Intentionally homeless - Duties

When a local authority decides that a person is homeless and that they became homeless intentionally, the local authority is under a duty to ensure that temporary accommodation is made available for such a period as it considers will give the applicant a reasonable opportunity to secure their own accommodation. [1]

The local authority is also under a duty to give advice and assistance. [2]

A decision to discharge this duty may be open to challenge if the applicant:

• has not been given a reasonable opportunity to secure his/her own accommodation or

• the council have not provided sufficient advice and assistance,

When determining the time an applicant needs to spend in temporary accommodation the Code of Guidance advises that the local authority should consider the circumstances of the applicant and the availability of alternative accommodation in the area. [3] The English courts have held that local authorities should have no regard to their own resources when they are deciding whether or not they have given the applicant a reasonable opportunity to secure their own accommodation. [4] Instead the council should consider the applicant's situation including her/his circumstances and needs. Factors the council should consider include disability, addiction, mental health problems and whether the applicant has a chaotic lifestyle. In some cases, it may be reasonable to expect the authority to provide accommodation for a period of months. [5]

Advisers should point out that it could take a considerable period for some people, especially those with large families, to find their own accommodation. If no reasonable options have been identified, then the Code advises that the applicant has not had a reasonable opportunity to find accommodation and the duty to provide temporary accommodation continues. [6]

An English High Court held that in a case where a mother of three children had made little effort to find a deposit or register on housing lists with letting agents, a total of 85 days was more than a reasonable amount of time to give someone an opportunity to find accommodation, although a period of ten days initially offered by the authority was held to be inadequate. In the same case, the Court also held that an authority did not have to actually wait for an applicant to find accommodation, it just had to give them reasonable opportunity to do so, and that there was no obligation on the authority to ensure that any accommodation found was suitable. [7]

The majority of legal opinion suggests that the period of temporary accommodation runs from the date on which the local authority's adverse decision on intentionality is communicated to the applicant. [8]

In deciding what constitutes a period that gives the applicant 'a reasonable opportunity of securing accommodation' the Public Sector Equality Duty may be engaged if, as a result of a protected characteristic (particularly disability), it is more difficult for the applicant to secure their own accommodation. [9]Equality Act 2010 ] See the section on the Equality Act for more information.