28 September 2001

1. Introduction

The Housing Executive is pleased to have been invited to make comments to the Committee's Inquiry into Homelessness in Northern Ireland.

2. As the Committee will be aware, the Housing Executive launched a wide-ranging review of its Homelessness Strategy and Services in September. The closing date for responses was 31 December 2001.

Some 30 responses have been received. By and large responses have supported and welcomed the direction proposed in the review.

3. Researchers from the Committee have previously been briefed on the review.

4. The Housing Executive would be keen that its review and the responses received to its consultation exercise inform the Committee's Inquiry. Likewise we would be keen that the Committee's Inquiry should inform the Housing Executive's final conclusions on its Strategy.

5. The current timescale for the Housing Executive's Review is:

• Close of Consultation - 31st December 2001
• Detail to Board approval to be inserted
• Implementation to commence in April 2002

Subject to the agreement of our Board and on your timetable we would consider delaying our conclusion of the report until after you have published your inquiry report.

6. We would wish to highlight that in bringing forward its review of the Homeless Strategy and Services, the Housing Executive engaged with the Voluntary and Statutory sector in a thorough way to ensure that the proposals were full and comprehensive and represented the experience of all those working in the Homeless sector.

7. Approach Taken to this Response

It is our belief that a significant part of information required by the Committee is contained in the Housing Executive's Consultation Paper. This represents our main submission. We would be happy to present at a later stage to the Committee:

• A summary of the responses received to the Consultation
• Any revisions we would intend to make to the proposals in the light of consultation

8. For the purposes of your Inquiry and drawing from the Consultation Paper, I have summarised in the remainder of this note information and views in respect of the main elements of your terms of reference namely:

• The extent of Homelessness in Northern Ireland
• The current arrangements for dealing with Homelessness in Northern Ireland
• Comparisons with England, Scotland, Wales and Republic of Ireland
• Identify models of good practice

9. In addition we would wish to highlight to the Committee the Housing Executive's views on:

• The provisions expected to feature in the Housing Bill
• The funding requirements for the Strategy
• The linkages with Supporting People Reform

10. Extent of Homeless in Northern Ireland

The key points are:

• 10,000 to 11,000 applicants present as homeless each year. However, in 2001/2002 there was an increase to 12,694. This increase was due in part to the loyalist feud and in part to the new assessment methods introduced as part of the Common Selection Scheme.
• Singles represent 50% of presenters and family households 41%. Twice as many males as opposed to females present.
• 40% of those presenting are accepted as statutory homeless. Families (at 52%) are more likely to meet the statutory requirement. 31% of singles met the statutory requirement.
• Households accepted as homeless represent 1.1% of total households, which is a higher ratio than England, Scotland and Wales.
• The main reason for homelessness has consistently been the breakdown of sharing arrangements or marital/ partnership relationships.
• Homelessness is predominantly an urban problem, although there are concerns about "hidden" homelessness in rural areas.
• Around 20% of those presenting are placed in temporary accommodation.
• The majority of homeless applicants (81%) are housed by the Housing Executive.

11. Current Arrangements for Dealing with Homelessness in Northern Ireland

The new elements of current homelessness planning and services are set out in the following paragraphs:

• Planning - Need at a provincial and District Council level is identified through the Annual Review of the Housing Market and District Housing Plans. Joint Planning with Health and Social Services identifies those with support needs. Temporary accommodation needs are identified annually.
• Prevention - Arrangements include advice and information on applying for accommodation, private rented tenant rights, use of guarantee schemes, referral to specialist agencies for advice on debt, marital breakdown and property rights. A range of voluntary agencies, including the Housing Rights Service, Belfast Law Centre and CAB provide independent advocacy services. It is acknowledged in the proposed strategy that more needs to be done by way of prevention.
• Reception Services - Homeless applicants present to Housing Executive District Offices during office hours. Outside office hours Social Services provide after hours cover for the Housing Executive. These arrangements we believe are well known to various agencies and the voluntary sector. Arrangements in respect of temporary accommodation placement vary from area to area and are complex.
• Assessment and Enquiries - The Housing Executive is responsible for carrying out the Homeless assessment under the legislation and in doing so relies heavily on information from other agencies. The target is to assess 95% of all homeless applications within 33 days. Current performance is 95% for the month of November 2001 [92% for the year to the end of November 2001].
• Temporary Accommodation - The Housing Executive is required to provide temporary accommodation to those who are assessed as meeting the statutory homeless requirement and also are required to provide temporary accommodation while enquiries are being carried out. Temporary accommodation is provided by Voluntary Sector hostels (these hostels also offer direct access to homeless not meeting the statutory assessment); Housing Executive hostels and from the Bed and Breakfast register. The costs of temporary accommodation are usually fully met by the Housing Executive through Housing Benefit, top-up payments and direct payments.
• Assistance with transport and furniture storage is provided by the Housing Executive.
• An internal appeals system is available for applicants who do not satisfy the statutory requirements.

12. Comparisons with England, Scotland, Wales and Republic of Ireland

Detailed comparisons are available in the Consultation Document. However, there are a number of key points:

• Legislation - The legislation in Northern Ireland is much more generous in Northern Ireland when compared to the remaining countries within the Isles. A Homes Bill in England and Wales will, in effect, enact the Northern Ireland provisions in terms of restoring the duty on local authorities to secure suitable permanent accommodation for unintentionally homeless people in priority need.

Additional proposals (to extend priority need categories to include vulnerable groups such as care leavers, victims of domestic violence, sixteen and seventeen year olds who are homeless and persons leaving institutional care) are not considered by the Housing Executive to be necessary in Northern Ireland since in practical terms, such groups would invariably be accepted by the Housing Executive as being vulnerable and hence in priority need under existing legislation.

• Homeless Strategies - A key feature in each of the other countries is the intention to place a statutory duty on Local Authorities to produce a Homeless Strategy for their locality. In England and Wales the Department of Transport, Local Government and the Regions (DTLR) recently consulted on a National Homeless Strategy. The outcome of this is attached at Appendix 1.
• Co-operation with Other Agencies/Voluntary Sector etc - A key feature of emerging strategic approaches in each of the nations is the need for joint working and collaboration with relevant agencies particularly to prevent homelessness and to support those who may be vulnerable to homelessness.

The Committee might wish to note that the intention in Scotland and Ireland is that a legislative duty should be placed on Local Authorities to produce a Homelessness Strategy and also to require other agencies (such as Health and Social Services) to produce plans to support this.

• Vulnerability - A common feature is the acceptance that homelessness is a complex problem involving people who may be vulnerable because of health, mental ill health, addictions and so forth. Housing on its own is not the answer.

13. Best Practice

In preparing its Strategy the Housing Executive consulted extensively with the statutory and voluntary sector and also carried out considerable desk research into practice elsewhere. We believe the recommendations set out in the Strategy and included in summary form in Appendix 2 to this note represent a broad range of best practice which, when implemented, will considerably improve the services. Consultation will, of course, identify others.

14. The Provisions of the Housing Bill Northern Ireland

The key proposed changes in the Bill include;

(a) New definition of homelessness in line with GB.

(b) Persons who contrive to represent themselves as homeless to be treated as "intentionally homeless".

(c) Persons subject to immigration control not to be entitled to assistance under homelessness legislation unless prescribed by the Department.

The provisions in the Bill are technical and will have no significant impact on the rights of the homeless. We would have concerns that the impression has been created that the Bill will reduce the rights of the homeless - this is not the case.

15. Funding

Current annual expenditure on homelessness is made up of the following elements:

These vary year on year according to the programme undertaken - in 2001/02 the Department of Social Development approved £5.5m for newbuild, homelessness projects.

The range of revenue costs are presented:-

To implement the Strategy additional expenditure of £12.95m per annum is required made up as follows:

• The permanent accommodation proposals will be broadly absorbed in the allocation of funding for new build. Additional costs arising from proposals would be around £3m per year (based on 100 higher cost units and 15 special acquisitions per year).
• The supported accommodation costs are estimated at £10.8m and this programme will have to compete for priority resourcing within the overall new build programme. Given that at least 20% of the new build finance is allocated to supported housing, the homeless proposals is deliverable over 3-5 year (approx £4m pa).
• Additional temporary accommodation, net of private lets, is estimated at £9m and will have to compete for priority resourcing. Again it is considered deliverable within 5 years, assuming current financial allocations are held or increase (approx £2m pa).

The remaining recommendations will require additional resources as set out below:

16. Relationship to Supporting People

Central to the Homelessness Strategy is a switch from a "bricks and mortar" approach to one involving working with other agencies and the focus would move to prevention and support for vulnerable people. Implementation of the Supporting People Reform will have a significant impact on the type of service that can be provided. The Housing Executive has bid for funding to the Executive Programme Funds to initiate a number of support schemes with the Voluntary Sector in the run up to the implementation date for Supporting People. So far these bids have been unsuccessful.

17. Conclusion

The Housing Executive has been pleased to be invited to make a submission to the Committee's Inquiry. We would be happy to expand on this before the Committee, if required.

P McINTYRE
Chief Executive

1.1 This report summarises the responses to the DTLR consultation on proposals for a National Homelessness Strategy. In total, 70 responses were received. The table in appendix 1 details responses by category of respondent.

1.2 The report is based upon discussion of the main elements in the consultation paper. Some subject areas have been omitted as they did not yield significant comment, whilst others have been joined together to avoid repetition. The views expressed in this summary are those of the respondents to the consultation, and should not be taken as representing the views of the DTLR Ministers or officials on these issues.

1.3 DTLR is now considering its response to the issues raised by this consultation exercise. However, Lord Falconer, the Minister for Housing and Planning, has already announced that a new Homelessness Directorate will be established within DTLR in the new year. The Homelessness Directorate will bring together and invigorate the existing work to help homeless people, as well as develop new work to help prevent homelessness, and investigate its underlying causes. It will be responsible for delivering the National Homelessness Strategy.

1.4 A brief overview of key comments on the Government's proposals follows:

2.1 The purpose of the strategy

• The purpose and remit of any strategy needed clarification.
• There was support for a strategy to be linked to resource allocation.
• Respondents thought any strategy should take a greater role in spreading innovation and good practice.

2.2 Diversity

• There was strong emphasis on the need to mainstream the needs of BME groups throughout the strategy.
• There was some support for services to be focused around the needs of specific groups.

2.3 What do we mean by homelessness?

• There was strong support for the extension of the priority needs categories.
• The need to tackle hidden homelessness was a key theme.
• There was considered to be a need for a clear definition of homelessness across the sector.

