Section: Homelessness & Asylum Seekers

Allocations Overlooked Duty to Homeless

A report by Local Government Ombudsman Patricia Thomas on her investigation of a complaint, about housing allocations and homelessness, against Oldham MBC concludes maladministration but no injustice to the complainant.

An advice agency complained on behalf of Miss G about the Council's handling of her application for housing:

In April 2004 the Council came to the view it had a statutory duty to secure housing for Miss G and her family, as a homeless household.
The Council put Miss G on its waiting list, but restricted the properties for which she would be considered because of Miss G's outstanding debts to the Authority.
The Council made no offers of accommodation to Miss G.

The Ombudsman's investigation found that the Council, in its overall efforts to improve housing stock in its area, had overlooked its statutory duty to homeless people. The Council had failed to ensure that homeless households were awarded sufficient priority through its housing allocations procedure to have a realistic chance of being offered housing, compared with other people in the area with a high degree of housing need. The Council changed its points scheme to remedy this problem.

The Ombudsman did not consider that restricting the properties for consideration in such cases was unreasonable and found that it was unlikely that Miss G would have been re-housed earlier if there had been no maladministration.

Report No. 04/C/09984

Homelessness In Brief

The Immigration, Asylum & Nationality Bill was published, which includes the provision of accommodation to failed asylum seekers. The Act allows local authorities to provide accommodation to unsuccessful asylum claimants eligible for support under section 4 of the Immigration and Asylum Act (1999), without giving rise to a secure tenancy.
The Scottish Executive issued revised guidance on the provision of services to homeless people. All Scottish councils are required to follow the new Code, which provides guidance on meeting the 2012 target of ensuring everyone who is not intentionally homeless will be offered permanent accommodation.

The Code of Guidance on Homelessness is available online at www.scotland.gov.uk/publications/recent.
Tower Hamlets Council won the right to challenge an Appeal Court ruling, which held that a subsequent homelessness application was valid in the case of a woman who had unreasonably declined an offer of a secure tenancy from the Council, because the second application was not "identical" to or based on "exactly the same facts" as the initial application.

The Council had refused to take the subsequent application, taking the view that it had discharged its statutory duty, and the offer of accommodation turned down by the Applicant remained suitable. The Appeal Court, however, found that the obligation had been revived by a material change in the circumstances of the Applicant.

The issue raised here is one of legal difficulty, and of considerable practical importance to local authorities and to those seeking assistance with housing from local authorities.

Tower Hamlets Council is to appeal to the House of Lords.

Section: Homelessness & Asylum Seekers

Allocations Overlooked Duty to Homeless

Homelessness In Brief

Housing Monthly Diary

Issue: September 2005 Reporting on May-August 2005

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