided by them under section 59(2)(a) of
the Social Work (Scotland) Act 1968, or for young people
under the Children (Scotland) Act 1995, in response to the
local authority's duty under the homelessness
legislation.
Maintaining contact with rehoused homeless
people
9.87 When homeless people have been rehoused either
permanently or temporarily the local authority should
maintain contact with them, particularly in the early
weeks, to enable them to settle and to ensure early action
is taken to avoid their becoming homeless again. This is
particularly important for people who are not rehoused in
local authority stock, and will be essential where the
local authority is organising support for them. The
co-operation of the social work department, local Health
Board, appropriate voluntary organisations and other local
agencies should be sought as required.
9.88 These arrangements will of course also be useful
for many people who are not rehoused under the homelessness
legislation but are otherwise vulnerable -
e.g. young people moving into their first
tenancy or people who have recently left institutional
surroundings (hospital, prison, local authority care or the
armed forces.)
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