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Contents:
1.1 This policy encompasses the activities and responsibilities of the Council in relation to homeless people, people threatened with homelessness and the prevention of homelessness in Moray. The Homeless Service is aimed at preventing, assessing and providing options together with support to people who present as homeless.
1.2 The Moray Council will ensure the promotion of equal opportunities by publishing information and documentation in different languages and other formats such as large print, tape and Braille, as required.
1.3 The Moray Council will ensure that no individual is discriminated against on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or other personal attributes, including beliefs, or opinions, such as religious beliefs or political opinions.
2. Local Housing Strategy/Corporate Development Plan/Service Plan
2.1 The Homelessness Policy will assist the Council to meet the Local Housing Strategy, Homelessness Strategy, Supporting People Strategy, Corporate Development Plan, Service Plan, Community Plan, and the Moray Community Health and Social Care Partnership Strategy (the Community Care Strategic Plan). The Homelessness Policy will assist the Council to fulfil strategic objective 2 within the Local Housing Strategy, "To prevent and alleviate homelessness".
2.2 The Homelessness Policy will assist the Council to fulfil the key principles of the Corporate Development Plan on "improving care for the individual, especially the disadvantaged".
2.3 The Council will ensure that the Homelessness Policy complies with the aims of community planning by adopting a multi agency approach. This policy will promote sustainable development and will maximise the potential of individuals, facilities and organisations and will aim to ensure that all sections of the community are safe and feel safe.
3. Objectives and Principles of the Policy
3.1 The overall aim of Homelessness Policy is to prevent and alleviate homelessness in a sensitive but effective manner.
3.2 The specific objectives of Homelessness Policy are to:
3.3 The principles of Homelessness Policy are to:
4.1 The Moray Council will ensure that the Policy complies with current legislation, promotes good practice and has regard to the Code of Guidance on Homelessness 2005 (Code of Guidance).
4.2 The Moray Council will comply with all the requirements of the Data Protection Act 1998. The Council will ensure that personal data is processed fairly and lawfully, that it is used for the purpose it was intended and that only relevant information is used. The Council will ensure that information held is accurate, and where necessary kept up to date and that appropriate measures are taken that prevent the unauthorised or unlawful use of any personal information given.
4.3 The Council will comply with the requirement of the Freedom of Information (Scotland) Act 2002 and will provide a right of access by the public to information that it holds. In terms of section 1 of the Act, the general entitlement is that a "person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority". Information which a person is entitled to is the information held by the public authority at the time that the request is made. The Council will not disclose any personal data that will breach the Data Protection Act 1998.
5.1 The Homelessness Service
The Council provides a centralised specialist homelessness team within the Housing Needs Team based in Elgin. Information and advice is also provided by Housing Officers in Area Housing Offices.
5.1.2 The Council in providing services in respect of homelessness undertakes such activities (but not exclusively) as:
5.1.3 The Homelessness Service will work with other Council services, NHS Grampian and voluntary organisations working with homeless people to provide a range of facilities and services to meet the needs of homeless people.
These include:
5.2 Handling of Applications
5.2.1 Avoidance of Screening
The Homelessness Service will avoid the screening of applicants and ensure that no homeless applicant is refused the right to make a homeless application. Care will be taken to ensure receptionists or general enquiry staff do not carry out any informal ‘first screening’ of applicants, either deliberately or unwittingly. Screening is defined as preventing, deterring or discouraging applicants from making an application. Staff will be given appropriate training. People will be made aware of their legal right to apply through publicity, posters, internet etc.
5.2.2 Initial Approach
In accordance with the Housing (Scotland) Act 1987 as amended, any person aged 16 or over who wishes to make a homeless application has the right to do so. The Council will ensure that information about this is clearly visible in all offices where homeless people are likely to present and in other locations across Moray. The Council has a duty to accept applications from people who are homeless and will be homeless within 2 months as defined by the Housing (Scotland) Act 2001.
5.3 Prevention of Homelessness
5.3.1 Interviews
The interviewing officer will ensure that an applicant has a private interview at a time and location convenient both for the applicant and their personal representative or, if required, interpreter. An applicant can request an interview with an officer of the same sex and will be treated in a courteous and non-judgemental manner.