2.4 What is the extent of the problem?

• There was a clear consensus that homelessness varies in extent and character across the country.
• There was felt to be a need to tackle problems in areas facing the greatest demand for accommodation.
• Areas with low demand and rural areas highlighted their particular needs.
• There was strong support for a revised methodology for collecting data on the extent of homelessness.

2.5 Prevention

• There was overwhelming support for a focus on prevention.
• The need to adequately resource schemes was considered key to their success.
• There was a strong feeling that local homelessness strategies should include the role of all stakeholders in prevention.
• There was an emphasis on the need for user consultation.
• Most responses highlighted the importance of early detection of those at risk.

2.6 Wider Social Programmes

• Other social programmes could undermine the success of homelessness policies.
• There was criticism that the consultation document failed to demonstrate how a national homelessness strategy would link with other strategies.
• There was a strong emphasis on the need to link homelessness policy with housing benefit policy, Supporting People, health policies and crime and disorder strategies.

2.7 Advice

• There was a strong emphasis on the importance of independent advice.
• Most responses considered one-stop advice services the most appropriate.
• There was some concern over the quality of advice being offered by different agencies.

2.8 Resettlement and tenancy support

• There was strong support for systems of resettlement and tenancy support.
• Individually tailored support packages were considered important.
• The concept of tenancy support encompassed a variety of programmes including skills development, drug prevention and the provision of furniture.

2.9 Increasing the supply of social housing

• The Right to Buy scheme was considered to have reduced the supply of social housing.
• High demand areas supported schemes to assist them in increasing their supply of social housing.
• There was some concern that choice based lettings might lead to homeless applicants being forced to accept the least desirable properties.

2.10 Increasing the supply of affordable housing

• There was strong consensus that increasing the supply of affordable housing was key to tackling homelessness in high demand areas.
• Most respondents called for additional funding for affordable housing.
• There were varying calls for the role of the planning system to be re-examined in relation to homelessness and affordable housing.

2.11 Reducing reliance on unsuitable forms of temporary accommodation

• There was overwhelming support for targets to reduce reliance on temporary accommodation, particularly bed and breakfast accommodation.
• The achievement of these targets was thought to depend on the provision of affordable housing.
• There was a strong concern about standards of temporary accommodation.
• There was support for private sector leasing of temporary accommodation.
• There was a need to retain flexible temporary accommodation for certain groups.

2.12 Mobility Services

• There was support for mobility services, particularly from high demand areas.
• High demand authorities thought that low demand areas should use their local homelessness strategies to highlight the availability of surplus stock for use by other authorities.
• There was a strong emphasis on the need for mobility schemes to be linked to employment and be based on the positive choice of the applicant.

2.13 The Role of the Private Rented Sector

• There was support for the inclusion of the private rented sector as a partner in tackling homelessness.
• There was strong support for schemes to remove barriers to accessing the private rented sector, including deposit and rent guarantee schemes and a review of housing benefit.
• Several local authorities were concerned about insecurity of tenure in the private sector.
• There was felt to be a need for local authorities to encourage the renovation of empty homes.

2.14 The role of lenders

• The role of mortgage lenders in detecting owner-occupiers with arrears who might be at risk of homelessness was highlighted.
• There was some support for mortgage rescue schemes to prevent homelessness from the owner-occupied sector.

2.15 The role of the voluntary sector

• There was a strong emphasis on the importance of the role of voluntary agencies in any homelessness strategy.
• Voluntary agencies were considered particularly useful providers of independent housing advice and floating support for those with multiple needs.
• Voluntary organisations called for a more stable funding regime and for infrastructure to spread innovation in the sector.

2.16 Rough Sleepers

• The majority of respondents supported the continuation of the rough sleepers unit and a national strategy to tackle the problem of homelessness.

2.17 Partnerships

• Partnerships were seen as key tools in the delivery of homelessness policies.
• There was support for a national homelessness policy unit.
• Local authorities and voluntary agencies highlighted the importance of regional and cross authority co-operation.
• The role of interagency partnerships in providing seamless support at the local level was strongly emphasised.
• The structure of local authorities' budgets was thought to hinder joined up working.
• Structures were needed at the local and national level to facilitate multi-agency partnerships.

2.18 The role of Best Value

• There was support for the evaluation of homelessness services under Best Value.
• On the whole, BVPI 67 was thought to be an inappropriate indicator on homelessness provision.
• There was disagreement over which indicators should be used to measure homelessness.

2.19 Outcomes, evaluation and targets

• A national strategy should have time bound targets linked to resource allocation.
• Targets should be outcome based, flexible to take account of local circumstances and place an emphasis on service quality.
• There was disagreement over which targets should be included in the strategy.

11 March 2002

Further to the oral evidence given to the Inquiry on 21 February 2002 I enclose for your information, as promised, a summary of the formal responses we received to our Homelessness Strategy and Services Review Consultation document.

Copies of the consultation document were circulated to a wide range of key stakeholders, including the Department for Social Development, the Housing Council, District Councils, Health and Social Services Boards and Trusts, voluntary sector providers and the Probation Board for N.I.

A number of formal presentations were provided for Area Community Advisory Groups, the Housing Council, District Councils and a number of voluntary sector providers. Additionally two public consultation seminars were organised for Health and Social Services staff, housing Associations and the voluntary sector.

600 copies of the Summary report were circulated as part of the consultation process and a copy of the Review was made available on the Executive's web site.

A total of 41 written responses were received, all broadly welcoming the Review recommendations. Feedback was also received from the formal presentations and consultation seminars. Responses are summarised under the broad themes below, a more detailed summary is also appended.

A significant number of respondents, particularly from the advisory/voluntary sector expressed the view that the recommendations lacked adequate emphasis on first time presentation of homelessness through the comprehensive provision of advise, advocacy and information services linked to an objective to reduce homelessness.

A majority of respondents commented on the need for meaningful partnerships with the voluntary sector along with the need for commitment from other statutory agencies, for example Health and Social Services, Probation, to compliment the Executive's role in meeting the needs for the most vulnerable homes.

Most respondents commented on this aspect of the Review, welcoming in particular the development of formal Homelessness Action Plans in each of the Executive's Areas. The relationship between the homelessness strategy and other policies, for example house sales, new build provision, arrears recovery policies and Supporting People, was highlighted by many respondents.

Many respondents commented on those aspects of the Review dealing with day to day services delivery to the homeless. Some highlighted the need for a standardised approach to assessment of homeless applications as well as the need for an independent appeals process. Others welcomed the proposals to abandon the means test for furniture storage and to review the current after hours service. The establishment of appropriate performance indicators such as the reduction in B&B usage, time spent in temporary accommodation and the time taken to permanently rehouse homeless people were considered by most respondents on this issue.

Respondents supported the Review's recommendations on temporary accommodation and in particular the proposed increased provision of accommodation with support services as an alternative to B&B usage. Some questioned whether the number of additional units proposed would be adequate and urged caution on the pace with which the use of B&B was reduced until alternatives were available.

A number of general comments were received regarding the need for the Executive's budgets to reflect the cost of implementing the recommendations, increased regulation of the private rented sector and the need for change to homelessness legislation to reflect the provision of the Homelessness Bill in England.

Respondents centred on the exclusion of certain groups from the Equality Impact Assessment and on need to develop proper monitoring and information sources. The length of time taken to rehouse in certain areas and the potential impact on certain groups was also highlighted.

All of the comments received have welcomed the Review as being timely and comprehensive. In general the formal responses have reflected the verbal comments made at the consultation seminars and in the various presentations of the Review.

It is intended to consider the comments and feedback from the consultation process further. The Review document will then be amended as necessary to incorporate comments and revisions as necessary. It will also contain an Implementation Plan, which will set out, against each recommendation, proposed action, indicating who will be involved and how it will be achieved. It will also set out the expected targets/outcomes for each recommendation. This should address the majority of concerns highlighted in the consultation responses which centre on seeking clarification of recommendations.

The ongoing Social Development Committee Inquiry into Housing and Homelessness may have implications for the Review and we propose to reflect the timescale of the Inquiry in the finalisation of our Review to enable any outcomes from the Inquiry to be included as appropriate.

Yours sincerely

P McIntytre
Chief Executive

11 December 2001

Thank you for offering the Children's Law Centre the opportunity to make a submission to the Committee on the issue of homelessness.

The Children's Law Centre exists to help young people, their parents and professionals work with and understand the laws which effect children. We complement existing services provided by the voluntary, community, statutory and legal sectors. By facilitating training and working in partnerships with other agencies we are committed to realising children's rights. We provide a comprehensive and accessible advice service on children's rights and the law as it relates to children and young people.

In the year ending in March 2001 some 12,694 households presented as homeless to the Northern Ireland Housing Executive. In the recent summary report of the Homelessness Strategy and Services Review the Northern Ireland Housing Executive have stated that 1% of those presenting as homeless are aged 16-17 years of age. It is our experience that young people in this age bracket often experience difficulty when presenting as homeless due to uncertainty about responsibility, with many young people being sent to Social Services without assessment. The figure therefore for the number of households in this age bracket who actually experience homelessness is probably significantly higher.

It is our experience that young people aged 16 to 17 who find themselves without a home are likely to contact a number of agencies before receiving help. There seems to be a lack of clarity among and between agencies about roles and responsibilities when a 16 or 17 year old presents themselves as being homeless. It is not untypical for a young person to be sent from a local District Housing Executive Office to the local Social Services Office and back again without being assessed by either agency.

Each Health and Social Services Trust in Northern Ireland has specific responsibilities, including the provision of accommodation, in respect of young people aged 16 to 17 in its area who are assessed as being in need. There needs to be clarity across all trusts as to the procedure for this assessment, young people needing accommodation should be accommodated during this assessment process.

In England and Wales there are clear assessment criteria for the assessment of children in need, it would be helpful if there was the same clarity in Northern Ireland.

Every person presenting to the Northern Ireland Housing Executive as Homeless has a right under present legislation to an assessment. This does not appear to be the case for 16 and 17 year olds. It is our experience that young people in this age bracket presenting as homeless are often re-directed to Social Services or a voluntary accommodation provider such as the Simon Community.

At present those aged 16 and 17 who present as homeless do not automatically qualify as being in priority need and therefore entitlement to full assistance from the Northern Ireland Housing Executive. The inclusion of 16 and 17 year olds within the categories of people considered to be in priority need would place a duty on the Northern Ireland Housing Executive to provide temporary accommodation and then permanent accommodation.

