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ITEM EX7
EXECUTIVE–
1 OCTOBER 2002
HOMELESS
FAMILIES - SOCIAL SERVICES RESPONSIBILITIES
Report by
Interim Director of Social Services
Purpose
of the report
- The purpose of
this report is:
- to provide an
update on the legislation in respect of homeless families
- to highlight
the implications of such legislation for the Children’s Division of
Oxfordshire Social Services Department.
- to set out a
significant unfunded budget pressure
Introduction
- Under current
housing legislation, housing authorities have no statutory duty to offer
accommodation to applicants who are found to be "intentionally homeless"
or who are ineligible due to their immigration status. Such families
are advised to contact Social Services for assistance if they are unable
to find accommodation for themselves, and the relatively high numbers
of families who fall in this category, particularly in Oxford City,
have resulted in an increasing demand on the Children’s Division of
the Social Services Department.
- Oxfordshire Social
Services have generally exercised their functions in relation to these
families under Section 17, Children Act 1989 which states that:
"It
shall be the general duty of every local authority:
- To safeguard
and promote the welfare of children within their area who are in need;
and
- So far as
is consistent with that duty, to promote the upbringing of such children
by their families, by providing a range and level of services appropriate
to those children’s needs".
Background
Information
- In the case of
families in Oxfordshire assessed as being ‘homeless’ and eligible for
support, the response has been to meet the costs of accommodation in
order to keep families together and to avoid bringing children into
the care system. Such families were placed in B&B or hostel accommodation
with a move on after a period of time to temporary self-contained accommodation,
the expectation being that families would eventually obtain tenancies
in the private rented sector.
- However, the chronic
shortage of affordable housing and/or of landlords willing to accept
families in receipt of income support or housing benefit has made this
an increasingly difficult goal. Consequently families have remained
in what was intended as temporary accommodation for longer periods.
- The problem is
exacerbated by the fact that some of the families have behaviours and
social needs which make them unattractive tenants in a competitive marketplace.
Consequently, the landlords willing to provide accommodation to such
families charge a much higher rate to Social Services.
- As a result, by
October 2001, Oxfordshire Social Services Department was funding 26
families [56 children] in various types of accommodation [B&B, hostel
and self-contained] at an average cost of £550 per family per week,
only a proportion of which could be reclaimed from housing benefit.
- The recognition
that the Social Services Department is not a housing provider and that
the Department was not equipped to fulfil this function, coincided with
various legal judgements that cast doubt on the ability of councils
to use Section 17 of the Children Act 1989 to provide accommodation
to children in need and their families.
- These factors
prompted a review of the support arrangements provided to homeless families.
Extra staff resources were diverted to work specifically with those
families funded by Social Services in temporary accommodation. In addition,
liaison was undertaken with various agencies, and procedures put in
place both to facilitate early identification of families likely to
be facing eviction.
Outcome
- As a result of
these, fifteen of the targeted families were successfully moved into
tenancies in the private sector with rents being met, all or in part,
by Housing Benefit. Social Services is acting as guarantor for two families,
for a time limited period, with a potential financial commitment if
Housing Benefit fail to deliver. Two families were deemed not to be
eligible for services on re-assessment, three made their own arrangements,
and the Housing Department accepted responsibility for another two.
Four other families remain in temporary accommodation for which funding
has been withdrawn and are facing eviction. Social work support is ongoing
for these families as it is for some of the others where there were
assessed needs over and above the issue of housing
- The landlords
who provided the properties for these families are disputing the Department’s
right to withdraw funding whilst families remained in the properties.
- Earlier notification
and the adoption of stringent thresholds for intervention have led to
a reduction in the provision of accommodation by Social Services, although
the need for such a service remains.
Current
Situation
- Families continue
to present as homeless. Furthermore such demand may increase in light
of:
- the additional
powers given to housing authorities to evict tenants who engage in
anti-social or criminal activity
- the demands
arising from families from other countries seeking to live in or around
Oxford [asylum seekers and non-habitual residents]
- confirmation
by the government of the duty/powers of Social Services Departments
to provide such a service reinforced by the Homelessness Act 2002.
Legal Framework
- Under the Homelessness
Act 2002, implemented in July this year, housing authorities are required
to work with relevant agencies, including Social Services, to formulate
a strategy with a view to preventing homelessness and ensuring that
sufficient accommodation and satisfactory support will be available
for people who are, or may become homeless. ‘Homeless’ includes intentionally
homeless people, homeless people in the area without a local connection
and those not in priority need.
