Dorset Health and Wellbeing Board

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1 Dorset Health and Wellbeing Board Date of Meeting 8 November 2017 Subject of Report Report Author Partner Organisation Responsible Commissioning body Homeless Reduction Act 2017 and the Duty to Refer by Public Bodies Shelley Hayes Deputy Strategic Housing Services Manager, Christchurch and East Dorset Partnership Delivery partner/s All Board members Executive Summary This report informs board members of new Homelessness Legislation intended to be implemented April The Homeless Reduction Act (HRA) 2017 provides the biggest change in legislation governing homelessness in 40 years. It aims to ensure effective advice and support is provided to all eligible households at an early stage to avoid homelessness crisis. The Dorset Local Housing Authorities (DLHA) are working on implementation including providing briefings for local partners working with those who may be homeless or facing homelessness. Of particular note is a new Duty to Refer by certain Public Bodies who are yet to be specified. This report seeks board commitment to support the requirements of the Duty to Refer. Impact Assessment: Not required

2 Locality Impact: This reports impacts on all the localities in Dorset where a client(s) is homeless or facing homelessness. Budget: Risk Assessment: (For DCC reports) Having considered the risks associated with this decision using the County Council s approved risk management methodology, the level of risk has been identified as: Current Risk: LOW Residual Risk: LOW Health and Wellbeing Implications: There needs to arrangements between Local Housing Authorities and specified public authorities regarding the new Duty to Refer. This will provide better health outcomes for clients at risk of; or who are homeless Other Implications: There needs to be a robust understanding with all partners of their duty to refer in order for Local Housing Authorities to deliver the Dorset Homelessness Strategy. Evidence Base and Strategic Alignment Use of Evidence: None Evidence base within Joint Strategic Needs Assessment: Community engagement / expressed needs: Alignment with the Joint Health and Wellbeing Strategy: Early intervention preventing an individual or family becoming homeless will support the delivery of the Health and Wellbeing Strategy as this will directly contribute to prevention at scale. Recommendation Members of the Dorset Health and Wellbeing Board are asked to;

3 1. Note the update on the HRA 2017 and to support ongoing work on its implementation within the Board back in their respective organisations and communities. Reason for Recommendation Appendices To ensure Board members most of whom are likely to be representatives of public bodies are aware of the new legal duty in the HRA 2017 and the implications on their organisation of the new Duty to Refer. Background Papers The full Act can be viewed: Fact sheets produced by the Department of Communities and Local Government can be viewed: Officer Contact Name: Shelley Hayes Tel: Introduction 1.1 This report seeks to provide an overview for partners of HRA 2017 and implications for Duty to Refer agencies. 2. Homeless Reduction Act 2017 Background 2.1 On 18 August 2016 Bob Blackman MP published a private members Bill titled the Homeless Reduction Bill. This Bill has now received Royal Assent and is referred to as the Homeless Reduction Act (HRA) The HRA 2017 has the potential to transform the way homelessness services are delivered and ensure that all eligible applicants are given the help they need. 2.2 Local Housing Authorities (LHAs) are preparing to implement this legislation which is expected to come into force in April The HRA 2017 contains the most farreaching changes to homelessness legislation since the original Housing (Homeless Persons) Act 1977 was enacted forty years ago. It significantly amends the current Housing Act 1996 that Housing Services work to and increases the steps that will need to be taken. 2.3 In addition to legislative changes the new duties mean a culture change as to how applicants approaching local councils for housing assistance are dealt with. This has resulted in increased demand on services and staff turnover in Wales where similar legislation has already been implemented.