Applicants who are threatened with homelessness will be interviewed within five working days and applicants who are homeless will be interviewed on the day of their approach or the next working day.
Applicants will be encouraged to disclose all relevant information to assist in the assessment of an application. Any information provided will be used in a non-prejudicial way.
A written record of the interview in an appropriate form including Braille, translation or large print will be provided if required. A follow-up interview will be arranged to review the progress of the applicant’s homelessness application within 4 weeks of the initial interview.
The Council will refer applicants to other independent providers of housing, financial or legal services and can offer access to mediation services for family and neighbour disputes and harassment.
All information provided by an applicant will be treated in accordance with The Moray Council’s Confidentiality policy.
5.3.2 Advice on the Process
Applicants will be advised at the initial interview verbally and in writing of:
5.3.3 Information
The Council will use its publications to publicise the Homelessness Service, and work with the voluntary sector to maximise the impact of publicity.
Information about the Homelessness Service will be available in:
5.4 Inquiries into Homelessness
5.4.1 Reasonableness of occupation
People are homeless if they have accommodation but it is unreasonable for them to continue to occupy it. The Council realises what may be reasonable for one person may not necessarily be reasonable for another.
In reaching a decision, the Council will consider each case on its individual merits, including (but not exhaustively):
5.4.2 Gypsy Travellers
Gypsy Travellers will be assessed in terms of the homeless legislation if their moveable accommodation is deemed to be unfit or there is no opportunity to locate the accommodation and reside in it on a recognised pitch. The Council recognises the particular needs and culture of Gypsy Travellers and will, for example, respect the oral tradition by ensuring they are offered verbal as well as written decisions.
5.4.3 Financial Difficulties including Rent Arrears & Mortgage Default
The Council will ensure such applicants get appropriate advice from debt counselling services. As defined in the Code of Guidance, in reaching a decision on homelessness, the Council will:
5.4.4 Tied Accommodation
People in tied accommodation will be encouraged to seek early advice and assistance from the Housing Service. Each individual case will be considered on the basis of the Code of Guidance and each case will be dealt with respect to individual circumstances.
5.5 Inquiries into Priority Need
The Council will assess applicants in accordance with the Code of Guidance on Homelessness 2005, the Housing (Scotland) Act 1987 as amended by the Housing (Scotland) Act 2001 and the Homelessness etc (Scotland) Act 2003 when considering whether an applicant or any member of their household has a priority need for housing.
As well as statutory duties, the Homelessness Service will assist in emergencies, as per the Council’s Emergency Planning Procedure.
5.6 Inquiries into Intentionality
Where an applicant has been found to be homeless or threatened with homelessness and in priority need, the Council must assess whether they are intentionally homeless. The assessment will consider whether the applicant did or failed to do something which caused him/her to lose his/her accommodation, he/she was aware of the consequences of his/her action and the accommodation would have been reasonable for him/her to continue to occupy.
An applicant found to be homeless with a priority need but intentionally homeless will be provided with temporary accommodation for a reasonable period thereafter so that the applicant can find alternative accommodation. Consideration will be given to the applicant’s circumstances when determining what is a reasonable period.
The Council will ensure that this policy reflects any changes to the legislation from the Housing (Scotland) Act 2001 and the Homelessness etc (Scotland) Act 2003.
5.7 Local Connection
5.7.1 An applicant who is resident in the area and residency has been by his or her own choice for at least 6 months during the previous 12 months or not less than 3 years during the previous 5 years will have a local connection with Moray. Local connection will also be established if the applicant or a member of his/her household is employed in Moray or has family members resident in Moray for at least 5 years in accordance with good practice and the Code of Guidance on Homelessness 2005.
In reference to local connection, the Council will ensure that this policy reflects any changes to the legislation from the Housing (Scotland) Act 2001 and the Homelessness etc (Scotland) Act 2003.