- The Act specifies
the need for co-operation between the housing authority and the Social
Services Department in certain cases involving children where a local
housing authority has reason to believe that an applicant, with whom
a person under the age of 18 normally resides, is ineligible for provision
by the local housing authority.
- Under this Act,
persons ineligible for such provision are:
- a person subject
to immigration control within the meaning of the Asylum and Immigration
Act 1996.
- a person from
abroad who is ineligible by virtue of sub-section (5) [non-habitual
resident]
- a person [including
any member of his household] who has "been guilty of unacceptable
behaviour serious enough to make him unsuitable to be a tenant of
the authority"[subsection (7)]
- Such families,
with children and in need of accommodation, will refer themselves, or
be referred, to the Social Services Department for an assessment to
determine whether the children of the family meet the definition of
a ‘child in need’. If the assessment concludes that there are significant
welfare or protection issues, the Social Services have a duty to respond
and this may entail a choice between supporting the family in accommodation
under Section 17 of the Children Act 1989, as previously, or accommodating
the children under Section.20[c] of the Children Act 1989 which states:
"Every
local authority shall provide accommodation for any child in need within
their area who appears to require accommodation as a result of the person
who has been caring for him being prevented (whether permanently or
for whatever reason) from providing him with suitable accommodation
or care".
- Current policy
is that the Department "is not a housing provider" and "does not normally
provide funding or accommodation for families". Current procedures allow
for the provision of emergency accommodation for up to two weeks.
Issues
- The costs (£526,000)
of supporting homeless families 2001-2002 contributed significantly
to the Divisional and Departmental overspend.
- No budget has
been allowed for this purpose in the financial year 2002-2003.
- There is a statutory
duty to provide a service/support to most of the families who are assessed
as being homeless and ineligible for provision by the housing authority.
The Department could discharge this duty by meeting the costs of accommodation
for the family or by offering to accommodate the children.
- The former response
relies on the provision of accommodation by letting agencies who can
charge rates not related to the standard of accommodation, and will
undoubtedly lead to an overspend of the Children’s Community Support
Budget.
- The latter response
also carries a financial cost, relies on placements being available
and involves separating children from parents, siblings and community
links, which may be difficult to justify as being in the best interests
of the child. Such a response would also run counter to a key objective
of the Quality Protects initiative, to reduce numbers of children in
placements.
- Potentially, families
may end up on the streets opening the way for legal challenge, create
adverse publicity, and most significantly place children "at risk".
The Courts have directed the Social Services Department to financially
support homeless families, to enable them to secure appropriate accommodation
in a small number of cases.
The Way
Forward
- The Homelessness
Act 2002 provides an opportunity and impetus for housing authorities
and Social Services to work co-operatively with other agencies to reduce
the number of, and provide services to, homeless families. This will
not impact on the immediate situation of families presenting as homeless.
- The Transitional
Housing Benefit Scheme offers a potential source of funding to provide
accommodation and support services to this group of vulnerable families.
Conclusions
- Parents who are
homeless are unlikely to be able to adequately meet the needs of their
children and the Social Services have a clear duty to assist such families.
The particular circumstances of the majority of these families, combined
with the high cost of accommodation in Oxford, makes it difficult for
them to obtain, and/or retain, housing in the private sector. The combined
pressures of legal obligation, evident need and budget constraints place
the social services in a difficult position.
Financial
Implications
- The costs of funding
accommodation for homeless families in 2001-2002 was £526,00. Whilst
the Department is taking action to assist families secure accommodation
via public and private housing providers, on current demand, assessments,
and directions from the Courts, it is estimated the costs for 2002-2003
will be £200,000.
Implications
for those Living in Poverty
- Children whose
parents are homeless are likely to suffer as a result of the stress
and insecurity being experienced by their parents as well as from the
disruption to links in the community such as friends, school and health.
Such families face social exclusion, and any problems that may have
contributed to their homeless status are likely to be exacerbated and
harder to address.
RECOMMENDATIONS
- The Executive
is RECOMMENDED to:
- note
the unfunded budget pressure and associated risks;
- request
the lead Service Manager to liaise with local housing agencies
with a view to contributing to inter-agency response to the
problems posed, and faced, by families who are, or are at risk
of, homelessness;
- ask
the Director to be proactive in exploring potential for developing
a scheme to provide accommodation for homeless vulnerable families
to be funded in main by Housing Benefit and Supporting People
grant, but recognising that such a scheme cannot be provided
at nil cost.
STEPHEN
WILDS
Interim Director
of Social Services
Background
Papers: Nil
Contact
Officer: Vanessa Burbidge, Service Manager, Social Services Department,
JR
1 Hospital, Headington, Oxford Tel: 01865 222644
September
2002
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