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YOUNG PEOPLE’S SUPPORTED ACCOMMODATION (YPSA) SERVICES
HOUSING & IMMIGRATION TRAINING
KEVIN MANNION, Children’s Services Lead For
Accommodation And Immigration
MELISSA RUSSON, Accommodation And Immigration
Worker
JACKIE GOODWIN, Housing Development Officer
WHAT WE WILL COVER IN THIS SESSION
• Homelessness: why does it happen?
• Housing provision for young people
• Homelessness legislation and
housing authority duties
• Immigration and the EU settlement
scheme
HOMELESSNESS: WHY DOES IT HAPPEN?
• Domestic Abuse
• Mental Health
• Alcohol abuse
• Drug use
• Rent arrears
• Unaffordable Housing
• Unemployment
• Family breakdown
• ASB
• Benefit issues
• Immigration status
• Rogue Landlords
• Exploitation
CHILDREN’S SOCIAL CARE DUTIES AND POWERS
Limitations on duties and
powers:
• Onus remains on parents to
find a solution
• Duty is towards children not
parents
• Many families are excluded
from S17 support (Schedule 3
NIAA)
Where a ‘temporary’ duty is
accepted:
• No housing stock
• Limited options
• High financial burden
• Poor outcomes
HOUSING AUTHORITY DUTIES AND POWERS
Housing (Homeless Persons) Act 1977 defined homelessness for the first
time and placed duties on local housing departments to house people with
dependent children and other vulnerable people.
The Homelessness Act 2002 extended entitlements to rehousing to a wider
group of ‘single’ homeless people.
Homelessness Reduction Act 2017 bolted on duty to Prevent and Relieve –
required the causes of homelessness to be addressed further upstream.
Public bodies including social services required to refer people at risk of
homelessness to the local housing authority. This is known as the “Duty to
Refer”.
HOMELESSNESS REDUCTION ACT DUTY TO REFER
• Seeks to help people gain access to housing services
as soon as a need is identified and so reduce the risk
of homelessness
• Relevant for young people leaving the Supported
Accommodation Service who are ready to move into
independent tenancies
• Can be done at local housing office or via the Alert
portal
• Each applicant will have a Personal Housing Plan
NATIONAL HOUSING ENTITLEMENT FOR CARE LEAVERS
• Young people aged 18 and over can hold tenancy in
their own right – under 18 they can’t
• Housing Benefit element of Universal Credit -
equivalent to one bedroom property rate for ages 18-
22
• Drops to shared property rate at age 22
• Council tax waived for CLs up to age 25
• Important to be realistic about what is sustainable
LOCAL PROTOCOLS, AGREEMENTS AND GUIDANCE IN PLACE
• Gov requirement that Children’s
Social Care and Local Housing
Authorities work together to
house Care Leavers.
• Agreements or guidance in place
with City and District Councils.
• Set out move on options to include
• Private Rented Sector (PRS)
• Priority on the Housing Register
(HR) for social housing
• Alternative supported
accommodation
• Details different in each District/City
• PRS or HR require young people
to demonstrate tenancy readiness:
• Any issues relating to drug/alcohol use
or mental health addressed
• Good money management – no
existing rent arrears
• Should be EET
• Evidence of property management
skills – cooking, cleaning, etc.
LOCAL ACCOMMODATION PANELS
• Manage the traffic within and out of the Young
People’s Supported Accommodation Service
• Meet monthly in each District
• Attended by support staff from service/ CL’s PA
or social worker, housing manager from relevant
District
• Discuss individual cases and agree next housing
steps
MANAGING EXPECTATIONS…
• Be realistic about their options.
• Social Housing is in short supply.
• Private market is the likely option for most.
• A place in a shared house maybe more financially
sustainable than a 1 bed flat.
• Work with Housing providers and SW on
solutions.
• Advocate.
PREPARATION FOR INDEPENDENCE
• EET where possible
• UC claim begun where appropriate
• Tenancy ready
• Understanding own responsibility
• Property maintenance
• Neighbours
• Utility and other bills
• Understanding responsibility of landlord
• Support available from Leaving Care PA
POSSIBLE FINANCIAL HELP AVAILABLE
• Housing Benefit element of UC
– five week delay in payment from date application accepted
• Setting up Home allowance
• furniture, bedding etc payable by CSC
• Bond scheme –
• deposit guarantee for PRS tenants – payable by Housing
Authority
• Eligibility and details differ by District
• Discretionary Housing Payment
• Can help with high rent if tenant on HB or UC
CASE STUDY
Danny is a young man aged 17 and a half.
