LONDON BOROUGH OF ENFIELD INELIGIBLE INTENTIONALLY HOMELESS HOUSEHOLDS WITH DEPENDENT CHILDREN HOUSING SERVICES GROUP/SOCIAL SERVICES GROUP PROTOCOLS PROTOCOL EFFECTIVE FROM 9 JULY 2001 Role of Housing Services Group temporary/permanent council accommodation Where a family is in arrears of rent or is behaving in an antisocial way, Housing officers will work with the family to try to resolve problems and prevent eviction. This may be in partnership with other agencies such as Education, Children s Services and Leisure. Where there is no improvement in the situation then a Notification of Seeking Possession will be served on the family. Once a Possession Order has been obtained, the Housing Group may still not pursue eviction if the family co-operates to resolve the problem. However, if there is little or no co-operation and the rent arrears or nuisance continues, then the eviction will be pursued. Households do have a right to appeal, and can obtain a stay of eviction if there are extenuating circumstances. Homeless Persons Team Once eviction has been achieved, the household will approach the Homeless Persons Team. They are given temporary accommodation while the circumstances of their homelessness are investigated. If they are deemed to be intentionally homeless, the Housing Group has discharged its duty under the Housing Act and therefore the family will be homeless. When an Intentionally Homeless decision is made, it can only be appealed through the Review Officer, and to the County Court on a point of law. The client has 21 days from the date they 1
receive their decision letter to request a review. The Council has 56 days in which to carry out a review once requested. More likely than not, temporary accommodation will not continue to be provided pending the appeal, but each case will be decided by the Housing Group on its merits. The Homeless Persons Team not only deals with local families but also with anyone coming to the borough that approaches under the homelessness legislation. However, the process is largely the same where there is a duty on the local authority to provide temporary accommodation. Ineligible Housing Applicants Asylum Seekers For some families such as new Asylum Seekers, there is no housing duty and they will not be housed. There have been some changes in Government policy around asylum seekers, but new families should be referred to the National Asylum Seekers Services (NASS) to be assessed for accommodation. EEA/A8 Nationals From May 2004 EEA Nationals and those coming from the countries that joined the EU are only entitled to access council housing if they are genuine workers/job seekers. Additionally if they are A8 nationals then the applicant must be registered with the Home Office as a worker and must be in work, or have worked continuously for at least 12 months. Over-Stayers and Illegal entrants Over-stayers and illegal entrants are ineligible for housing assistance and can be referred to the Social Services Group for assessment. The temporary accommodation provisions will apply as above. Habitual Residence Test Homeless households who fail the Habitual Residence Test are ineligible for housing assistance and can be referred to Social Services Group. Again, interim temporary accommodation may 2
be provided by the Housing Group pending an appeal, and again each case will be decided on its merits. Housing will fax Education, Children s Services and Leisure with details of ineligible decisions. This is in order for contact to be made with the family by Children s Services, who will assess the family s situation and offer advice. Notifications by Housing Group to Social Services Group The Housing Management Service will contact the Assessment Duty Manager if there are rent arrears problems from tenants with children. A list of those families where Possession Orders have been obtained and whose cases have been referred to the Housing Panel will be sent to Vanessa Phillips. Notification will also take place when eviction from the tenancy is about to take place. The Housing Group will also notify the Assessment Duty Manager of the termination of B&B and possession obtained from other forms of temporary accommodation. The Children and Families Service will check to see if any of the families are known to Social Services Group and if the family is known then the worker allocated to the case will consider what support Children s Services are able to provide to the family. The allocated social worker will keep the housing department informed of the information, which they gather in their assessment. Responsibilities of Social Services Group If the family is currently an open case to the Children and Families Team, the team manager and social worker will discuss the current assessment of the family or the child in need assessment. A multi-agency meeting will be called to discuss the family s situation and to make a joint plan. If the family is not known to Education, Children s Services and Leisure then the Intake and Assessment team will write to the family with advice and also offer to undertake and Initial assessment to consider what services may be offered to the family. 3
Action to be taken if a household is deemed to be Intentionally Homeless/ Ineligible Housing Act/Children Act provision Housing Act The Housing Group will assess their homelessness duties under the Housing Act 1996. If there is no duty, or the duties have been accepted and discharged (see above) then the Social Services Group will consider whether it has a duty to assist the family by undertaking an assessment to establish whether the child is In Need under Section 17 of the Children Act 1989. Section 213A of the Housing Act provides that Housing and Social Services must co-operate where children are involved. This support may be information or may be in relation to provision of accommodation (in exceptional cases) whilst further assessments take place by Children s services. Definition of a Child in Need A child shall be taken to be in need if: a) He is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part; b) His health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or c) he is disabled. A child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed. Development means physical, intellectual, emotional, social or behavioural development; and health means physical or mental health. Possible indicators of a Child in Need are: - 4