5.7.2 Referralto another Local Authority
An applicant who is deemed not to have local connection with Moray can be referred to another local authority in Scotland, England and Wales if they are assessed as being in priority need and unintentionally homeless. The applicant will be advised that a referral to another authority can be made but that the other authority need not accept them. The officer will make the referral in accordance with the legislation and the Code of Guidance.
Applicants will be provided with temporary accommodation while enquiries are made, pending referral and acceptance by another authority.
5.8 Accommodation
5.8.1 Temporary Accommodation
When arranging temporary accommodation, the Homelessness Service will ensure that accommodation is appropriate to the circumstances of the applicant, and by taking into account factors such as household needs, education, work etc. When providing temporary accommodation for families with children the Council will comply with the requirements of The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2004.
Once in temporary accommodation the Council will ensure that contact is maintained, moves to alternative temporary accommodation kept to a minimum and assistance given with health and education registration.
The Council does not consider temporary accommodation as an alternative to having a permanent home and will ensure that time spent in temporary accommodation is as short as possible taking into account the availability of permanent accommodation.
5.8.2 Bed and Breakfast
The Council will seek to minimise bed and breakfast usage for temporary accommodation and will comply with the requirements of The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2004 that concerns families with dependent children.
Bed and Breakfast accommodation for families with dependent children will only be used in an emergency or if there is no other suitable temporary accommodation. However if an applicant states a preference to remain within an area for local services and no other suitable accommodation is available bed and breakfast accommodation would continue to be provided.
5.8.3 Permanent Accommodation
Once a person is accepted as homeless, in priority need and unintentionally homeless, the Council will seek to provide suitable accommodation through the public, voluntary and private sectors using the Council’s allocation policy and nomination agreements with Registered Social Landlords (RSLs) and other agencies.
Applicants who have homelessness points will normally receive two reasonable offers of housing. The offer of housing may be made by other housing landlords (such as Housing Associations).
A "Reasonable Offer" of housing will be considered on the basis of the size of accommodation required, any special education, health or family support reasons or transport or employment. Consideration will also be given to any safety concerns that may exist for the household. At the time of the allocation, the applicant will be advised of the procedure for appealing against decisions. This includes the decision to refuse a particular property.
Following the refusal of two reasonable offers of accommodation, the Council will have been deemed to have fulfilled its duty in terms of the homeless legislation. The applicant will be provided with temporary accommodation for a reasonable period of time and provided with advice and assistance to enable them to secure alternative accommodation.
5.8.4 Housing Support Services
The provision of Housing Support Services is to assess, plan and provide support in a flexible way to assist the service users to sustain temporary or permanent accommodation.
The Council will aim to ensure that Housing Support Services are available and suitable to the needs of service users.
5.9 Advice and Assistance
5.9.1 Prevention of Homelessness
The Council will take reasonable steps to try and aim to ensure that accommodation does not cease to be available for occupation by any homeless applicant where the Council is satisfied that it is reasonable for them to continue to occupy.
This action will not be taken in relation to any applicant who is living in accommodation that is overcrowded in terms of the Housing (Scotland) Act 1987, is a danger to their health, does not meet any special need of the household or not reasonable for the applicant to occupy.
The Council will provide people threatened with homelessness, but not in priority need, or in priority need but threatened with homelessness intentionally, with advice and assistance that will ensure that accommodation does not cease to be available for his or her occupation.
5.9.2 Leaving Institutions
The Council will ensure that homelessness due to households or individuals leaving institutions (hospital, prison, the armed forces, local authority care or interim supported accommodation) is minimised with appropriate discharge protocols and liaison mechanisms in place. The Council will also ensure that advance planning for discharge from institutions and appropriate assessments such as community care assessments are carried out in a timely manner.
5.9.3 Landlord action and Court Orders
The Council will take reasonable steps to work with landlords to ensure that evictions due to rent arrears are minimised and will work with partner agencies to ensure access to independent advice and support for people threatened with eviction. The Council will work with landlords to ensure that they comply with Section 11 of the Homelessness etc (Scotland) Act 2003 by notifying the Council in the event of raising proceedings for possession. In implementing this provision of the Act, the Council will work in partnership with other agencies to ensure appropriate advice and information is offered to those at risk of losing their rented accommodation.