It can be difficult for 16 and 17 year olds to obtain tenancies because of their age, they must rely on adults acting as guarantors for them because of legal difficulties with those under the age of 18 entering into legally enforceable contracts. This can often make the task of finding permanent accommodation an impossibility for young people in this age bracket. Any strategy for dealing with homelessness would need to consider the position of minors as tenants with the extension of rent guarantee schemes as a possible option.

If you have any queries in relation to any of the submission please do not hesitate to contact me.

LIAM MACKLE
Advice Line Co-ordinator

26 February 2002

The Committee indicated that they would like further submissions in respect of the following areas:

(i) What effect will the Children (Leaving Care) Bill have on young homeless people?;

(ii) Suggest an amendment to the Housing (NI) Order 1988, to include homeless 16 and 17 year olds within the categories of priority need;

(iii) Draw out the differences between legislation in England/Wales and Northern Ireland in respect of homeless 16 and 17 year olds.

(i) The Children (Leaving Care) Bill will place a new duty on Trusts to assess the needs of eligible 16 and 17 year olds who remain in care or who have left care. The Trusts will have a duty to provide a Young Person Adviser and a Pathway Plan. The Pathway Plan will map out, on the basis of a multi-agency assessment of need, a route to independence for the young person. Trusts will take over the welfare benefit provision for these young people, a role currently performed by the Social Security Agency and the Northern Ireland Housing Executive. The successful implementation of the Children (Leaving Care) Bill will depend to a large extent on the adequate provision, of the type of supported accommodation, which is essential to the development of independent living skills in vulnerable young people. The Children (Leaving Care) Bill offers the potential to ensure that fewer young care leavers end up homeless. However it will not on its own do much to improve the situation of the large numbers of homeless 16 and 17 year olds who have not been in care.

(ii) Article 5(1) of the Housing (NI) Order 1988 lists the categories of persons who are to be considered as having a priority need for accommodation. The order then lists six categories of persons. Article 5(3)(a) states that - The Department may by order made subject subject to affirmative resolution specify further descriptions of persons as having a priority need for accommodation. In order to ensure that 16 and 17 year olds who become homeless no longer fall through the net the Committee may want to recommend to the Department the insertion of an additional category of person within Article (5)(1).
This would be category (g) and the text could be as follows:

(g) any person aged 16 or 17 who has been assessed as homeless and has not become intentionally homeless.

(iii) Legislatively the position in Northern Ireland and the position in England/Wales is broadly similar. The Homelessness Act is due to become law in England/Wales in April 2002 introduces a number of changes which the Committee may want to consider. In particular the requirement under Article 1 of the new Act that Housing Authorities formulate a homelessness strategy and the provision under Article 3(3)(b) for the involvement of voluntary organisation in realising the objectives of the Homelessness strategy. In other respects the Homelessness Act introduces the same duty toward homeless people in priority need as already exists in Northern Ireland, i.e. a duty to provide accommodation rather than just advice and assistance. The Children Act 1989 is in almost every respect the same as the Children (Northern Ireland) Order 1995, the duties placed on Social Services in both pieces of legislation in respect of 16 and 17 year olds is the same and I have identified these in my initial submission. As I stated in my submission what is needed in Northern Ireland is a framework for the assessment of children in need as currently exists in England and Wales.

2 January 2002

I refer to your letter dated 29 November 2001, regarding the Social Development Committee's Inquiry into Homelessness in Northern Ireland. On behalf of the Trust, I would welcome this inquiry and I note the terms of reference, as set out in your correspondence.

As a Trust, we feel this investigation is timely, and can be informed by the recently-published document from the Northern Ireland Housing Executive: "Homelessness Strategy and Services Review". You will be aware that our Out of Hours Social Services staff are the first point of contact, at present, for people presenting as homeless in the evenings, weekends and Bank Holidays; we welcome the commitment, expressed in the above-mentioned NIHE document, to provide a "one-stop" service.

We would have no other specific views to make at this time but for information purposes, I enclose a copy of our comments on the NIHE strategy document. Homeless is an issue of significant concern in the context of the major Social Issues involved in Housing Policy.

13 December 2001

I refer to your letter dated 24 September 2001, enclosing a summary report outlining the Housing Executive's "Homelessness Strategy and Services Review".

At the outset, I would wish to state that the Trust welcomes this review of the strategy and services, and notes the various recommendations made in respect of the major issues identified.

The Trust would wish to make the undernoted comments:-

1. Families/Single Parents: The Trust has experience of this recommendation in Dungannon, in collaboration with NIHE; one concern is the "points system" for the allocation of accommodation, in that many young people in particular have difficulty in having enough points awarded, in order to secure a tenancy.

2. Families/Domestic Violence: We are aware of, and have made use of, the hostels in Portadown, Newry and Cookstown. Our staff are acutely aware of the high levels of domestic violence and we would suggest a need for ongoing research on this issue.

3. Young People Leaving Care/Home: We welcome the recommendation to formalise protocols with Boards and Trusts. A range of options is needed in this area and we are currently working on a "Supported Housing Scheme".

4. People with Mental Illness/Addiction Problems: We note that there is no mention, in this particular recommendation, of people with learning disability or older people; the former group, in particular, need ongoing support from Trusts.

5. Physical Well Being/Physical Disabilities: The need for modifications applies throughout the building, not just to offices.

6. Sex Offenders: Our Out of Hours Social Services staff have found difficulty in placing Schedule I Offenders in accommodation; obviously, such persons, presenting as homeless, cannot return to a home address, and need to be appropriately placed, in suitable accommodation.

7. After Hours: We warmly welcome the various recommendations, especially the NIHE commitment to provide a 'one-stop' service. Our Out of Hours Social Services staff often have difficulties in placing homeless people in suitable accommodation; the bed bureau in our area is somewhat limited and it would be useful if a contact telephone number was available for NIHE Out of Hours, when a client has not been placed.

8. Furniture/Storage: We welcome the recommendation to abandon the means-testing in this area.

9. Collaboration/Partnership: This area needs to be properly managed and supported.

I trust the above observations are useful.

MR R E HAMILTON
Director of Social Services

7 January 2002

In response to your letter dated 29 November on the issue of homelessness I would wish to make the following comments:

Of the young people coming to the attention of the NIHE and Social Services (they are not always the same group), some will go home, to friends, to temporary accommodation and some will require solutions in either the public or private sector.

A small percentage however are particularly vulnerable and it is this group for whom the Supported Lodgings Scheme was initiated.

This scheme is co-ordinated by the Young Persons Project (Craigavon and Banbridge Trust), as part of a range of services ie group work and individual work. It is a unique project in the whole island of Ireland and interest has been expressed by other Social Services Trusts and Boards in both Northern Ireland and the Republic of Ireland to replicate this scheme.

Since September 1999 ten young people have availed of the service and presently there are five providers in the community willing to offer accommodation and support. There are ambitions to expand this scheme ie more providers and to create a partnership with a local voluntary agency working in the area of homelessness.

Please find enclosed 15 copies of a Summary Paper prepared for the Spring 2002 edition of Breaking Through (an All Ireland Journal, dealing with effective interventions for young people at risk). Should you require information or a more detailed presentation on the scheme, please do not hesitate to contact either Tom McGrath, Scheme Co-ordinator or Peadar White, Team Leader, Young Persons Project, at the address below.

The Young Person's Project as part of the Craigavon & Banbridge H&SS Trust specifically works with vulnerable and marginalisied young people. As part of the projects broader strategy it was recognised several years ago that there were a number of young people either not eligible or capable of being accommodated within the usual housing stock. In response to this recognised need the Young Person's Project, having visited similar schemes in Britain, set up The Supported Lodging Scheme.

The primary purpose was to offer these young people a 'bridging' period within Supported Lodgings in order to be more adequately prepared for independent living. The length of stay within Supported Lodgings is obviously related to individual circumstances, the shortest to date being one week and the longest fifteen months with the average working out at three / four months.

There are initial placement meetings and subsequent review after 4 weeks and then quarterly.

Whilst in placement the young person will have ongoing visits with his/her individual support worker. The Scheme Co-ordinator visits primarily to liase with the provider and the frequency of visits can be determined by the situation at any given time. Any party can request a joint meeting at any time should circumstances dictate and an effort is made to be flexible, as informal as possible, but to maintain a clear focus on objectives.

Obviously as part of the recruitment process both police and departmental vetting takes place on each applicant and household members.

Personal references are also sought from two non-relatives. A series of training evenings are conducted and during the most recent series established providers shared their experience with new recruits and this proved a very useful input.

Up until the period end of August 2001 there have been 5 couples and 2 single parents who have completed this process. The Housing Executive personnel also undertake to visit the provider's home to be satisfied in respect of general suitability of premises, safety feature and to ensure that each young person has a bedroom allocated to his/herself.

When a placement is effected, application is made to NIHE for Transitional Housing Benefit. The case for accommodation and support costs is made to NIHE Housing Centre at Adelaide Street, Belfast and there is a proforma for this submission. In view of the introduction of a new 'Supporting People Fund 2003' the costings in terms of support charges, as distinct from rental charges, has become increasingly important.

In relative terms, these are considered marginal in comparison to cost which would be accrued should the young person have to:-

(a) Be placed in Bed and Breakfast or hostel accommodation

(b) Set up independently in the community too prematurely and the resulting economic and human costs of possible breakdown.

By means of highlighting areas of support identified, the following example is taken from the review minutes of one young person in placement at the time of writing in November 2001.

Areas of Support

1. On practical level A to be given help with preparing varied diet and cooking skills. Linked in with this is the area of shopping and getting a sense of the price of goods/toiletries etc.

2. A to be encouraged and supported in his time keeping both in relation to his socialising and attendance at work scheme.

3. On emotional level, A to be helped in his rehabilitation back into community following significant period of custody.

4. Provide opportunities to discuss any areas re family, pending court appearances. In general terms, support to be given in conjunction with other agency inputs to reducing the risk or re-offending

5. To assist with promoting independence skills and support A with work experience opportunities.

As can be seen, the level of support ranges from very pragmatic and basic household/domestic chores to a listening/ counseling role to help meet the emotional / psychological needs of the young person. On a broader communal level, there is a further dimension of support when it comes to encouraging training, employment, and education opportunities.

Of the 10 young people who have availed of the scheme between September 99 and August 2001.

• 2 obtained their own accommodation
• 2 went to hostel accommodation
• 1 returned to parents home and later secured her own accommodation
• returned to parents home
• 1 went into a Banardos run assessment unit with her child as part of a court recommendation
• 1 left to share a flat with her boyfriend
• 2 presently still in placement.

It is the intention to continually monitor and review the scheme and following interest from other Social Services Trusts and NIHE regions, discussions have taken place to form a Confederation of Supported Lodgings which eventually could service the whole region of Northern Ireland. To this end a formal launch was carried out on September 14th 2001 with invited guests from a number of trusts and NIHE areas.

