Social Housing Speed Read – homeless prevention duty
6th June, 2016
The charity Crisis is urging backbench MPs to impose a homeless prevention duty on Local Authorities.
Background
It is reported that there is a growing number of people on the brink of homelessness, including tens of thousands of “sofa surfers” currently denied official help to keep them off the streets. The issue is being addressed as talks have commenced with MPs who will be best placed to table a Private Members’ Bill (PMB) this parliamentary term to introduce the legislation.
PMBs are Public Bills introduced by MPs and Lords who are not government ministers. As with other Public Bills their purpose is to change the law as it applies to the general population.
A minority of Private Members’ Bills become law but, by creating publicity around an issue, they may affect legislation indirectly. As the duty was not addressed in the Queens speech, this move could force the Government’s hand to show where they stand in regards to duty and readdress the way in which vulnerable members of society are treated.
In practice
The new duty would force Local Authorities to provide support for anyone at risk of homelessness, regardless of whether they are deemed to be in priority need under existing laws.
It has been nicknamed the “no-one turned away” duty and would give all residents who are homeless or at imminent risk of losing their home the right to practical help to prevent them losing a tenancy or secure new accommodation.
Under current English legislation, last adapted in 2002, a full duty of homelessness is in effect reserved for those deemed to be in priority need, which in practice means families with young children and pregnant mothers.
Therefore, those who do not meet this criteria are essentially told they must fend for themselves. In Wales, the Welsh Government has already imposed a duty on councils to prevent homelessness which received £4.9 million support for 2015/16.
The Department for Communities and Local Government (DCLG) select committee has launched an inquiry, with a new all-party parliamentary group on homelessness set up by Conservative backbench MP David Mackintosh.
Mackintosh stated he would welcome measures which put the emphasis on addressing housing instability before they spiralled into full-blown crisis, saying: “It makes sense to help someone before they become homeless.”
Matt Downie, director of policy and external affairs at the charity Crisis, said: “The Government’s commitment to consider options, including legislation, to prevent more people from becoming homeless could be the start of one of the most important developments for tackling homelessness in nearly 40 years.”
On 26th May twenty MP’s were chosen, through ballot, to be given priority in presenting PMBs. The PMBs will have their first reading in the House of Commons on 29 June. Therefore it does seem disappointing that the Government had not introduced the measure to the Queen’s Speech on May 18.
Implications
There are a number of obstacles that stand in the way of the proposed duty.
The cost of the duty is no doubt an important factor. Provisional research findings, undertaken by academics and published by Crisis, found that Local Authorities would spend £43.9 million a year (which is considered by many as optimistic), however, this figure could eventually be offset by £46.8 million a year due to fewer cases as matters would be dealt with more quickly.
Other challenges include topics that have been covered in previous articles including a lack of support for building new affordable homes, 1% rent reduction and LHA rates frozen for the next four years.
Let us wait and see the outcome on 29th June when we will provide further commentary. At this stage all we can hope for is further support and confidence to be placed in the social housing market.
If you have any questions on the issues raised above and how it will affect social housing providers, or any other questions as a social housing provider, please do not hesitate to contact John Murray or a member of our expert Social Housing Team.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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