a) Families who are not entitled to housing under the Housing Act, for example who are ineligible or who are found to be intentionally homeless, are required to vacate accommodation to which they are no longer entitled, or have refused the offer of reasonable accommodation. AND b) Who have one or more children under 16 years old AND c) Who have no other accommodation available with family or friends for example AND d) Who do not have sufficient financial resources to enable the family to provide their own accommodation? The following types of assistance may be provided by the Local Authority, subject to assessment: - - In order to secure a tenancy in the private sector, the loan or grant of a rent deposit of a maximum value of 4 weeks rent, together with a rent in advance payment to the value of 4 weeks rents where this is payable at the commencement of any tenancy in the private sector. - Payment of fares to relocate to a safe abode. Agreed action by Education, Children Services and Leisure and the Housing Department 1. The Housing Group may also provide general advice and assistance in negotiations with landlords or agents and in facilitating applications for Housing Benefit. The Housing Group may provide details of any properties available, but will make no recommendation in respect of them. Completion of a letting agreement is solely between the landlord and the prospective tenant/homeless household. 5
2. Neither Housing or Education, Children s Services and Leisure will accept any responsibility for guaranteeing the prospective tenant/homeless household s behaviour. In addition in cases where the family has been evicted due to Anti social behaviour this must be disclosed to any prospective Landlords. 3. In circumstances where a family appears to fall into the Indicators of Child in Need, as above, the Housing Group will either provide temporary accommodation, or will allow the family to remain in their temporary accommodation for a period not exceeding four weeks. 4. The period of the temporary accommodation will normally run consecutively with any duty to provide temporary accommodation for intentionally homeless households under Section 190 of the Housing Act 1996 and/or Notice to Quit/other proceedings for possession. 5. Social Services Group will carry out a Child in Need assessment where the family makes contact at the start of the four-week period. This period could be extended for two further weeks at the request of the Children and Families Team manager and for a further two-week period at the request of senior managers, Children and Families Division. Any period exceeding the initial four-week period in temporary accommodation will be funded by the Social Services Group. 6. The Housing Group will not provide temporary accommodation after this four-week period, or after the two/four week extension requested and funded by the Social Services Group. 7. The cost of the provision of temporary accommodation provided under this Protocol will be met by the Housing Group for the first four weeks. Any further period of temporary accommodation requested by Social Services Group, together with the costs of the rental deposit and rent in advance will be met from the Education, Children s Services and Leisure. 8. If Education, Children s Services and Leisure agree to provide accommodation within the private sector for 6
families by assisting with a rent deposit, the same Protocols as used by the housing department will apply. Consideration will be given to providing accommodation outside of London and there will be only one offer of suitable accommodation made to the family. If the family refuses this accommodation then Education, Children s Services and Leisure will withdraw support. 9. If the Social Services Group discharge their duty to a family under this Protocol, and a family subsequently becomes homeless again, the family may then make a further approach to the Housing Services Group, if there is a change in the household s circumstances from when the original negative decision was issued. 10. This Protocol is subject to regular review between Housing Services Group and Education Children s Services and Leisure Group. 11. This Protocol February 2006. APPENDICES TO THIS PROTOCOL Appendix 1 Extract of Homeless Persons Team s decision letter as to ineligibility/ intentionally homeless. Appendix 2 Temporary Accommodation Team s referral form to SSG (notification of eviction). 7
APPENDIX 1 EXTRACT OF DECISION LETTER FROM HOMELESS PERSONS TEAM TO INELIGIBLE/INTENTIONALLY HOMELESS HOUSEHOLD An offer of emergency Bed and Breakfast accommodation will therefore be made available to you for a further 28 days following the issue of this decision. The accommodation made available for you at will be cancelled as from. Your last night will therefore be. You are advised to contact the Authority s Housing Advice Team who can give you basic advice on securing your own accommodation. They can be contacted on 0208 379 4384. I will inform Social Services of your current situation. If you contact that section an assessment under the provisions of the Children Act 1989 can be carried out. You may request a review of this decision with 21 days of the date of this decision. Details can be obtained from this office. Yours sincerely Team Leader Homeless Persons Team ENFIELD HOUSING SERVICES 8
TEMPORARY ACCOMMODATION TEAM APPENDIX 2 Date of Referral: REFERRAL TO SOCIAL SERVICES CHILDREN AND FAMILIES Surname First Name Address Property/Hostel Manager & Tel Nos Family Composition Surname First Name DOB Relationship (inc appl/s) Date Possession Order Obtained:. Grounds:... Eviction date applied for:. Any other details:. To be completed by Social Services Action to be taken:... Appointed Contact Officer:.. 9