1. Council Housing
1.1 Housing for homeless people
Homelessness is something that happens to many ordinary people all over Britain. Society has for many years accepted that it must find accommodation for those people who become 'homeless', as defined by Act of Parliament.
A person now will be considered homeless if 's/he has no accommodation in the United Kingdom or elsewhere' (Housing (Scotland) Act 2001).
Local authorities have a legal duty to help homeless people - firstly by interviewing them and assessing their housing situation and secondly by offering them temporary or permanent accommodation - provided the applicant's circumstances warrant it, according to criteria laid down in Part II of the Housing (Scotland) Act 1987 and amended by the Housing (Scotland) Act 2001.
All people found to be homeless are now entitled to temporary accommodation.
Skilled and experienced staff at the Council interview people presenting themselves as homeless. The four main criteria that must be satisfied by applicants are that they:
a. are homeless;
b. are in priority need;
c. are or are not intentionally homeless; and
d. have a local connection to the area.
Detailed guidance is contained in The Scottish Office's 'Code of Guidance on Homelessness', published in September 1997, updated in October 2003. This code provides guidance to authorities as how to interpret each of these criteria. Copies are available at Housing Department offices.
Key points to note about each of the criteria are as follows:
A. homelessness
This means the applicant and anyone who would reasonably be expected to live with them either:
has no accommodation anywhere in the UK or elsewhere
or
is going to be in such a homeless situation within 2 months
or
that it is unreasonable to expect the applicant to go on living in their present home, typically because of the threat of violence from another member of the household or because the accommodation is so sub-standard that it presents a real danger to the health of the applicant.
B. priority need
The following have a priority need for accommodation:
a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside
a person with whom dependent children reside or might reasonably be expected to reside
or a person vulnerable due to:
• old age
• mental illness
• learning disability
• physical disability
• chronic ill health
• having suffered a miscarriage or undergone an abortion
• having been discharged from a hospital, a prison or any part of the regular armed forces of the Crown, or other special reason
• a person who is homeless or threatened with homelessness as a result of an emergency such as floor, fire or any other disaster
• a person whom resides with a person with a mental illness, personality disorder, learning disability, physical disability, chronic ill health, has suffered a miscarriage or undergone an abortion or who has been discharged from hospital or the armed forces
• a person aged 16 or 17
• a person aged 18 to 20 who by reason of the circumstances in which the person is living, the person runs the risk of sexual or financial exploitation or involvement in the serious misuse of alcohol, any drug (whether or not a controlled drug within the meaning of the Misuse of Drugs Act 1971 (c.39) or any volatile substance.
• a person aged 18 to 20 who, at the time when the person ceased to be of school age (within the meaning of section 31 of the Education (Scotland) Act 1980 (c.44) or at any subsequent time, was looked after by a local authority (within the meaning of section 17(6) of the Children (Scotland) Act 1995 (c.36) and the person is no longer being so looked after
• a person who runs the risk of domestic abuse (within the meaning of section 33(3) of the 1987 Act)
• a person who, by reason of that person's religion, sexual orientation, race, colour or ethnic or national origin runs the risk of violence, or is, or is likely to conduct, course of conduct and harassment are to be construed in accordance with section 8 of the Protection from Harassment Act 1997.
These categories are being extended as we move towards 2012, so please check.
Also note that Local Authorities are endeavouring to phase out the priority need test. The Scottish Ministers must, by 31st December 2005, prepare and publish a statement setting out the measures which they and the local authorities have taken, are taking and intend to take to achieve this.
C. intentionality
Previously, the Council had to satisfy itself that the applicant did not deliberately do or fail to do something which resulted in homelessness such as refusing to pay rent for no proper reason; or a teenager leaving the parental home without presenting a compelling reason why he or she could not return. Section 4 of the Homelessness etc (Scotland) 2003 Act removes the duty on local authorities to assess households for intentionality. The 2003 Act makes this a power, giving local authorities discretion over whether to investigate a household for intentionality.
D. local connection
As a general rule the applicant must have a local connection with the Council area. However applicants in special circumstances are assessed on a case by case basis. This includes people fleeing domestic violence or someone who has no local connection with any place in the United Kingdom. A local authority has a power, but not a duty, to refer an applicant to another local authority in Scotland, England and Wales if it thinks the applicant does not have a local connection with it but does have a local connection with another authority. Scottish Ministers now have the power to issue a statutory instrument suspending the local connection rules. However, should a Local Authority come under pressure, the suspension may be lifted.
E. Homeless Persons' Assessment
Where an applicant is homeless (September 2002), temporary accommodation will be secured, or if the person has no local connection, they will be referred to another authority. The Council aims to reach a final decision on each application from a potentially homeless person within a reasonable period. This can vary from Council to Council. Check the local situation.
The assessment period for applications allows Council staff enough time to make the necessary enquiries to verify each applicant's homeless circumstances. Applicants are kept informed by the staff on the progress of the assessment of their application.
Dissatisfied applicants may appeal the decision. There is a statutory right to get your decision reviewed (possibly April 2002). Check with the Council for details of the appeal procedure.
Homeless applicants
At any one time, varying numbers of homeless applicants are registered with the Council. Many applicants do not fulfil the criteria to obtain permanent accommodation and are only given temporary accommodation and advice and assistance (September 2002).
Homelessness can affect any type of household. Vulnerable homeless applicants may well require additional forms of support to help them through these difficult periods in their lives and the Council's housing staff work closely with other Council staff and relevant local agencies to ensure that such support is provided.
The type of accommodation used by the Councils to house homeless applicants includes bedsit, hostels, purpose-built chalets, properties leased from private landlords and occasionally bed and breakfast and designated furnished and unfurnished Council houses and other available properties. Accommodation is provided until a decision is reached on their application. Thereafter only those who fulfil all the criteria will continue to be provided with temporary accommodation pending an offer of permanent housing. The local Council will be able to tell you the average length of stay. For households that are not going to be offered permanent accommodation, temporary accommodation and advice and assistance will be offered for a reasonable period to allow the household to secure alternative accommodation (September 2002).
An offer of permanent accommodation will be made by the Council for a Council property or the applicant will be referred to a housing association or other local landlord for rehousing (September 2002). The number of offers of accommodation normally made varies. Check with the Council for the local situation. If these offers are unreasonably refused, the applicant(s) will have to vacate the temporary accommodation and secure their own accommodation as the Council will have fulfilled its obligation to them.
In addition to temporary accommodation, some Councils provide a variety of emergency provision. Check with the Council for names and contacts.
Advice to offer clients who are homeless
1. Contact the Homeless Persons' Unit at the Council or any agencies offering housing information and advice, who will refer you to the appropriate office.
2. If you are unable to secure your own accommodation, you should ask for an interview with one of the homeless persons staff as soon as possible. This can be done in person by calling into the office, or by telephone.
3. Attending the interview is very important. It will give you useful information and advice and will let you know quickly whether you may be entitled to temporary accommodation. Written details of your situation such as a letter from your current or most recent landlord may be required at the interview to verify your circumstances.