The Council will continue to work with stakeholder agencies to ensure best practice in the delivery of housing management policies.
5.9.4 Anti-social behaviour
The Council may provide a Short Scottish Secure Tenancy together with appropriate support for applicants who have become homeless through receiving an Anti-Social Behaviour Order (ASBO) within the past three years.
5.9.5 Harassment I Illegal Eviction
The Council will take reasonable steps to attempt to prevent homelessness occurring through harassment or illegal eviction by landlords wherever possible. The Council will refer cases of illegal eviction or harassment by landlords to the Police.
5.10 Notification and Review of Homeless Decision
5.10.1 Notification
The decision on the claim of homelessness will meet the requirements: of the homelessness legislation and Code of Guidance on Homelessness 2005. The decision letter will explain how and why the decision has been reached, give advice on what happens next, and include contact details of the Officer dealing with the application. Details will also be given on how to request a review of the decision, list sources of independent advice and advise on the availability of temporary accommodation.
5.10.2 Insufficient information
The decision will normally be made within 28 days unless sufficient information cannot be obtained in that time. The Housing Needs Officer will agree with the line manager on whether to accept the case without the full information or advise the applicant that the case will be continued and give reasons why.
5.11 Protection of Property of Homeless Applicants
5.11.1 Storage
If the Council has a duty to provide temporary accommodation to a person, it will also take steps to protect the household’s belongings. If there are any moveable possessions that cannot be taken into the temporary accommodation, and no other suitable arrangements can be made, then the Council will arrange storage for the possessions.
When the Council’s duty to provide temporary accommodation ends, the Council will tell the applicant that the duty to protect belongings also ends. The applicant will be advised of this when provided with temporary accommodation.
Any removals and storage will be arranged with private companies and recharged to the applicant. A repayment plan for the total amount of removals and storage will be agreed with the applicant.
5.11.2 Unclaimed Possessions
Possessions that are not claimed within 6 months of a person leaving temporary accommodation will be disposed of by sale (or to a charity where the money likely to be raised will not offset the costs of the sale).
5.12 Persons Subject to Immigration Control
The Council will assess applicants in accordance with the Code of Guidance on Homelessness 2005 for Persons subject to Immigration Control. Temporary Accommodation will be provided pending the outcome of enquiries into eligibility.
6. Review, Complaints and Appeals
6.1 Request for Review of Decision
The applicant can request a review of the decision within 21 days of the date of the decision letter. The applicant or their representative should make the request in writing and include the client’s signature or mark.
The request for review should include the grounds on which it is made. A request for review will be considered by a Senior Manager not previously involved with the original decision from the Housing Needs Team with a target of 21 days to respond to the applicant.
6.2 Complaints – The Corporate Process
The Council operates a Complaints Procedure that is available to any applicant. Details of the Complaints Procedure can be obtained from any Council Office or Access Point.
6.3 The Appeals Process
If the decision is upheld after the review process the applicant has the right to appeal the decision. An Appeal will be heard by the Housing Sub Committee made up of a panel of Elected Members.
Temporary accommodation and protection of furnishings/belongings will be provided if required during the review and appeals process.
Applicants unhappy with a decision may seek a judicial review and this does not diminish their right to approach the Ombudsman or the Care Commission
7. Performance Monitoring and Review
7.1 The Council currently monitors its performance in relation to homelessness. Reports on these performance indicators are presented to The Moray Council’s Community Services Committee on a quarterly basis.
7.2 In addition to statutory performance indicators, it will also monitor:
Annually
Quarterly
These performance indicators will be reported to the Community Services Committee. The reports will be public documents but the confidentiality of individual applicants’ circumstances will be maintained.
Other statistics will be collected from time to time for management and planning purposes.
Further performance indicators may be developed over a period of time to reflect the requirements resulting from the continued implementation of the Housing (Scotland) Act 2001 and the Homelessness etc (Scotland) Act 2003.
7.3 The Council will review the operation of the Homelessness Policy in March 2009 or earlier if required by legislative change.