A feedback/evaluation form was circulated and the following comment reflects general attitudes towards the scheme.

As with any initiative the people one is most keen to hear from are those who have used the service. The following comments reflect general feedback from some of those who have availed of the scheme.

The comments made by the young people would suggest that Supported Lodgings was a beneficial experience and it was the right service at that particular time.

The views of referrers were also canvassed via a questionnaire and feedback is reflected in some of the comments below:-

One of the main attractions of the scheme for referrers appears to be in the flexibility it can offer and the clarity of the respective roles. The point regarding the benefit of having the young person involved in either training, employment or education cannot be overstated, as it does appear to have a correlation with a more positive outcome for all concerned.

The Supported Lodging Scheme fits in with the wider provisions for youth homelessness in the context of models of floating support. With pending changes to the Housing Benefit System there is an increasing need to demonstrate the economic viability of service provision. The experience of The Young Person's Project in operating this particular scheme has shown:-

1. The flexibility of the scheme in rural/urban settings

2. The low capital costs

3. The importance of a clear strategy and planned provision of supported accommodation.

4. The importance of supported lodgings not being an emergency response to homelessness

5. The effectiveness and adaptability of the supported lodgings model as part of the broader spectrum of homelessness services

For further information please contact:

10 January 2002

1.1 Shelter Northern Ireland welcomes the establishment by the Social Development Committee of the Northern Ireland Assembly of their inquiry into homelessness as part of the more general inquiry by the Committee into housing in Northern Ireland.

1.2 Shelter Northern Ireland notes that the investigation into homelessness is one in a long line of important studies and surveys going back (as far as Shelter Northern Ireland was directly involved) to the early 1980's and to the debate which preceded the present legislation on homelessness namely the Housing (NI) Order 1988. Shelter Northern Ireland campaigned for the 1988 Order and continues to support it in principle, while pointing out certain inadequacies which we detail in our recommendations.

2.1 The present legislation on homelessness (the Housing (NI) Order 1988) was preceded by a long debate on the necessity of legislation and the details on this which will assist with an understanding of the background context are set out in appendix 1.

2.2 The details on the present legislation, which places a duty on the Housing Executive to identify homeless people, provide interim help in certain circumstances and prioritise identified classes of homeless people for permanent housing, are set out in appendix 2.

2.3 The details on how the present homeless arrangements operate within the general rules of the overall housing system, that is within the context of the selection scheme and waiting list, and the impact of the new build programme, are set out in appendix 3.

2.4 The extent of homelessness is looked at in appendix 4.

2.5 Comments on the nature of homelessness are set out in appendix 5.

2.6 The strengths and weaknesses of the current arrangements for dealing with homelessness are looked at in appendix 6.

2.7 The background to the Homeless Person Act 1977, which was the original specific legislation on homelessness passed by Westminster, and which did not cover Northern Ireland, is set out in appendix 7.

2.8 The contemporary legislative position in Scotland, Wales and England is explained in appendix 8.

2.9 Appendix 9 looks at the legislative position in the Republic of Ireland.

3.1 Statistics provided by the Housing Executive (appendix 4) show clearly that homelessness is increasing and that in 2000/01 almost 10,000 applicants were identified by the Housing Executive as homeless of which approximately 6,500 were awarded A1 status.

3.2 Statistics also provided by the Housing Executive (appendix 5) show that the nature of homelessness is extremely varied, affecting all classes of people and the reasons why people become homeless are also varied - indicating the complex nature of the issue.

3.3 The position on meeting housing need is a matter of increasing concern to Shelter Northern Ireland. Statistics on urgent need (appendix 3) show that levels of urgent need on the Housing Executive waiting list were rising consistently until March 2000 but have now dropped back but still remain very high. As against this the public sector new build programme (appendix 3) continues to fall as well as the number of allocations the Housing Executive makes to applicants on the waiting list (appendix 3). From 1978/79 when house sales of Housing Executive homes to sitting tenants began, until March 2001, a total number of 91,541 dwellings have been sold to tenants. It should be noted that during the 1990's, the Housing Executive sold 25,204 more homes than were constructed by the public sector, including the housing association contribution.

3.4 The strengths of the current arrangements (see appendix 6) include the existence of a clear statutory duty placed on a comprehensive strategic Northern Ireland-wide housing executive to deal with homelessness. The weaknesses and our concerns include the priority groups, the use of intentionality, the lack of meaningful help to non priority homeless people, and the possible negative impact of the new Common Selection Scheme on the permanent housing opportunities of homeless people are matters that need to be addressed.

3.5 The current legislative position in Wales, Scotland and England (see appendix 8) shows variation under the impact of devolution and points up the opportunity of the Northern Ireland Assembly in this matter. In Wales the priority groups have been extended and that is now being contemplated for England. In Scotland, on the other hand, using their own constitutional arrangements in the form of the Scottish Parliament, a homeless bill has been passed placing a duty on local authorities to draw up a strategy on homelessness which will aim to prevent and not simply 'fire fight' homelessness.

3.6 The current position in the Republic of Ireland (appendix 9) is that there is no duty on local authorities to take responsibility for homelessness and what powers do exist appear to suffer from a lack of will and lack of co-ordination which government appears to be trying to deal with but only within their current legislative framework which is the Housing Act 1988.

4.1 Shelter Northern Ireland makes the following recommendations:

(a) A statutory duty to assist and house the homeless continues to be the basis of any arrangement for dealing with homelessness and that this clear statutory duty rests solely with a Northern Ireland-wide strategic housing executive which will therefore continue to action a comprehensive co-ordinated approach to homelessness designed to address all the varied aspects of homelessness including the reasons for homelessness and the groups affected, the need for both temporary and permanent accommodation and for support services.

(b) Within the context of the above Shelter Northern Ireland further recommends that the current legislation is modified to place a duty on the Housing Executive to draw up a strategy which will aim to prevent homelessness and housing need and within this context Shelter Northern Ireland proposes the following:

• priority homeless groups must be expanded to include 16 to 21 year olds leaving care or subject to the Children's Order and 16 to 18 year olds facing or threatened with homelessness and that
• intentionality is redefined to include only those situations in which homelessness is the intention not the consequence of an action.

(c) An independent speedy Appeals procedure is available to homeless applicants who wish to take issue with the Housing Executive decision on their application.

(d) Given the unpredictable nature of homelessness Shelter Northern Ireland recommends that resources for homeless and emergency accommodation should be demand lead and not cash limited.

(e) Temporary accommodation for homeless people should be provided by the 'not for profit sector' and in that context the legal situation of homeless people in temporary accommodation must be clarified to ensure that temporary accommodation can be effectively managed for that purpose.

(f) Shelter Northern Ireland also recommends, that as many non priority homeless cases end up in the furnished unregulated private rented sector, that tenants' rights in the form of improved security of tenure and reasonable rents are addressed in the form of new legislation covering the unregulated furnished sector designed to ensure increased security to tenure and affordable rents for tenants in this sector.

(g) Given the fact that an effective strategy against homelessness requires not just a statutory duty but also the necessary housing allocated by a fair selection scheme, Shelter Northern Ireland further recommends that:

(i) The public sector new build programme is increased.

(ii) There is a fundamental review of the impact of the House Sales Scheme on the ability of the Housing Executive to re-house applicants, on the re-housing opportunities or restrictions on that opportunity of those on the waiting list and on the quality of the public sector stock.

(iii) There is a review of the impact of the Common Selection Scheme on the permanent re-housing opportunities of priority homeless applicants (or Full Duty Applicants).

1.1 Shelter Northern Ireland was established in 1980 as an independent housing campaign and charity working on behalf of the homeless and badly housed and the organisation immediately made tackling homelessness the priority. Specifically we set our campaign objective to work to ensure that homeless people became a statutory responsibility of the Northern Ireland Housing Executive and as a first step in the campaign Shelter Northern Ireland carried out in early 1982 a survey on homelessness which drew a number of fundamental conclusions regarding the position in which homeless people found themselves at that time.

1.2 At that time the legislative context of homelessness in Northern Ireland was similar to the pre 1977 legislative framework in Britain. Historically the homeless had been dealt with through the Poor Law and put in work houses, but after the Second World War this system was replaced and thereafter local authorities were required by law (National Assistance Act 1948) to make provision for two categories of people - old people and those who were deemed to be in emergency need of housing, and for the latter, the local authority had a duty to provide but case law established that the duty was only to provide temporary accommodation and hence a homeless family in this situation could find that the assistance could be withdrawn, since the duty did not include the provision of permanent accommodation. But even this duty was removed in 1972 with the passing of the Local Government Act 1972 and although in 1974 the government issued a circular re-imposing the mandatory duty, there was uncertainty over the legal effect of the Circular.

The legislative background in Northern Ireland was on all-important points the same as in Britain.

Under the Welfare Acts of 1949 and 1971 county councils were obliged to provide residential accommodation for 'persons who by reason of age or infirmity are in need of care and attention' (old people's homes), and to provide temporary accommodation for persons in urgent need whose need was not reasonably foreseeable. This mandatory duty was repealed by the Health and Personal Social Services Order 1972, which substituted a much less specific duty under Article 15:

In the exercise of its function. the Ministry shall make available advice, guidance and assistance, to such extent as it considers necessary, and for that purpose shall make such arrangements the provision or secure the provision of such facilities (including the provision or arranging for the provision of residential or other accommodation, home help or laundry facilities) as it considers suitable and adequate.

Under Article 36 of the 1972 Order it was also provided that this duty may be carried out by making arrangements with other persons, and under Article 67 that there shall be co-operation with the NIHE.

The duty of the NIHE in this sphere was governed by the allocation scheme which had to be drawn up under section 25 of the Northern Ireland Housing Executive Act 1971, which at that time provided for four priority groups:

A1 Emergency Housing A2 Special Health and Social Needs

A3 Vesting, Closing etc A4 Key Workers

The most directly relevant of these was A1, which covered situations in which someone was homeless, or was threatened with homelessness, because of fire, flood or other circumstances beyond (his) control - for example successful court action by a landlord for possession of a dwelling which the landlord may want for use by himself or a member of his own family. and persons affected by civil disturbances, including actual intimidation or real fear of it and those in acute physical danger. However, it is crucial to recognise that the law did not impose an enforceable duty on the NIHE to house these people, only to allocate what houses there are to them in priority to others. Therefore the legal situation was that there was no duty on any statutory body to house homeless people and what power did exist was split between two organisations - the Housing Executive and the Area Health Boards.

