Homelessness Law: The Brief
Scene setter
You work for a local authority and have obligations to some homeless people under the Housing Act 1996. However, those obligations are hedged by requiring that you are satisfied that a homeless person has priority need. This means a single person, for instance, must generally also be considered “vulnerable”. Vulnerability is a question about which the highest courts have struggled - and making decisions about who does and who doesn't get support is difficult. For local authorities this is compounded by the current housing crisis. Your challenge is to develop a petition to raise awareness of the problem of homelessness in your city and make a demand for change.
The Law
Read the relevant sections of the Housing Act 1996. Don't be put off by legal jargon or references to other sections of the Act, this is simply for you to get a feel for the law in this area, so you can start to see where gaps in housing support and provision could be.
- Section 189 (PDF, 82kB) of the Housing Act 1996 outlines priority need for housing based on certain vulnerabilties.
- Section 188 (PDF, 103kB) of the Housing Act 1996 outlines that those deemed a priority need should be supported with accomodation.
Some Data
How we count homelessness differs depending on how you define it. In 2018, the government's annual 'single night snapshot' of homelessness indicated that the number of people sleeping on the streets in England had risen by more than 50 per cent in two years, with numbers increasing from 2,744 to 4,134. But, we also know that the count is not necessarily accurate. Others, like Crisis, estimate that core homelessness in England totalled around 200,000 households in 2020, with hidden homelessness (sofa surfing) accounting for 110,000 households. Numbers of applicants to local authorities registered as homeless or threatened with homelessness were 289,000 in 2019/20. Single people with support needs make up a large part of the homeless population.
The Hotak Case
The Hotak case represents a landmark appeal against a local council decision for providing housing support. It is one that questioned vulnerability and whether to be considered vulnerable in the eyes of the law a person needs to be more vulnerable than another homeless person. Read the Supreme Court summary (PDF, 151kB) to find out more about the decision to allow the 'Second Appellant's' appeal. Whilst reading, it is important that you consider all sides of the story. What does this judgement mean for local authorities? Thinking like a lawyer means looking at the facts and presenting a balanced argument for change. This Guardian Article (PDF, 258kB) about the case may help develop your understanding of the impact of the appeal on local authorities.
New recommendations
The latest Homelessness Monitor for England, a report produced annually by the charity Crisis, evaluated homelessness in the context of COVID-19 and the preventative measures the Government put in place to reduce homelessness and protect one of society's most vulnerable groups. An article in The Big Issue (PDF, 257kB) sums up the report's findings and recommendations. As you read the article keep in mind what local councils may need in the future to fulfil their commitment to those with priority need, and make a note of the facts that best help build your case.
Pulling it all together
Once you've read all the background information, check out the 'creating a petition' check list to help clarify your thinking and formalise the ideas for your campaign. Keep in mind that you will be asking government to better support local council fulfil their commitment to supporting the most vulnerable gain access to housing so they can start to rebuild their lives.