4 3 Main Legislative Changes Duty to Provide Advisory Services 3.1 Existing law does not specify the type or quality of advice and information that must be provided on homelessness and its prevention, nor does it require it to be tailored to meet the needs of local people, in particular the needs of certain specified groups. 3.2 This new measure is intended to ensure that all people have access to the same help in the first instance. It extends the existing duty to provide advisory services by placing a duty on LHAs to provide free information and advice to any person in the LHA s district on preventing and relieving homelessness, the rights of homeless people or those threatened with homelessness, as well as the help that is available from the LHA or others and how to access that help. The service is to be designed with certain vulnerable groups in mind (e.g. care leavers, victims of domestic abuse). Prevention Duty 3.3 Under existing legislation, the vast majority of LHAs carry out homelessness prevention work. However, as there is no statutory duty to do this for all households, not all LHAs engage in prevention activity for everyone. This means that in some instances some people may not receive the help they need and may end up becoming homeless when a relatively minor intervention could have prevented this from happening. 3.4 The new Prevention Duty will extend homelessness prevention so that help is provided at an earlier stage to all eligible households, regardless of priority need status, intentionality and whether they have a local connection. LHAs will take reasonable steps to help people secure accommodation. Historically LHA s focused on those considered to be in priority need however this legislation extends the help available to people not in priority need. 3.5 This means either helping households stay in their current accommodation or helping them to find a new place to live. The HRA 2017 extends the period for which people are considered threatened with homelessness from 28 days to 56 days before they are likely to become homeless, ensuring that LHAs can intervene earlier to avert a crisis. The intention is that earlier prevention will mean fewer households will have to face the stress and upheaval of a homelessness crisis. Relief Duty 3.6 Under existing legislation, if a homeless applicant does not have a priority need, they may receive very limited help. If they do have a priority need and are homeless through no fault of their own, they would move to the main homelessness duty as soon as it was established they were owed it. The relief duty means that the LHA and the applicant work together to find a solution tailored to the applicant s circumstances, regardless of whether the applicant is in priority need. 3.7 Homelessness relief is action taken to help resolve homelessness. The relief duty requires LHAs to take reasonable steps to help secure accommodation for any eligible person who is homeless. This help could be, for example, the provision of a rent deposit or debt advice.

5 3.8 The duty lasts for up to 56 days, and would be available to all those who are homeless and eligible regardless of whether they have a priority need. Those who have a priority need (for example they have dependent children or are vulnerable in some way) will be provided with interim accommodation whilst the LHA carries out the reasonable steps. Duty to Refer 3.9 This requires specified public authorities in England to notify a LHA of service users they think may be homeless or at risk of becoming homeless. The LHA await confirmation of the specified public authorities but a public authority is detailed as a person (other than a local housing authority) who has functions of a public nature. This could include agencies such as Health, Education and Social Services. It also: Requires public authorities in England specified in regulations to notify a local housing authority (LHA) of service users they think may be homeless or at risk of becoming homeless Requires the public authority to have consent from the individual before referring them, and allows the individual to choose which LHA they are referred to. This measure will help to extend the good practice that already exists in local areas across England and ensure that services are working together to prevent homelessness. It will also help to raise awareness that there are many, varied and sometimes complex reasons behind a person s homelessness. The intention is to ensure that a person s housing situation is considered when they come into contact with wider public services The Dorset LHAs are: Identifying key partner agencies (statutory agencies and specified public bodies) Reviewing existing protocols; joint working arrangements, referral arrangements and ensuring that housing and support pathways are in place Considering gaps in protocols and notification arrangements with local partners and public services. Considering referral and monitoring arrangements Personal Housing Plan (PHP) 3.11 Currently LHAs are not required to assess the circumstances that caused an applicant to be homeless or threatened with homelessness nor are they required to complete a personalised plan. This new approach requiring an assessment of an applicant s circumstances, and the housing needs of and support required for the applicant and any other relevant person(s), will help LHAs to respond more effectively to individual circumstances through providing more tailored support The LHA and applicant will work together to understand what needs to happen to prevent and alleviate their homelessness. The PHP will need to be updated on a regular basis. 4 Funding

6 4.1 The Government have committed to providing New Burdens Funding that will provide 61m to be shared across all LHA s over two years. However, it is estimated that the implementation costs in London will be 161m (AHAS). DCLG are currently looking at distribution and notification of each LHA allowance is due in the autumn. 5 Conclusion The HRA 2017 aims to ensure effective early advice and support is provided to all eligible applicants by all LHAs to reduce the risk of actual homelessness. The new duties within the HRA 2017 will increase officer administration and there are more decisions which are subject to legal reviews. More time will be needed to support and advise applicants including a statutory requirement to keep their PHP current and updated. Extensive work to increase access to the private rented sector will also be needed as the HRA provides no new accommodation or access to it. Suggested staffing increase by consultants is 25 to 33 %. The new duty to refer by public authorities will require all public bodies to raise awareness within their organisation of the appropriate referral method once agreed. 6 Recommendation Members are asked to note the implications for Public Authorities under the new Duty to Refer and to support the work of the LHA in their implementation of the HRA 2017.

The Homelessness Reduction Bill Everything you need to know to prepare for it. Andy Gale

The Homelessness Reduction Bill Everything you need to know to prepare for it Andy Gale andygalehousing@outlook.com 07770221294 Homelessness Reduction Act * Biggest change in homelessness since the 1977