1.3 Pressure from Shelter Northern Ireland and other bodies such as Simon led the Housing Executive in 1982 to take two initiatives - one to set up jointly with the Area Health Boards a survey into temporary accommodation and a second initiative to modify their Housing Selection Scheme. This second initiative in September 1982 sought to make it easier for homeless people presenting to the NIHE to be accepted as homeless in a situation where an applicant failed to satisfy the Housing Executive Selection Scheme criteria for emergency status that they were homeless through no fault of their own. They (the applicant) could still be awarded such status if in the opinion of the District Manager there was reasonable doubt that the applicant became homeless through their own fault and exceptional hardship would be caused by the withholding of the A1 status - in that the applicant could not reasonably be expected to find alternative accommodation.

Whilst these initiatives were welcome they did not deal with the central issue, which for Shelter Northern Ireland was the fact that homeless people were not a statutory responsibility of any government body including the Housing Executive.

1.4 In July 1983, in response to the continuing campaign, government issued for consultation a draft Homeless - Code of Guidance (Northern Ireland) jointly drawn up by a working group from the Department of the Environment (NI), the Department of Health and Social Services, the Housing Executive and the Area Health Boards.

At this time Shelter Northern Ireland in its response to the Draft Guide pointed out that it had taken government three years to produce the draft which was mainly a description of current (inadequate) procedures and re-statement of current policies and failed to place any statutory duty on the Housing Executive or any other statutory agency to take responsibility for the homeless. Nonetheless the Code was published later that year without any substantial amendment.

1.5 Shelter Northern Ireland and other non-governmental organisations continued with their campaign and in October 1983 Shelter Northern Ireland met the then Under Secretary at the Department of the Environment (NI), Chris Patton, to press their case for a change in the legislation governing homelessness. The meeting was positive and a month later Chris Patton announced the setting up of a Joint DHSS/DOE Steering Group comprising officials from both departments as well as the Housing Executive and the Area Health Boards with the following terms of reference to establish:

(a) the nature and extent of homelessness in Northern Ireland;

(b) how successfully the present dual approach by DHSS and NIHE is meeting need;

(c) who is being helped and by whom; and

(d) the extent of unmet need.

1.6 The Steering Group met a number of times in early 1984 and took evidence from involved organizations including Shelter Northern Ireland. Our written submission to the Joint Steering Group is available on request, but the main points we made at the time are set out below:

The so called dual approach of the DHSS and the NIHE meant that anyone (ie a homelessness person) with no address could not join the Housing Executive waiting list and therefore could not be housed by the Housing Executive which provided no temporary accommodation nor assisted voluntary bodies to do so.

Social Workers only had a discretionary power to help homeless people find emergency accommodation and of the 29 hostels then providing accommodation for the homeless only 3 were supplied by the four Area Health Boards.

The fact the Joint Steering Group did not deal with the question of the necessity of new legislation, but used the terms of reference to side step the case for a change in the law in the short term - arguing that several voluntary agencies emphasised the need for legislation similar to the Housing (Homeless Person) Act 1977. However the Working Group is convinced that in the short term adequate powers already exist to enable statutory agencies to develop policies to deal with Northern Ireland's homelessness problem.

Whilst it is correct that no statutory definition of homelessness exists and there is no proven statutory obligation on any agency to provide for homeless people, the Working Group concluded that through the development of sensitive policies and agreement between the statutory agencies on their respect roles, Northern Ireland's homelessness problem can be addressed.

In the longer term the Working Group foresees the need for a search for an alternative system to deal with homelessness and particularly with the needs of the single homeless. The desirability or otherwise of a legislative base for such a system was outside the remit of this Working Group but should be given consideration in any future developments.

1.7 Therefore the work of the Joint Steering Group still left the case for new legislation on homelessness neither resolved nor rejected and it was this uncertainty which provided the context for the next opportunity in the battle to change the law namely the decision taken in February 1984 by the Environment Committee of the Prior Assembly, to consider the matter of homelessness in greater depth (following a debate in the Assembly itself on 1 February 1984).

1.8 The Environment Committee took oral and written evidence in the latter half of 1984 from a wide range of interests and Shelter Northern Ireland made both written and oral submission which are available on request.

In our opening statement to the Committee we made three points:

1.9 The Committee finalized their recommendations in November and December 1984 and these included a recommendation that

The report and the recommendations were approved by the full Assembly on 11 December 1984 and in April 1985, Chris Patten, Parliamentary Under Secretary responsible for both the Dept of the Environment (NI) and the Dept of Health and Social Services announced that he intended to introduce legislation placing a statutory duty on the Northern Ireland Housing Executive to assist those who were homeless or threatened with homelessness.

Speaking at the time in support of the new proposed legislation on homelessness, Chris Patton stated

2.1 Below is set out a brief description of the matters dealt with by the Order.

2.2 Part 1 (Articles 1 and 2) deals with title and interpretation with Part 11 (Articles 3 to 17) covering the substance of the Order.

2.3 Part 11 (Articles 3 to 6) deal with matters of definition in the Order.

Article 3 defines homelessness and threatened homelessness as having no accommodation in Northern Ireland, which they or those who normally reside with them can legally occupy and for which it is reasonable for them to continue to occupy.

Article 4 defines accommodation available for occupation as accommodation, which is available for both him/her and any other person who might reasonably be expected to reside with them.

Article 5 defines priority need for accommodation in terms of certain groups of vulnerable people who are accepted as homeless to include the following groups:

• a pregnant woman or a person with whom a pregnant woman resides
• a person with whom dependant children reside or might reasonably be expected to reside
• a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason or with whom such a person resides
• a person who is homeless or threatened with homelessness as a result of an emergency such as fire or flood
• someone who has no dependant children but who satisfies the Housing Executive that they have been subject to violence or are at risk of violence or further violence
• a young person who satisfies the Housing Executive that they are at risk of sexual or financial exploitation

Article 6 defines becoming homeless intentionally as a deliberate act or failure to do anything as a consequence of which they cease to occupy accommodation.

Part 11 (Articles 7 to 17) deal with the duties of the Housing Executive with respect to the homeless or those threatened with homelessness.

Article 7 requires the Housing Executive to inquire into the possession of a person they believe may be homeless or threatened with homelessness as to whether they are in a priority group and are intentionally or unintentionally homeless.

Article 8 defines an interim duty on the Housing Executive as a duty to provide accommodation to an applicant who may be homeless and have a priority need pending the outcome of its investigations under Article 7.

Article 9 requires the Housing Executive to notify the applicant of its decisions (under Articles 7 and 8) and at the same time to provide reasons for the decision.

Article 10 requires the Housing Executive to secure accommodation for person who are found to be homeless, in priority and not intentionally homeless and for those who are found to be homeless, in priority but intentionally homeless, the duty is to provide advice and such assistance as the Executive considers necessary in any attempt the applicant may make to secure accommodation or to secure accommodation for such a period until the applicant has had a reasonable opportunity to secure accommodation. Where the applicant is found after investigation not to be in priority need, the duty on the Housing Executive is to provide advice and such assistance as it considers appropriate in the circumstances in any attempts the applicant may make to secure accommodation.

Article 11 sets out the duties the Housing Executive has to those who are threatened with homelessness as to have the equivalent effect as those who are homeless as set out in section 10.

Article 12 permits the Housing Executive under Article 8 and 10 to secure accommodation, either by providing such accommodation themselves, obtaining it from someone else or giving advice and assistance to ensure that the homeless person obtain suitable accommodation and empowers them to require persons (under Article 8 and 10) to pay rent or charges for the accommodation.

Article 13 requires the Housing Executive to take steps, where the applicant is unable to do so and where no suitable alternative arrangements have been made, to prevent the loss of property or prevent or mitigate damage to property of those to whom the Executive has a duty under Article 8, Article 10 and Article 11, whether or not the Executive is still subject to such a duty. In pursuit of the protection of property the Housing Executive may enter, at all reasonable times, any premises which are the usual residence of the applicant to deal with any personal property.

This duty to take action to protect property of applicant falls, if in the opinion of the Housing Executive, there is no longer any danger to the applicant's property.

Article 14 deals with the matter of co-operation between the Housing Executive and the Health Boards, the Probation Board and the Housing Associations and require that these bodies co-operate with the Executive on request in the context of Article 7, Article 8, Article 10 and Article 11 of the above Order in order to provide advice, information or provide assistance that is reasonable in the circumstances.

Article 15 permits the Housing Executive to provide grants, loans or help in kind by way of furniture and so on, to voluntary bodies concerned with homelessness.

Article 16 omits from Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 sub paragraph (c) and transfers to the Housing Executive hostels provided by the Dept of Health and Social Services and the Area Health and Social Services Boards for persons in need.

Article 17 makes the giving of false statements, the withholding of information and failure to disclose a change of circumstances, an offence.

3.1 The Overarching Framework

The legal framework providing immediate help, and where appropriate, access to temporary housing and permanent housing for homeless people, is the Housing (Northern Ireland) Order 1988 which established the statutory system based on a duty placed on the Housing Executive to provide immediate assistance to a person or persons presenting to the Housing Executive as homeless. The Order also obliged the Area Health Boards, the Probation Board for Northern Ireland and registered housing associations to co-operate with the Housing Executive if requested by the Executive to assist them with their functions under Articles 7, 8, 10 or 11 of the 1988 Order - sections which deal with homelessness or threatened homelessness.

However, this co-operation is not the subject of a special statutory code of guidance or protocols with regard to how this co-operation works in practice, because only the Housing Executive has the statutory duty for dealing with homelessness and in addition neither the Area Health Boards, the Federation of Housing Associations or the Probation Board manages any hostels, although any individual housing association which manages hostels will have an agreement with the Housing Executive with regard to the management of their hostel. However, the Housing Executive did produce in 1989 a Code of Practice and Guidance on the policies and procedures of the Executive (see section 3.3).

Access to public sector permanent housing for anyone, whether defined as homeless under the 1988 Order or an ordinary applicant is determined by the 1981 Housing (Northern Ireland) Order, which deals with the Housing Executive Selection Scheme (now the Common Selection Scheme since November 2000) and the Housing Executive waiting list, which provides for a queuing system based on priority for offers of housing under the terms of the Selection Scheme. Both the 1981 Order and the 1988 Order should be seen in conjunction as the overarching system for dealing with homelessness.

