{"id":38442,"date":"2018-02-09T11:47:02","date_gmt":"2018-02-09T11:47:02","guid":{"rendered":"https:\/\/www.pbctoday.co.uk\/news\/?p=38442"},"modified":"2018-02-09T11:47:02","modified_gmt":"2018-02-09T11:47:02","slug":"investigation-suggests-homeless-are-illegally-turned-away-by-councils","status":"publish","type":"post","link":"https:\/\/www.pbctoday.co.uk\/news\/planning-construction-news\/investigation-suggests-homeless-are-illegally-turned-away-by-councils\/38442\/","title":{"rendered":"Investigation suggests homeless are illegally turned away by councils"},"content":{"rendered":"<h2>People who have nowhere to sleep or are about to lose their homes are being turned away illegally by councils, according to a BBC Scotland investigation<\/h2>\n<p>Local authorities have a legal obligation to find accommodation for people facing homelessness.<\/p>\n<p>Government statistics show that most people are made homeless following a family breakdown or household dispute.<\/p>\n<p>Legal experts told the BBC that people were being unlawfully turned away by councils, despite their statutory duty.<\/p>\n<p>The <a href=\"http:\/\/www.lsa.org.uk\/\">Legal Services Agency<\/a>, a charity which provides legal advice to vulnerable people, said last year they saw some 200 people in Glasgow, many of whom had been turned away unlawfully without accommodation or help.<\/p>\n<p>Solicitor Alastair Houston said people were either being told immediately that they were not entitled or that there were no temporary places available.<\/p>\n<p>Houston said it was a &#8220;breach of their statutory duties&#8221; for local authorities to fail to provide temporary accommodation to someone presenting as homeless.<\/p>\n<p>He stated that council casework staff would often send people to him to get a lawyer&#8217;s letter threatening the local authority with a judicial review.<\/p>\n<p>&#8220;The thinking seems to be that the council will prioritise those who are clutching a legal letter if they don&#8217;t get the assistance they are entitled to,&#8221; he added.<\/p>\n<p>Any person has a right (under <a href=\"http:\/\/www.legislation.gov.uk\/asp\/2014\/14\/section\/28\/enacted\">section 28 of the Housing (Scotland) Act<\/a>) to make a homelessness application to their local authority.<\/p>\n<p>The council should then make inquiries to investigate:<\/p>\n<ul>\n<li>whether a person is homeless<\/li>\n<li>whether they are &#8220;intentionally homeless&#8221;<\/li>\n<li>whether the person has a local connection.<\/li>\n<\/ul>\n<p>A person has a right (under <a href=\"https:\/\/www.legislation.gov.uk\/ukpga\/1987\/26\/section\/29\">section 29 of the Housing (Scotland) Act 1987<\/a>) to temporary accommodation while the local authority is considering their homelessness application.<\/p>\n<p>The law states that a person has the right to make a homelessness application and government guidance says they must always be recorded as such if they have a <a href=\"https:\/\/www.pbctoday.co.uk\/news\/planning-construction-news\/dclg-accused-of-lack-of-urgency-on-homelessness\/37470\/\">homelessness<\/a> reason.<\/p>\n<p>This must happen \u2013 even if they are also applying for advice under what is known as &#8220;<a href=\"https:\/\/beta.gov.scot\/policies\/homelessness\/housing-options\/\">Housing Options<\/a>&#8220;.<\/p>\n<p>Being recorded as officially homeless ensures the applicant is not missing out on access to <a href=\"https:\/\/www.pbctoday.co.uk\/news\/planning-construction-news\/bsria-calls-for-more-social-housing-to-combat-homelessness\/37491\/\">temporary accommodation and additional support<\/a>.<\/p>\n<p>However, figures obtained via a series of coordinated freedom of information (FOI) requests highlight that in many cases people with homeless reasons are only recorded under Housing Options.<\/p>\n<p>The figures show a large variation in how many people recorded under Housing Options do not make a homeless application.<\/p>\n<p>If people are recorded as\u00a0&#8220;Housing Options&#8221;, they do not have to be provided with a bed and nor would they show up in homeless statistics.<\/p>\n<p>Housing options is an advice scheme which began in 2010 and is based on prevention of homelessness.<\/p>\n<p>A spokesman for <a href=\"https:\/\/glasgowcity.hscp.scot\/\">Glasgow Health and Social Care Partnership<\/a> said: &#8220;Going through the Housing Options process does not in any way prevent someone from making a formal homelessness application.<\/p>\n<p>&#8220;In Glasgow, some 58% of people who are assessed through Housing Options are supported to go on and make a homelessness application, which is well above the national average for all local authorities.<\/p>\n<p>&#8220;Out of all the major cities in Scotland, Glasgow ranks highest for the number of Housing Options cases that progressed to a formal homelessness application.&#8221;<\/p>\n<p>The spokesman added: &#8220;However, we fully accept there have been issues in relation to access to temporary accommodation.<\/p>\n<p>&#8220;We have been working with the Scottish Housing Regulator on a voluntary basis to address these issues and, as a result, we have reviewed and significantly reformed our service to improve the support we provide to those affected by homelessness.<\/p>\n<p>&#8220;We have invested \u00a312m in two 30-bedded emergency accommodation units and have been working extensively with social and private landlords to expand the number of temporary homes available to the homelessness service in Glasgow.<\/p>\n<p>&#8220;We have also developed a very strong partnership with third sector organisations to ensure we work more effectively with the most chaotic individuals affected by homelessness.&#8221;<\/p>\n<div class=\"mk-custom-module-container\">\n<\/div>","protected":false},"excerpt":{"rendered":"<p>People who have nowhere to sleep or are about to lose their homes are being turned away illegally by councils, according to a BBC Scotland investigation<\/p>\n","protected":false},"author":16,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[304],"tags":[276,829,656,570],"stakeholder_rel_tag":[],"contributor_rel_tag":[],"class_list":{"0":"post-38442","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-planning-construction-news","7":"tag-government","8":"tag-homelessness","9":"tag-housing","10":"tag-social-housing"},"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v26.9 (Yoast SEO v26.9) - https:\/\/yoast.com\/product\/yoast-seo-premium-wordpress\/ -->\n<title>Investigation suggests homeless are illegally turned away by councils | Planning, 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