local authority. often subject to review. While this gives greater clarity, it approach LHAs for will mean that care leavers housing assistance. This clause amends 1996 Act to formerly looked after by KCC can provide that all care leavers who are There is currently an apply to any district within the owed continuing duties under section acute shortage of County, regardless of which 23C of the Children Act 1989 are appropriate housing for district they were placed in for deemed to have a local connection in care leavers within LHA care. the area of the local authority that owes areas. Therefore them those duties. temporary accommodation Where the young person was looked placements and after by a county council they will have associated costs could a local connection to any district in that increase. county. Where a care leaver has lived in a different area to the above for at least two years, some or all of which falls before they turned 16 they also have a local connection with that district until they are 21. Review of Decisions Current rights of review This new set of review rights is Significantly increased Additional Rights of Review cover only the potentially very onerous. workload for senior The clause adds rights of review in decisions made staff. relation to new duties in the Bill. An regarding the applicant has the right to request a Ongoing legal training homelessness review when a local housing authority will be required at all application and the makes a decision as to: levels. suitability of what duty is owed to an Potential requirement accommodation. applicant under the new initial for housing law duty owed to all persons who specialists to be are homeless; recruited. duties to applicants who have Increased risk of deliberately and unreasonably challenge by failed to cooperate; homelessness charities, advocates, and the the steps they are to take to help Ombudsman, as well as the applicant secure suitable
local authority. This clause amends 1996 Act to provide that all care leavers who are owed continuing duties under section 23C of the Children Act 1989 are deemed to have a local connection in the area of the local authority that owes them those duties. Where the young person was looked after by a county council they will have a local connection to any district in that county. Where a care leaver has lived in a different area to the above for at least two years, some or all of which falls before they turned 16 they also have a local connection with that district until they are 21. often subject to review. While this gives greater clarity, it will mean that care leavers formerly looked after by KCC can apply to any district within the County, regardless of which district they were placed in for care. approach LHAs for housing assistance. There is currently an acute shortage of appropriate housing for care leavers within LHA areas. Therefore temporary accommodation placements and associated costs could increase. Review of Decisions Additional Rights of Review The clause adds rights of review in relation to new duties in the Bill. An applicant has the right to request a review when a local housing authority makes a decision as to: what duty is owed to an applicant under the new initial duty owed to all persons who are homeless; duties to applicants who have deliberately and unreasonably failed to cooperate; the steps they are to take to help the applicant secure suitable Current rights of review cover only the decisions made regarding the homelessness application and the suitability of accommodation. This new set of review rights is potentially very onerous. Significantly increased workload for senior staff. Ongoing legal training will be required at all levels. Potential requirement for housing law specialists to be recruited. Increased risk of challenge by homelessness charities, advocates, and the Ombudsman, as well as
Homelessness-Reduction-Bill-Final-121216.docx