3.2 The Housing (Northern Ireland) Order 1988

A person or persons presenting as homeless have three hurdles to get over before the applicant will receive assistance or further assistance from the Housing Executive. These hurdles are essentially the criteria that tell the Housing Executive when the various duties to the homeless are activated. Therefore a person or persons presenting as homeless must show that -

• he/she is homeless
• given they are homeless, that they are in priority need (which requires that they are a member of a priority group) and
• they are unintentionally homeless

It follows that if the applicant is unable to show that they are homeless, the Housing Executive has no duty to the applicant under the 1988 Order.

The duties on the Housing Executive under the 1988 Order towards applicants presenting as homeless are to -

• provide advice and assistance to all homeless applicants irrespective of their priority or intentionality
• secure priority access to permanent accommodation set out in the terms of the Selection Scheme to those homeless who are in priority need and unintentionally homeless
• secure temporary accommodation, where appropriate, for homeless applicants in priority need who are not intentionally homeless
• during the investigation period to ensure that the applicant has temporary accommodation if the Housing Executive believes that the applicant may be priority unintentionally homeless

It therefore follows, that if after investigation by the Housing Executive, the applicant is found not to be homeless, or to be intentionally if priority homeless, then the Housing Executive is to provide advice and such assistance as it considers necessary, including remaining in the NIHE obtained/sponsored temporary accommodation until the applicant, with the assistance of the Housing Executive, find temporary or more permanent accommodation.

It also follows that for those who are priority homeless and are unintentionally in that position then temporary accommodation is not regarded as accommodation under the 1988 Housing (NI) Order.

To sum up the main consequences and element of the 1988 Order -

• provides a system of identifying homeless people who present to the Housing Executive
• provides for immediate advice and assistance to all homeless people but for those who are non-priority homeless this assistance does not include securing temporary accommodation
• provides (as of right) access to temporary accommodation for priority homeless people who are not intentionally homeless
• provides for access to temporary accommodation to homeless applicants under investigation as to their priority and intentionality
• provides the highest priority access (before the operation on 1.11.00 of the Common Selection Scheme) on the Housing Executive waiting list for permanent housing to priority homeless applicants who are unintentionally homeless
• provides that the Housing Executive assist homeless applicants who are either non priority or are intentional priority homeless move from NIHE sponsored temporary accommodation to their own (temporary or permanent) accommodation.

Finally the 1988 Order does not provide a right to a permanent house for any homeless applicant or the right to temporary accommodation for the homeless. Actual practical access to housing from the waiting list is a question of the availability of public sector housing and given that this is essentially a matter of resources it is therefore a political question subject to the policies and priorities of political parties in the Northern Ireland Assembly and in Westminster.

3.3 Code of Practice and Co-operation

Arising from their responsibilities under the 1988 Order, the Housing Executive produced a Code of Practice and Co-operation which has no legal standing and merely provides a guide to the policies and procedures of the Housing Executive with regard to the homeless and a framework within which statutory and non statutory agencies will seek to co-operate to ensure the best service available to homeless people.

3.4 The Common Selection Scheme

The Common Selection Scheme, which has only been in operation since November 2000, brings together into the one selection scheme the previously separate selection schemes of the Housing Executive and housing associations that have come together to create the new Common Selection Scheme. It therefore should follow that generally an application to the scheme is an applicant to all accommodation available under the scheme which is all the accommodation owned by the Housing Executive and the participating housing associations. However this is not the case unless the applicant is a Full Duty Applicant, that is a priority homeless case as identified under the terms of the Housing (NI) Order 1988, otherwise it would appear that not all the accommodation is available to the applicant.

The development of the Common Selection Scheme is a direct result of the new mixed funding (private public partnership mechanism) arrangements for funding the building of public sector housing. Under this arrangement the Department of the Environment (NI) provides the major component of the support for capital programmes for pubic sector housing with remainder coming directly from the private sector. In practice the Housing Executive as the comprehensive strategic body draws up a new build capital programme and housing associations bid to complete specific schemes in the programme. In doing so the housing associations receive an allocation from the Housing Executive for their scheme to cover part of the costs with the remainder being contracted directly from the private sector by the housing association. Thus the housing associations have in effect become the development arm of the Housing Executive to provide general needs housing and all housing stock irrespective of its origin or ownership must be available on the same terms to all applicants and therefore treated as a single pool of housing.

3.5 In drawing up the Common Selection Scheme radical changes have been introduced.

Firstly all applicants will now be pointed to the Common Selection Scheme in contrast to the previous Housing Selection Scheme which had a priority (A1, A2, A3 and A4) section and a non priority pointed section.

Secondly changes in the priority afforded to different groups of applicants would appear to have been altered to the extent that the position of homeless people identified under the Housing (NI) Order 1988 have been undermined by this new Common Selection Scheme, apparent change of priority, which Shelter Northern Ireland believe may result in priority homeless people having to stay longer in temporary accommodation because they now face a relative lowering of their priority in comparison to other groups.

3.6 The new Common Selection Scheme will have four sections which will rank applicants in descending order according to their housing need as measured as follows in the four sections of -

• Intimidation
• Insecurity of Tenure
• Housing Conditions
• Health/Social Well Being Assessment

Intimidation is defined as a result of a terrorist, racial or sectarian attack in which property or lives are destroyed or threatened and it attracts 200 points.

Insecurity of Tenure includes those who are identified as priority groups under the Housing (NI) Order 1988 as homeless or threatened with homelessness and will be entitled to insecurity of tenure points as well as points from two other categories - Housing Conditions and Social Well Being. These priority group homeless, known as Full Duty Applicants will be entitled to 70 points in the Insecurity of Tenure section. Other homeless - which includes those who have been evicted or suffered marital breakdown will be entitled to 50 points and living in interim accommodation will attract another 20 points.

Housing Conditions relates to the condition of the accommodation the applicant has available and attracts a maximum of 170 points over the total measure of all the house condition factors which include sharing, lack of amenity, overcrowding and disrepair.

Health and Social Well Being points are based on a functional matrix and other categories that provides for a maximum of 122 points. However, applicants who are pointed under this category must be seeking sheltered or supported housing and not general needs housing.

Shelter Northern Ireland would be concerned that generally the impact of the new Common Selection Scheme will be to undermine the opportunities homeless people obtained under the Housing (NI) Order 1988 by lowering their priority for accommodation generally vis-à-vis other groups and specifically in periods of civil unrest when sectarian intimidation increases. For example the intimidation section covers what is essentially political and sectarian violence, and excludes domestic violence, and awards 200 points to those who are victims of this type of intimidation. The danger is that during period of prolonged civic conflict and in the absence of a good supply of housing Full Duty Homeless applicants, who only attract 70 points as such and other homeless applicants who are entitled to less points still, could be forced to endure longer stays in temporary hostels whilst other groups are housed.

Victims of domestic violence are treated differently from victims of political violence and could be particularly badly hit by this new arrangement because they will continue to be covered by the Insecurity of Tenure section of the Common Selection Scheme even though they may face the same quality of threat as someone who faces sectarian or terrorist attack.

Shelter Northern Ireland would therefore wish to see a review of the impact of the Common Selection Scheme on the Housing (NI) Order 1988 and on length of stay in temporary hostels for all categories of homeless people.

3.7 Access to housing depend not just on legislation or a selection scheme, essential as they are to the system of priority in a queue for a scarce (housing) resource, but to actual availability of housing, either as new dwellings, particularly in the public sector, or as public sector re-lets following their vacating by the previous tenant. In this context therefore, an analysis of relevant housing statistics is essential if we are to fully understand if homelessness is being effectively tackled.

The first set of relevant statistics in this context is the completion of new dwellings.

These house completion figures show, in the nineties, a significant variation in the total number of homes completed from a low point of under 7000 built in 1994/95 to almost 10,400 completed in 1999/00. However, the figures also show that over the last 21 years the private sector completions have come to dominate the overall new build performance whereas the public sector completions have in overall terms been falling from the high point of 4,734 completions in 1983 to under 1300 new public sector build in 1999/00. Given that the Housing Executive in their 1999/00 Annual Report (29th Annual Report) points out (on page 4) that there is a need for 2,100 new public sector homes per year, it is clear from the above figures that the new public sector house completions programme is inadequate.

Sales of Housing Executive homes to sitting tenants are the next set of statistics that are relevant to a consideration of how homelessness (and housing need) is being or will be tackled because these figures indicate the likely availability of public sector houses to let to the homeless or those in need on the waiting list.

The Housing Executive has sold in total 91,541 houses to sitting tenants since Housing Executive house sales commended in 1978/79. Whilst the political consensus appears to believe that this is a "good thing" and may indeed be a good thing for the individual tenant purchaser, however, for Shelter Northern Ireland there is a wider public interest here regarding the impact of house sales on meeting housing need and in this context we are concerned about the practical impact of this policy on the ability of the Housing Executive to house homeless people and those in housing need. For example, in the 1990s the Housing Executive sold a total of 41,923 homes to tenants but in contrast only 16,719 public sector (replacement) homes were built - making for a net loss of 25,204 homes. What is particularly odd about this situation is that the Housing Executive had a house sales performance target of 3900 sales in 1999/00 and at the same time called for a new build target of 2,100 public sector homes per year.

There is increasing evidence that some sold Housing Executive properties are being privately rented rather than owner-occupied which was the rationale for house sales to sitting tenants in the first place. Shelter Northern Ireland wish to see a properly researched independent review of the impact of the Housing Executive house sales programme so that its consequences can be properly assessed and its rational justified before there is any more legislation on this matter.

Reductions in Housing Executive new build and the net consequences of the house sales programme would tend to have a negative impact on the number of allocation the Housing Executive makes to applicants on the waiting list and the allocation figures suggest that this is now an emerging trend which requires to be closely monitored.

Urgent need applicants on the Housing Executive waiting list have risen over the last ten years from 9213 at March 1990 to almost 12000 by March 2000, and then dropped back, but the concern must be that housing availability has not kept pace with need.

4.1 The figures attached below, covering the period April 1989 to March 2001, set out the official record provided by the Northern Ireland Housing Executive and illustrate the extent of homelessness over the twelve year period of the operation of the 1988 Housing Order.

4.2 The figures show that the problem of homelessness is on the increase. There are increasing numbers presenting as homeless, increasing numbers are being assessed as priority homeless and the total number of homeless people (A1 and non A1) identified by the Housing Executive is on the increase.

4.3 It is also worth emphasising that there are a large number of applicants, 3449 in 2000/01, who are accepted by the Housing Executive as homeless, but do not receive any priority for permanent housing from the Executive and are effectively left to look after themselves and probably end up in the private rented sector.

5.1 Whilst the terms of reference set by the Social Development Committee for the Inquiry into Homelessness do not include the nature of homelessness, nevertheless it is impossible to understand the problem of homelessness and therefore deal with the matter in both the short and long term without investigating the nature of the phenomena.