He is a Care Leaver and has been in the Young People’s
Supported Accommodation Service for 2 years. He struggled
at school and frequently missed classes.
However for the last year he has been attending college in
Abingdon and wants eventually train as an electrician.
Both Danny and the staff feel he would benefit from moving
into independent accommodation.
CASE STUDY QUESTIONS TO CONSIDER
• What are Danny’s options?
• What would you advise him to focus on realistically?
• What is the process for progressing his chosen
option?
• What will he need to demonstrate to a prospective
housing provider?
• What financial help can Danny expect?
• What ongoing support will Danny need when he gets
his own place?
HOUSING JARGON BUSTINGHousing
Prevention Duty (Homelessness
Reduction Act 2017)
Provision of help for people at risk of losing suitable accommodation within 56 days
Relief Duty (Homelessness Reduction
Act 2017)
Provision of suitable accommodation for all people who are homeless
Main Duty (Homelessness Act 2002) Provision of accommodation for people who are eligible, in priority need and unintentionally
homeless
Priority Need List of people including pregnant women, households with dependent children, people who are
vulnerable, and some categories of young people who are not the responsibility of Children’s
Social Care
Intentionally Homeless If being homeless could have been avoided by eg paying the rent, avoiding antisocial behaviour,
accepting an offer of suitable accommodation
Housing Register A list of eligible people looking for local authority or housing association rental accommodation.
Kept by a local housing authority and operates as a waiting list. Sometimes known as Choice
Based Lettings or CBL
Personal Housing Plan Document drawn up by Housing and person in need of housing which sets out the steps to be
taken to help a person secure accommodation.
Section 21 notice (Housing Act 1988) Possession order issued by a landlord to a tenant where no reason is needed – once the fixed
term of a tenancy has elapsed. (The Gov intends to remove this option)
Section 8 notice (Housing Act 1988) A possession notice which can be issued before the fixed term has elapsed if a tenant is in breach
of their agreement.
Assured Shorthold Tenancy (AST) Most common type of rental agreement especially in the private rental sector. Usually run for 6
months initially but can then roll on month by month or be renewed for another fixed term
Registered Provider (RP) Provider of social housing – could be a Housing Association of a local Council
ADDITIONAL RESOURCES FOR YOUNG PEOPLE
• Debt management
http://citizensadviceoxford.org.uk/ 03444 111 444
• Education and Employment support:
www.aspireoxford.co.uk or www.crisis.org.uk
LET’S TAKE A BREAK…
CSC SUPPORT FOR HOUSING AND IMMIGRATION
Housing and Immigration Team
• A dedicated Countywide resource that supports
all services, Teams and external partners with
expert advice and guidance.
• Positive working relationships with the City and
District Housing Authorities, Home Office and
the Voluntary sector.
CSC SUPPORT FOR HOUSING AND IMMIGRATION
Housing and Immigration Champions Network
• 27 Champions across CSC Teams
• Looking to expand to YPSAS
• Specialised training
• Regular meetings and mutual support
• Increased knowledge and confidence in this complex
area
• Access and influence in Housing & Immigration cases
HOUSING AUTHORITY DUTIES IN CASES OF HOMELESSNESS: THE LAW
PR
EV
EN
TIO
N D
UT
Y Take ‘reasonable steps to help the applicant secure that accommodation does not cease to be available’
S4 Homelessness Reduction Act 2017
RELIE
F D
UT
Y Take ‘reasonable steps to help the applicant secure that suitable accommodation becomes available’
S5 Homelessness Reduction Act 2017
MA
IN D
UT
Y ‘Secure that accommodation is available for occupation by the applicant.’
S193 Housing Act 1996
Housing maintained Housing found
Housing provided
THE PREVENTION DUTY
• Eligible
• Threatened with homelessness within 56 daysWho?
• Create Personalised Housing Plan
• Complete assessment
• Help applicant stay in current home
• If not possible, help them secure other accommodation
What?
• After 56 days
• Failure to cooperate
• Accommodation secured (6 months)
• Accommodation refused
• No longer eligible
• Application withdrawn
• If applicant becomes homeless, consider Relief Duty.
How does it end?
THE RELIEF DUTY
• Eligible
• HomelessWho?
• Assessment and PHP carry over
• Help applicant secure accommodation
e.g. private rented offer, deposit, connecting with support services
OR Refer to another LA
• For priority need applicants, provide temporary accommodation
What?
• After 56 days
• Failure to cooperate
• Accommodation secured
• Accommodation refused
• No longer eligible
• Application withdrawn
• If applicant remains homeless, consider Main Duty
How does it end?
