Homelessness

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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Local Government News

Housing Allocation Policy—judicial review of banding and priority dates (R (on the application of Gloria Elsy Rodriguez Robles) v Lewisham London Borough Council)

Local Government analysis: This judicial review concerned Lewisham Council’s 2022 Housing Allocation Policy and its impact on Gloria Elsy Rodriguez Robles, a long-standing applicant on the housing register. Ms Rodriguez lived in a one-bedroom flat with her adult daughter in conditions which were later accepted as being statutorily overcrowded. Under the council’s previous scheme drafted in 2017, Ms Robles was placed in Band 3 (moderate priority) with effect from May 2021. However, following policy reform in 2022, she was reclassified to Band 4 (low priority), as the new scheme distinguished between statutory and non-statutory overcrowding. Ms Robles submitted a change of circumstances form in December 2022, and as a result she was reassessed and placed back into Band 3. However, her Band date was reset to 27 December 2022, rather than retaining her original date of 10 May 2021. Ms Robles challenged that decision, arguing that her circumstances had not changed and therefore she should retain her earlier priority. Hugo Keith KC, sitting as a Deputy High Court Judge dismissed the claim. It was held that Lewisham had lawfully exercised its discretion under the Housing Act 1996 (HA 1996). The 2022 scheme was a substantive policy change, not a continuation of the previous framework. The Council was entitled to reclassify applicants and reset Band dates to reflect current eligibility. The scheme was not irrational, nor was the council’s application of it unlawful. While the communication around the change was imperfect, it did not invalidate the policy or its implementation. Written by Clive Adams, partner at Birketts LLP.

View Local Government by content type :

Popular documents