5.2 The statistics attached are the official record, provided by the Housing Executive, of the nature of homelessness and indicate clearly that homelessness effects all age groups and family types.

5.3 The varied nature of homelessness also shows clearly the need for a varied response to meet the full spectrum of the problem, and for this response to be effective, it must be comprehensive and co-ordinated.

Corresponding Increase In 18-25 Year Groups

*New reasons introduced in 1999/00

6.1 The major strength of the current arrangement is the existence of a statutory duty placed on the comprehensive housing authority, the Housing Executive, to deal with homeless people. That in our opinion is an essential foundation to any effective system of dealing with homelessness and must therefore remain in place.

6.2 There are a number of weaknesses to the current arrangements that need to be addressed. Firstly the concept of intentionality, secondly the priority groups, thirdly the likely negative impact of the new Common Selection Scheme and the position of non-priority homeless people.

6.3 It is Shelter Northern Ireland's view that intentionality should be defined to involve only those actions which were deliberately designed to cause homelessness and to exclude actions which may lead to homelessness as a consequence of an action which was not of itself designed to cause homelessness.

6.4 The priority groups should be expanded to specifically include 16 to 21 year olds coming out of care or subject to the Children's Order so that the Housing Executive is responsible for their accommodation needs and draws up a strategy to include housing and relevant support for this group in conjunction with the Health Trusts who would continue to act as their guardian.

6.5 The new Common Selection Scheme (see appendix 3 for details) which came into operation in November 2000, abolished priority groups and replaced these groups with points. It is Shelter Northern Ireland's view that as a consequence of this radical change the position of homeless people prioritised now as a Full Duty Applicant for permanent housing has probably been undermined by the new Common Selection Scheme and that there needs to be a review of the workings of the Common Selection Scheme to ascertain the impact it has made on the position of Full Duty Applicants (that is priority homeless people) with regard to their opportunities to access permanent housing.

6.6 Many homeless people who are not defined as Full Duty Applicants end up in private rented furnished accommodation where their rights to security of tenure and reasonable rents are virtually non-existent. It is Shelter Northern Ireland's view that security of tenure and reasonable rents must be available in the private furnished rented sector in order to provide protection for tenant and as part of strategy of preventing homelessness.

7.1 A parliamentary written answer given at Westminster in December 1975 by Reg Freeson, Minister for Housing and Construction, announced that statutory responsibility for providing accommodation for the homeless would be placed on local authority housing departments.

7.2 The Housing (Homeless Persons) Bill was introduced as a private members measure by Stephen Ross the housing spokesperson of the Liberal Party and received a second reading in February 1977. At the second reading Ross argued that in spite of improvements in housing numbers and quality and the existence of empty houses, there was still homelessness and only a limited duty on social service departments to provide emergency accommodation. He went on to point out that this limited duty had been designed in 1948 to help people who became homeless for short periods but over the intervening years the nature of homelessness had changed and a permanent solution was not required and he proposed that a duty should now be placed on local authority housing departments to house the homeless. Some Conservative MPs on the other hand branded the Bill a "charter for scroungers and scrim-shankers", "rent dodgers" and queue jumpers". However, Labour MPs pointed out that most homeless people were poor families.

7.3 The Committee Stage of the Bill saw a number of amendments regarding people who became 'homeless intentionally' or were considered to have means to be able to provide their own accommodation.

7.4 The Housing (Homeless Persons) Bill 1977 was given royal assent on 29 July 1977 and took effect in England and Wales on 1 December 1977 and in Scotland on 1 April 1978. The Act defined homelessness (without amendment) and priority groups and these were written into the Act. The Act made it a duty to inform all applicants in writing of the reason for a refusal to accept an applicant as homeless. The 1977 Act therefore placed a duty on local authority housing departments to secure accommodation for any person who fell within the definition of homelessness and of the priority groups, and for those who were defined as intentionally homeless, there was still a duty to provide temporary accommodation. However, the Act had not default sanctions that could be applied to local authorities which ignored it.

7.5 The first case under the Act was brought by Mrs Yvonne McPhee against Beverley Borough Council in the Royal Courts of Justice on 21 August 1978 to compel the Council to carry out their duties under the Act.

7.6 Early on problems with the Act became apparent. The wording of the Act allowed for very considerable discretion by local authorities in Britain. For example, it was a matter for them to decide what were appropriate enquiries to establish homelessness and they were also able to decide what is reasonable accommodation for an applicant to be living in at the time of application. Councils were also able to refer an applicant to another local authority if they had no local connections to the area where they had lodged a homeless application. It was also the case that the Code of Guidance accompanying the Act was not necessarily binding on local authorities. Add to this the whole area of intentionality, which one local authority (Afan) had defined to include family dispute which was at the time the largest single reason for homelessness, and the effectiveness of the Act became problematic.

7.7 An early assessment of the Act by the British Shelter organisation drew attention to a number of points.

8.1 The fundamental structure of the legislation on homelessness is the same in England, Scotland, Wales and Northern Ireland, although the administrative arrangements are different in Northern Ireland because major reform of housing here led, in 1971, to the establishment of the Northern Ireland Housing Executive.

8.2 Under the legislation (1977 Act in Britain and 1988 Order in NI) governing homelessness, this is a duty placed on a statutory authority to take responsibility for dealing with homelessness. In that context the statutory body is obliged to identify whether an applicant is homeless, are a member of a priority group and are unintentionally homeless. If the applicant is homeless, a member of a priority group and unintentionally homeless they will be prioritised for permanent housing. Whilst being investigated and a priority case waiting for permanent housing the homeless person is entitled to be provided with temporary accommodation. If following investigation the applicant is found not to be homeless or not to be in a priority group or to be intentionally homeless, then they will be expected to vacate any temporary accommodation provided at such times as are reasonable for them to make their own arrangements.

8.3 The 1996 (Westminster) Housing Act passed by the Conservative Government of John Major seriously undermined the central purpose of the 1977 Act. For example under part vii of the 1996 Act there is no duty to provide accommodation to priority unintentionally homeless people if suitable alternative accommodation was available and it was reasonable for the applicant to live there and if there was no suitable alternative accommodation, there was a duty to provide temporary accommodation for two years and a discretion to renew, after a review, but the applicant was not to be permitted to remain in local authority temporary stock for more than two out of three years.

8.4 The Labour Government at Westminster is pledged to amend the 1996 Act, but devolution has permitted Wales and Scotland to move ahead on their own agenda within the context of their own constitutional arrangements.

8.5 The position in Scotland is as follows:

In July 2001 the Scottish Parliament passed the Housing (Scotland) Bill. This Bill created a new and more radical legislative framework in Scotland for dealing with homelessness. It placed a statutory duty on the local authority (as a corporate body) to produce a strategy on homelessness based on a review. This strategy must be drawn up within twelve months and there is also a duty to renew the review and the strategy.

There would appear to be several implications of the Scottish Housing Bill. One is that the duty is enforceable, secondly the strategy on homelessness will be preventative and thirdly it establishes a minimum as opposed to a maximum level of response.

8.6 A new Westminster Homelessness Act (to replace parts of the 1996 Act) is expected to be implemented in April 2002 and this Act will provide a new legislative framework for dealing with homelessness in England and Wales.

8.7 However, the Welsh Assembly has passed the Homeless Persons (Priority Need (Wales) Order 2001 in March last year and this Order extended the priority need groups to include 16 and 17 year old young people who are homeless or facing homelessness, 18 to 20 year old care leavers, those facing or experiencing or in fear of domestic violence and those who are homeless since leaving the armed forces or since leaving prison.

8.8 The position in England is that there are draft regulations out for consultation on the priority groups and these regulations propose to extend the priority need groups to include the same groups as are covered by the Welsh Order but to apply a more strict (vulnerability) test to those facing domestic violence, ex-service people and ex-prisoners.

9.1 The Housing Act 1988 is the major piece of legislation dealing with homeless. *Under this legislation local authorities are responsible for determining whether a person is homeless, but do not have a statutory duty to the homeless, although the Act does provide them with the powers to respond to homelessness by directly arranging and funding emergency accommodation, (capital and or revenue) making arrangements with a Health Board or voluntary body for the provision of emergency accommodation and/or making contributions to voluntary bodies towards the running costs of accommodation which they provide.

*Section 54 of the Health Act 1953 appears to enable health authorities to provide homeless people with emergency hostel provision.

9.2 Under Section 2 of the 1988 Act a person shall be regarded by the local authority as homeless if

(a) There is no accommodation available which, in the opinion of the authority, he, together with any other person who normally resides with him or who might reasonably be expected to reside with him, can reasonably occupy or remain in occupation of, or

(b) he is living in a hospital, county home, night shelter or other such institution, and is so living because he has no accommodation of the kind referred to in paragraph (a),

(c) and he is, in the opinion of the authority, unable to provide accommodation form his own resources.

9.3 The 1988 Act also empowered the Department of the Environment and Local Government to reimburse local authorities to the level of 80% of expenditure, which has now gone up to 90% with regard to expenditure under Section 10 of the Act concerning the costs of the provision of emergency accommodation.

9.4 The putting into practice of the Act by local authorities would appear to be problematic. For example, in May 1991 the Department issued revised guidelines to local authorities drawing their attention to their responsibilities and powers under the 1988 Act and also stressing the need for co-ordination between statutory and voluntary bodies in order to provide an effective response to homelessness under the Act.

9.5 Local authorities in the Republic allocate about 500 to 600 permanent tenancies to homeless people and most of these would be in the Dublin Corporation area.

9.6 After the publication of the May 1991 guidelines homeless fora were set up in the five county borough areas in order to provide a co-ordinated and more effective response to homelessness. According to the Department consultation arrangements in other areas are more informal.

10 January 2002

Following publication of the Social Development Committee's First Report on its Inquiry into Housing the Federation of Housing Associations notes that the Committee has turned its attention to Homelessness in Northern Ireland. Based on the Assembly's news release dated 28 November 2001 we understand that its terms of reference are:

The Federation is deeply disappointed that the Social Development Committee did not specifically invite us to submit evidence to this, the fifth element of this inquiry into housing in Northern Ireland. This is despite the facts that:

• NIFHA contributed fully to the first four parts of the Committee's inquiry;
• registered housing associations and the NIHE share the same waiting list and selection criteria for people needing social rented housing;
• the NIHE's recent report reviewing its Homeless Strategy and services acknowledges that 16% of all "full duty" homeless applicants are accommodated by housing associations;
• housing associations have formal Joint Management Agreements with many of the more specialised voluntary organisations helping homeless people.

