Overview of the Housing Act

Simon Prothero & Geoff Marlow

Welsh Government

Housing (Wales) ActPart 2 Partnerships for

Implementation

Introduction

• This event provides the focus for developing partnerships to support the new homelessness legislation

• Essential part of our preparations for delivery

• Implementation has begun, vital that we make the very most of this opportunity to achieve a common understanding of how services should work within the law

Context• The Ten Year Homelessness Plan reflects

increasing Government focus on prevention over last ten years

• Programme for Government committed to review and changes in law

• Review 2011/12 found that current law not fit for purpose

• Law needed reform to focus on prevention and achieving solutions for all homeless people, working with people to help them find solutions to their problems as early as possible

The Legislative Process• White Paper May 2013• Bill published November 2013• Committee and plenary stages-some

changes• Becomes Housing (Wales) Act 2014 17th

September 2014• Secondary legislation progress• Statutory Code of Guidance progress• Date of implementation- 27th April 2015

Vision

• Help for everyone at risk or homeless• Early intervention to prevent crises• Less emphasis on priority need• Making best use of all resources including

private rented sector• Working with people to help them find the best

housing solution• Partnership working across organisations and

services to achieve sustainable solutions

Delivery• WG committed to supporting implementation

through training, guidance, research, monitoring, and funding

• Already Increased resources to Local Authorities for preparation

• New funding framework for 2015/16-transitional funding over three years

• Review of Homelessness Grant programme• Working with Network to support local planning• LA’s and partners already making substantial

progress in most areas in aligning with vision and objectives of legislation

S 60-Advice and Assistance

How can an Application be made?

68 Interim duty to secure accommodation for homeless applicants in priority need(1) The local housing authority must secure that suitable accommodation is available for the occupation of an applicant to whom subsection (2) or (3) applies until the duty comes to an end in accordance with section 69.(2) This subsection applies to an applicant who the authority has reason to believe may—(a) be homeless,(b) be eligible for help, and(c) have a priority need for accommodation, in circumstances where the authority is not yet satisfied that the applicant is homeless, eligible for help and in priority need for accommodation.applies.

S62 Duty to Assess

• What might the assessment ask?• 62 (5) If the applicant is eligible for help under this Chapter, the

assessment must include an assessment of—• (a) the circumstances that have caused the applicant to be

homeless or threatened with homelessness;• (b) the housing needs of the applicant and any person with whom

the applicant lives or might reasonably be expected to live;• (c) the support needed for the applicant and any person with whom

the applicant lives or might reasonably be expected to live to retain accommodation which is or may become available;

• (d) whether or not the authority has any duty to the applicant under the following provisions of this Chapter.

KEY DUTIES

S.66 - Duty to help to prevent homelessness (‘prevention’ duty)When eligible and threatened with homelessness within 56 daysTake reasonable steps to help prevent homelessness

S.73 - Duty to help to secure accommodation (‘relief’ duty)When eligible and homelessTake reasonable steps to relieve homelessness

S.75 - Duty to secure accommodation (‘final’ duty)When above duties have been unsuccessfulTo help secure accommodation for applicants in priority need and

unintentionally homeless

Section 64: How to secure or help to secure the availability of accommodation-

reasonable steps

Examples:(a) mediation;(b) payments by way of grant or loan;(c) guarantees that payments will be made;(d) support in managing debt, mortgage arrears or rent

arrears;(e) security measures for applicants at risk of abuse;(f) advocacy or other representation;(g) accommodation;(h) information and advice;(i) other services, goods or facilities.

Personal Housing Plans

Securing accommodation under s66 or s73

• Likely to last at least 6 months• Must be ‘suitable’

• Can be in any sector or setting

Other Key Changes

• Intentionality becomes a power not a duty• Power to discharge duties through the

private rented sector• Priority need-change to prisoners• Vulnerability-a broader focus• S 95 duty to co-operate

S95 Duty to Co-operate

• (1) LA Duty to promote co-operation between social services and housing

• (2-3) Duties to co-operate on named bodies-Housing Associations

• Must comply unless incompatible with duties or adverse effect on functions

• (4) Must give written reasons if not complying

Housing Associations and LA’s Tackling Homelessness Together

• 2014 –CHC/WLGA Good Practice Report• Partnership Working and Homelessness

report March 2014 Strategic planning Prevention Temporary accommodation Increasing supply Allocation and letting

Shared objectives of the Legislation and Supporting

People• Prevent homelessness• Better and more targeted prevention work• Focus on the service user • More effective use of the private rented

sector• Stronger emphasis on co-operation and

multi-agency working

Impact of the legislation on person receiving a service

• Less complex access to services• Earlier access• Strengthen focus on building capacity/

independence• Shorter length of service for some people• Better access to support for people living

in private tenancies.

Impact on service provider

• Strengthened link between Homelessness Advice and Tenancy Support Schemes– Systematic referral / Gateway– Support workers based in housing advice

services– Sessional work in other locations?

• Support focussed on building capacity• More short and focussed interventions

• Higher turnover• Building community capacity• Outcomes will become more important• WG will identify opportunities to lessen

outcome data collection

Service Commissioning

• Chapter 1 ‘Homelessness Reviews and Strategies’.

• Local Authorities and Regional Collaborative Committees must to strengthen links with homelessness services.o Reflect objectives of Homelessness Strategyo WG expect to see an increase in information

flow between Homelessness Advice Teams and Supporting People teams

• Continue to rebalance some services from fixed site to floating,

• Closer working with private sector access schemes and private sector landlords.

Discharging into Supported Housing or the Private Rented

Sector

Making Partnerships Work

• Statutory Framework-Single Integrated Plans

• Reviews and Strategies• Strong partnership arrangements-

homelessness forums, agreeing priorities and objectives

• data sharing, referral arrangements, monitoring outcomes and performance

Joining Up across Policy Areas

• Social services• Mental and physical health• Criminal justice• Domestic abuse• Advice• Veterans

Making Best Use of Resources

• Tough public funding context• Making use of all housing resources

including PRS• Flexible services, short term interventions

where most effective• A challenging commissioning and

monitoring culture

Service User at the Centre

Building capacity

Promoting self-determination

Shaping services-’Equal Ground’

Focusing on outcomes

Working towards a successful ending