The following information is taken from the Local Authorties Code of Guidance when dealing with a Homeless Applicaiton (Sorry Andy/Admin its going to be a long post!) I suggest that your niece prints this off and armed with the repossession notice on the door sets off to the Council very early in the morning (If you think it will help I would give you my mobile number so you can call if their any doubts!)
APPLICATIONS FOR ASSISTANCE
6.2. Under s.184 of the 1996 Act, if a housing authority has reason to believe that a person
applying to the authority for accommodation or assistance in obtaining
accommodation may be homeless or threatened with homelessness, the authority must
make such inquiries as are necessary to satisfy itself whether the applicant is eligible
for assistance and if so, whether any duty, and if so what duty, is owed to that person
under Part 7 of the 1996 Act.
Interim duty to accommodate
6.5. If a housing authority has reason to believe that an applicant may be eligible for
assistance, homeless and have a priority need, the authority will have an immediate
duty under s.188 to ensure that suitable accommodation is available for the
applicant (and his or her household) pending the completion of the authority’s
inquiries and its decision as to what duty, if any, is owed to the applicant under Part 7
of the Act. Chapter 7 provides guidance on the interim duty to accommodate.
Authorities are reminded that ‘having reason to believe’ is a lower test than ‘being
satisfied’.
Form of the application
6.6. Applications can be made by any adult to any department of the local authority and
expressed in any particular form; they need not be expressed as explicitly seeking
assistance under Part 7. Applications may also be made by a person acting on behalf
of the applicant, for example, by a social worker or solicitor acting in a professional
capacity, or by a relative or friend in circumstances where the applicant is unable to
make an application themselves.
Applications to more than one housing authority
6.7. In some cases applicants may apply to more than one housing authority
simultaneously and housing authorities will need to be alert to cases where an
applicant is doing this. In such cases, where a housing authority has reason to believe
that the applicant may be homeless or threatened with homelessness, it may wish to
contact the other housing authorities involved, to agree which housing authority will
take responsibility for conducting inquiries. Where another housing authority has
previously made decisions about an applicant’s circumstances, a housing authority
considering a fresh application may wish to have regard to those decisions. However,
housing authorities should not rely solely on decisions made by another housing
authority and will need to make their own inquiries in order to reach an independent
decision on whether any duty, and if so which duty, is owed under Part 7. Any
arrangements for the discharge of any of their functions by another housing authority
must comply with s.101 of the Local Government Act 1972.
CHAPTER 7: INTERIM DUTY TO ACCOMMODATE
7.1. This chapter provides guidance on housing authorities’ interim duty to secure
that accommodation is available for an applicant if they have reason to believe
that the applicant may be homeless, eligible for assistance and has a priority need.
7.2. Section 188(1) imposes an interim duty on housing authorities to secure that
accommodation is available for an applicant (and his or her household) pending their
decision as to what duty, if any, is owed to the applicant under Part 7 of the Act if they
have reason to believe that the applicant may:
a) be homeless,
b) be eligible for assistance, and
c) have a priority need.
7.3. The threshold for the duty is low as the local authority only has to have a reason to
believe that the applicant may be homeless, eligible for assistance and have a priority
need. (See paragraph 6.5 for guidance on the “reason to believe” test.)
7.4. The s.188(1) duty applies even where the authority considers the applicant may not
have a local connection with their district and may have one with the district of
another housing authority (s.188(2)). Applicants cannot be referred to another housing
authority unless the housing authority dealing with the application is satisfied that
s.193 applies (i.e. the applicant is eligible for assistance, unintentionally homeless
and has a priority need). (See Chapter 18 for guidance on referrals to other housing
authorities.)
SUITABILITY OF ACCOMMODATION
7.5. The accommodation provided under s.188(1) must be suitable for the applicant and
his or her household and the suitability requirements under s.206(1) and s.210(1)
apply (see Chapter 17 for guidance on the suitability of accommodation). The
applicant does not have the right to ask for a review of the housing authority’s
decision as to the suitability of accommodation secured under the interim duty,
but housing authorities are reminded that such decisions could be subject to
judicial review.
7.6. Housing authorities should avoid using Bed &Breakfast (B&B) accommodation
wherever possible. Where B&B accommodation has been used in an emergency
situation, applicants should be moved to more suitable accommodation as soon as
possible. The Homelessness (Suitability of Accommodation) (England) Order 2003
provides that B&B accommodation is not suitable accommodation for families with
children and households that include a pregnant woman unless there is no alternative
accommodation available and then only for a maximum of six weeks.
Every Cloud has a silver lining. At the end of the Rainbow is a Pot of Gold - Or Hope!