Can also end main duty
THE MAIN HOUSING DUTY
• Eligible
• Homeless
• In priority need
• Not homeless intentionally
• Has a local connection
Who?
• Social housing offer
OR private rented offer
OR if local connection is elsewhere, refer to other LA
• Provide temporary accommodation in the interim
What?
• Accommodation offered and accepted (social or private rented)
• Accommodation refused
• No longer eligible
• Application withdrawn
NB: Main duty can be ended at the relief stage if applicant refuses a suitable offer.
How does it end?
PREVENTION FIRST APPROACH
• Don’t wait! Intervene as upstream as possible:
• Welfare Reform ‘Springboard’ Oxford city
http://occweb/intranet/welfare-reform-team
• Housing benefit claimants Direct Payments
• Debt management http://citizensadviceoxford.org.uk/
03444 111 444
• Education and Employment support:
www.aspireoxford.co.uk or www.crisis.org.uk
IMMIGRATION
WHAT IS THEIR IMMIGRATION STATUS?
• There are many different possible immigration
statuses
• Some foreign nationals have the same rights as British nationals
• Some foreign nationals have a status that limits their rights
• Some foreign nationals have no status i.e. are present illegally
• Most foreign nationals are able to live, work and
exercise their rights without ever accessing social
services
• Some foreign nationals will require support unrelated to their
immigration status
• Some foreign nationals will be vulnerable or require support as a
result of their immigration status
EU NATIONALS: CURRENT RIGHTS
EU nationals are:
• Allowed to leave or enter the UK whenever they want.
• Allowed to live in the UK if they are exercising EU treaty
rights.
• Allowed to work in the UK.
• Allowed to study in the UK.
• Allowed to rent a home in the UK.
• Under some circumstances, are allowed to claim benefits
and help with housing in the UK.
EU NATIONALS: CURRENT RIGHTSSOCIAL ASSISTANCE
• If exercising treaty rights:
• Access to benefits
• Access to housing
• Excluded from support under:
• Section 17 Children Act
• Leaving Care provisions
• Care Act
(Schedule 3 Nationality, Immigration and Asylum Act)
• Support can be refused following a Human Rights
Assessment
EU SETTLEMENT SCHEMEWHAT IS IT?
• 2 forms of leave are available:
• Indefinite Leave to Remain:
• If you can evidence 5+ years in the UK
• No requirement to have worked
• Grants full access to benefits, housing and other public funds
• Limited Leave to Remain
• If less than 5 years in the UK
• Must be working to access benefits etc
• Can be upgraded to ILR if they reach 5 years before scheme ends
• Everyone needs to apply as existing rights will not be retained.
• https://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-
status
• Asylum Welcome can support vulnerable people in Oxfordshire to apply.
EXCLUSIONS FROM SUPPORT
Local authorities are excluded from providing support to the following
groups:
• EEA nationals or people with refugee status in the EEA
• Some refused asylum seekers
• People who are unlawfully present in the UK
Support cannot be provided under:
• S17 Children Act (Children in Need)
• S23C, 23CA, 24A, 24B Children Act (Care Leavers)
• Part 1 Care Act (Adults with care/support needs)
(Schedule 3 Nationality, Immigration and Asylum Act 2002)
WHERE SUPPORT MAY BE OFFERED..
However, we may need to offer support if to refuse it would be a
breach of their human rights:
• In an emergency
• If they cannot freely return to their country of origin
Possible barriers to return:
• Medical conditions including pregnancy
• No travel documents
• Outstanding Human Rights Application to remain in the UK
(Birmingham vs Clue, 2010)
If we believe there is no barrier to return, we must complete a
Human Rights Assessment before refusing support.
WHEN CSC SUPPORT IS OFFERED..
If there is a barrier to return and we believe the family may be
destitute:
• Child and Family Assessment
• Full financial assessment
If a duty is accepted under S17 we can provide
• Accommodation in a hotel/B&B
• For very long term cases, we may lease a house (currently 2
cases)
• Subsistence according to subsistence protocol (will be
circulated)
CSC SUPPORT FOR HOUSING AND IMMIGRATION
• Housing and Immigration Team
• A dedicated Countywide resource that supports all
services, Teams and external partners with expert advice
and guidance.
• Positive working relationships with the City and District
Housing Authorities, Home Office and the Voluntary sector.
CONTACT DETAILS.
• Children’s Services Lead for Accommodation and
Immigration
• Mobile: 07917534326
• Accommodation and Immigration Worker / Champions
Network Coordinator
• Mobile: 07920084357
