The latest national statistics on statutory homelessness were released by the government on 6th June 2013.
It shows that during the 2012/13 financial year, 53,540 households were accepted by local authorities as being owed, what is known as the main homelessness duty. This is an increase of 6 per cent from 50,290 in 2011/12. Acceptance of this duty means that the local authority must secure that suitable accommodation is made available to you.
Between 1 January and 31 March 2013, local housing authorities made 28,270 decisions on applications (by eligible households) for housing assistance, under the homelessness legislation of the Housing Act 1996.
• 47 per cent were accepted as owed a main homelessness duty;
• 27 per cent were found not to be homeless;
• 18 per cent were found to be homeless but not in priority need; and
• 8 per cent were found to be intentionally homeless and in priority need.
The decisions made by councils can make the difference between a homeless person being offered a home or being told the council has no duty to re-house them. The quality of the decision making can often be poor, leading to injustice and a denial of entitlement.
At Duncan Lewis our experienced team of Housing Lawyers can help you challenge the decisions reached by Councils. We are aware that underneath the statistics are people and families who are at the receiving end of various bad practices by housing officers who themselves are under pressure from their line managers to avoid taking applications. We regularly come across situations where Councils turn people away and do all they can to avoid taking a homelessness application.
Another bad practice is to insist that an applicant seeking immediate homelessness assistance must complete a specific form, bring a particular document in or be turned away and given appointment weeks later – with no provision of interim accommodation in the meantime. Decisions which deny homeless applicants interim accommodation, in circumstances where they entitled, will be challenged by way of judicial review. Similarly, attempts by the Council to avoid or delay consideration of a homeless application will be challenged by way of judicial review.
There are undoubtedly many families having to sleep on friends’ sofas or on the streets who should not be in this position – but have not received proper legal advice about their housing rights.
At Duncan Lewis we are concerned that the tough economic climate and the budget pressures on councils are likely to make bad practices & poor decision making more widespread which is likely to cause even greater injustice to homeless applicants.
If you have received an adverse decision relating to your homelessness application you will have 21 days from the date of notification to request a review of that decision.
Please contact Erol Izzet via email on eroli@duncanlewis.com for any further help or advice in respect of any matter raised in this article.