Homelessness

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The primary homelessness legislation, Part VII of the Housing Act 1996 (HA 1996), and Part 2 of the Housing (Wales) Act 2014 (H(W)A 2014) provides the statutory underpinning for action to prevent homelessness and provide assistance to people who are threatened with or are actually homeless.

The relevant code of guidance in England is the Homelessness code of guidance for local authorities February 2018 (2018 Code) and in Wales is the Code of guidance for local authorities on the allocation of accommodation and homelessness (Wales) (Welsh Code).

Homelessness services and assessment duties

Under the Homelessness Act 2002 there is an obligation on every LHA to produce a local homelessness strategy. The strategy must be renewed at least every five years. The social services authority must provide reasonable assistance to the LHA in producing a strategy bespoke for the LHA’s area.

The overarching strategic aims for LHAs should be to address:

  1. •

    homelessness prevention

  2. •

    securing sufficient accommodation for the homeless

  3. •

    providing support for the homeless

The strategy must be based on the results of a homelessness review—therefore a concurrent obligation arises to carry

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Can a local housing authority determine the suitability of offered accommodation if it has not prepared a lawful assessment under section 189A(1) of the Housing Act 1996?

Local Government analysis: The Court of Appeal in Norton v London Borough of Haringey upheld the local authority’s decision regarding its discharge of homelessness duties under Part VII of the Housing Act 1996 (HA 1996). The court held that Haringey had lawfully determined that it had discharged its duty to Mr. Norton by offering suitable accommodation and that its decision-making process was procedurally fair and rational. This case is significant for housing law practitioners, particularly those advising on homelessness applications and judicial reviews of local authority decisions. It reinforces the principle that courts will not interfere with local authority decisions unless there is a clear error of law or procedural unfairness. The Court of Appeal agreed with Haringey’s case that a Housing Needs Assessment (HNA) and Personal Housing Plan is not a condition precedent to a finding that the accommodation provided was suitable. Written by Clive Adams, partner at Birketts LLP.

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