Duties Owed

Question 1

What are the 5 duties owed by the Council?

Answer 1

1. Homelessness Review and Strategy
2. Advice and Information
3. Referral
4. Application Consideration and Assessment
5. Prevention, Relief and Accommodation

Question 2

What is the duty of Homelessness Review and Strategy?

Answer 2

Councils are required to have a homelessness strategy based on a review of all forms of homelessness in their district, as mandated by the Homelessness Act 2002.

Must be renewed at least every 5 years.

Question 3

What is the duty of Advice and Information?

Answer 3

Councils must provide advice and information about homelessness, prevention strategies, and available assistance from the housing authority or other organizations.

Question 4

What is the duty of Referral?

Answer 4

• The Homelessness Reduction Act 2017 introduced a duty on certain public authorities to refer service users who they think may be homeless or threatened with homelessness to a housing authority.
• The service user must give consent, and can choose which authority to be referred to.
• The housing authority should incorporate the duty to refer into their homelessness strategy and establish effective partnerships and working arrangements with agencies to facilitate appropriate referrals.

Question 5

What is the duty of Application Consideration and Assessment?

Answer 5

Councils must properly consider all applications for housing assistance and make inquiries to determine eligibility and homelessness status.

• Housing authorities must give proper consideration to all applications for housing assistance, and if they have reason to believe that an applicant may be homeless or threatened with homelessness, they must make inquiries to see whether they owe them any duty under Part 7 of the 1996 Act.
• Threat of homelessness is defined as potential homelessness within 56 days, including situations involving eviction notices under the Housing Act 1988.
• Homelessness is established when an individual lacks accessible and reasonable accommodation.
• Authorities must conduct assessments for homeless or at-risk applicants, identifying causes and needs, and subsequently develop personalized housing plans to prevent or relieve homelessness.

Question 6

What is the duty of Prevention, Relief and Accommodation?

Answer 6

Councils have a duty to take reasonable steps to prevent homelessness, provide relief for those already homeless, and secure accommodation for eligible applicants, as outlined in Part VII of the Housing Act 1996.

Prevention duty
14. Housing authorities have a duty to take reasonable steps to help prevent any eligible person (regardless of priority need status, intentionality and whether they have a local connection) who is threatened with homelessness from becoming homeless. This means either helping them to stay in their current accommodation or helping them to find a new place to live before they become actually homeless. The prevention duty continues for 56 days unless it is brought to an end by an event such as accommodation being secured for the person, or by their becoming homeless.

Relief duty
15. If the applicant is already homeless, or becomes homeless despite activity during the prevention stage, the reasonable steps will be focused on helping the applicant to secure accommodation. This relief duty lasts for 56 days unless ended in another way. If the housing authority has reason to believe a homeless applicant may be eligible for assistance and have a priority need they must be provided with interim accommodation.

Main housing duty
16. If homelessness is not successfully prevented or relieved, a housing authority will owe the main housing duty to applicants who are eligible, have a priority need for accommodation and are not homeless intentionally. Certain categories of household have priority need if homeless, such as pregnant women, families with children, and those who are homeless as a result of being a victim of domestic abuse or due to an emergency such as a fire or flood. Other groups may be assessed as having priority need because they are vulnerable as a result of old age, mental ill health, physical disability, having been in prison or care or as a result of becoming homeless due to violence.

Question 7

What is ‘Threat/risk of homelessness’

Answer 7

Potential homelessness within 56 days, including situations involving eviction notices under the Housing Act 1988.

Question 8

What is ‘Homelessness’

Answer 8

Homelessness is established when an individual lacks accessible and reasonable accommodation.