Having made this point about the consultation procedures we shall now turn to the substance of the inquiry.

NIFHA feels the Committee should consider the following points:

More emphasis should be placed on the prevention of homelessness. We commend the work which is already going on in the voluntary and statutory sectors but we think that there is scope for further development, not least in relation to research, education and tenancy support services:

• The factors leading to "repeat homelessness" need to be researched, including a tracking exercise over time.
• More support should be given to educational initiatives such as those which the Simon Community and Shelter are bringing to schoolchildren.
• Tenancy support services should be available for all homeless households, particularly those experiencing "repeat homelessness".

Just as the Department for Health, Social Security and Public Safety has independent persons with a range of relevant experience on its Housing Benefit Appeal Boards, we believe independent people should take part in homelessness appeals against the Housing Executive's decisions on homelessness. This would boost public confidence in the system and help ensure that all relevant aspects of these cases (which often require inter-agency working) are considered.

In the Federation's view there needs to be a "joined up" approach to homelessness. This means that the inquiry should link not only with the Supporting People initiative and the Housing and Health agenda but also the research on House Sales Schemes which the NIHE and NIFHA are currently undertaking. Instead of selling houses in the seven areas where the NIHE's report confirms homeless people are facing long waiting times, the option of offering "portable discounts" should be thoroughly explored as a means of generating more relets in those tightly-defined areas.

The Federation notes the recommendation in the NIHE's review that it should discontinue its arrangement for the Health and Social Services authorities to assess and place homeless applicants outside normal office hours.

While there may be advantages in the NIHE setting up an internal service to deal with "out-of-hours" cases, we believe that some homeless people will first approach other agencies and it would be sensible for the NIHE to welcome the organisation's report and recommendation on the homeless status of such persons.

In the Common Selection Scheme, housing associations have access (via the shared computer system) to most, but not all, of the information about housing applicants. The balance of the information is held by the Housing Executive.

It is essential that each social landlord has all the relevant information about applicants (including homeless people) at or near the top of their waiting lists. This is especially true if the available accommodation is shared with other residents and there are reasonable grounds for believing that the applicant may present a risk.

The existing rules and procedures regarding the exchange of information between the social landlords operating the Common Selection Scheme should be reviewed and changed if necessary to ensure that housing associations have all relevant information before making a housing offer.

I trust that the Social Development Committee finds these comments useful and NIFHA would be glad to discuss them with the committee.

CHRIS WILLIAMSON
Director

10 January 2002

I acknowledge receipt of your letter dated 29 November, 2001 regarding the investigation into homelessness in Northern Ireland.

Council's Public Sector Liaison Committee recently received a presentation from Homelessness Policy staff of the Northern Ireland Housing Executive. At the Monthly Meeting of Council held on Monday, 7 January 2002, it was agreed to forward to you a copy of the relevant Minute extract from the Committee Meeting which would include Council's comments in relation to homelessness. Council would wish, however, to draw attention to those in society who deliberately make themselves homeless and would seek some form of safeguard to avoid this in the future.

(Min No 590(c) - Public Sector Liaison Committee - 10/01)

Tabled and previously circulated: Homelessness Strategy and Services Review Consultation document.

The Chairman welcomed Mr N Hagan from the Northern Ireland Housing Executive to the Meeting at 8.40 pm.

With the aid of visual display he explained that the Report outlined the Northern Ireland Housing Executive's review of homelessness strategy and services. He explained the background to the Review and the main findings.

Members noted that the Review recommended that there was need to present a comprehensive statement of strategic objectives which would give direction to service development over the next five years.

The Housing Executive should seek to ensure:

• Timely provision of permanent accommodation through the social and private rented sectors.
• Provision of appropriate advice and assistance.
• Increased availability of temporary accommodation.
• User involvement in planning of services.
• Minimisation of the use of bed/breakfast accommodation.
• High physical and management standards for temporary accommodation.
• Appropriate support for vulnerable households.
• Performance standards in relation to information.
• Support of strategic partners in the voluntary and statutory sector.

In conclusion Mr Hagan advised that the costs of implementation of the Strategy would be £20 million over a five-year period.

Members asked questions and were provided with answers as follows:

• In reply to Cr Ms M Gribben, Mr Hagan advised that the majority of homeless people were from normal family households who had encountered relationship or sharing problems. A relatively small number of homeless people had drugs, mental health problems etc.
• Mr Hagan informed Ald J McKernan that housing associations were very much involved in rehousing the homeless and allocation was carried out by way of the common selection scheme.
• Ald P J McAvoy asked what measures were taken to counteract false claims of homelessness due to intimidation. Mr Hagan advised of the investigation procedure currently in process and informed Members that the legislation in this regard was being reviewed. He pointed out, however, that most cases of homelessness were genuine.
• Ald S J Hanna expressed concern that many homeless persons with drug problems and criminal tendencies were rehoused in rural areas and caused problems for respectable long-term tenants. Mr Hagan pointed out that this would be a community safety issue. Ideally people with problems should be rehoused where support could be provided.
• Cr D O'Loan's observed that the provision of the type of facility for the homeless recommended in the strategy was on a much higher level than at present and queried the availability of funding for these changes. Mr Hagan pointed out that one of the major outcomes of the Strategy would be to highlight the nature of the problem; the funding to deliver support and initiatives was being addressed by the NIHE Board.
• Cr M T Mills referred to the rise in cases of intimidation and was of the opinion that since the signing of the Belfast Agreement these types of cases should have diminished.
• Cr M T Mills also expressed concern that a number of private and public properties were vacant and not re-allocated - Mr Hagan pointed out that it was not in his remit to manage voids.

Having been thanked by the Chairman for attending the Meeting, Mr Hagan left the Meeting at 9.20 pm.

Following further discussion, the Chairman suggested that the Report of this section of the Meeting together with any comments at the January Monthly Meeting should form Council's response to the document.

10 January 2002

This Service is responsible for responding to homeless referrals, out of hours, on behalf of the NIHE in respect of the four Health and Social Services Trusts in the Eastern Health and Social Services Board area. The Service is administered through North and West Belfast Health and Social Services Trust.

The Emergency Duty Social Work Service was established in July 2000 to provide a comprehensive out of hours emergency social work service for the four Health and Social Services Trusts within the Eastern Health and Social Services Board area.

The Service is provided under joint agreement for:

• North & West Belfast Health & Social Services Trust
• South & East Belfast Health & Social Services Trust
• Down Lisburn Trust
• Ulster Community & Hospital Trust

The Service is managed by North & West Health & Social Services Trust.

The Service is available to all members of the public, all statutory agencies and other organisations within the Eastern Health & Social Services Board area, where circumstances require an immediate response to fulfil the four Trusts' statutory duties.

The Service also responds to all calls relating to homelessness on behalf of the Northern Ireland Housing Executive and out of hours enquiries in relation to the Social Security Agency.

To provide a high quality, professional emergency service to individuals and families whose need for referral to the four Health and Social Services Trusts, occurs outside normal office hours.

The Service provided by the Out of Hours Team is in accordance with current legislation and statutory requirements and regulations that apply to particular service user groups and in accordance with the four Trusts' policy and procedures.

The Service aims to respond to the needs and preferences of service users and to provide a service sensitive to race, religion, language, culture, gender and disability.

The Service is office based at Knockbracken Health Care Park. Contact with the service users is primarily by telephone although in cases of assessed need home visits will be made. There is no public access to the office base and its location is not publicised.

The Team has access to the databases (soscare) across all four Trusts providing information on all known clients. The Team has no access to records held by either the Northern Ireland Housing Executive or the Social Security Agency.

• 17.00 hrs - 09.00 hrs each weekday;
• 24 hour cover, weekends, bank holidays and public holidays.

• 2-3 Social Workers on duty at base from 17.00 hrs - 01.00 hrs every evening and all day at weekends, bank holidays and public holidays;
• 1 Social Worker is on call, working from home from 01.00 hrs - 09.00.

The Service can be contacted by telephone on (028) 9056 5444. This number is publicised on Northern Ireland Housing Executive literature and on their answer phone message. It is also listed in the Housing Executive details in the telephone directory and the number is posted outside the NIHE offices.

Responsibility for Homelessness was transferred from the Health and Social Services Trusts to the Northern Ireland Housing Executive in 1988, with the Housing (NI) Order 1988. Social Services however continue to provide the out of hours service in respect of Homelessness on behalf of the Northern Ireland Housing Executive.

The Emergency Duty Social Work Service is responsible under agreement with the Northern Ireland Housing Executive to:

• assess all requests for accommodation from persons 18 years and over and their families;
• locate and make arrangements for accommodation;
• provide transport to accommodation;
• arrange furniture removal and storage in the case of intimidation or civil unrest;
• arrange for properties to be secured.

** In the case of Displaced Families, Operational Procedures for Displaced Families exist in case of major incidents.

The Emergency Duty Service Social Worker, on receipt of a request for temporary accommodation will make an assessment in relation to the vulnerability of the client and the following action taken.

Single Adults who are not assessed as vulnerable are given the name, address and telephone number of self-referral hostels and asked to make their own arrangements.

In the case of single adults who are assessed as vulnerable, that is:

• Suffering from mental or physical disability.
• At risk of violence at home.
• Elderly persons.
• Have been subject to intimidation.
• Pregnant.
• Been made homeless as result of disaster, eg fire/flood.
• Asylum Seekers.

The Emergency Duty Social Worker would attempt to identify suitable accommodation for the client and arrange transport to that accommodation.

In the case of adults with accompanying children accommodation would be secured and transport arranged.

** It should be noted that while the Emergency Duty Social Work Team will attempt to locate accommodation most suitable to the clients needs, this can be frustrated through unavailability of accommodation or that the most suitable accommodation does not accept out of hours or emergency placements.

The Emergency Duty Social Work Service can only provide temporary accommodation until the next working day, which may require the client or family to be relocated when the matter is referred to the Northern Ireland Housing Executive.

All temporary accommodation provided by the Emergency Duty Social Work Service, to clients 18 years and over and accompanying children is paid for by the Northern Ireland Housing Executive.

In the case of an adult/family who has no available finance to pay for meals the Emergency Duty Social Work Service will provide finance under Article 18 of the Children (NI) Order 1986 or Article 15 H&PSS Order.

The Health & Social Trusts are responsible for accommodating all young persons under the age of 18 years. This responsibility therefore falls to the Emergency Duty Social Work Service, out of hours.

This area of work is expanding rapidly and given the limited number of Children's residential places, increasing numbers of young people are being placed in Hostels, B&Bs and Hotels.

These placements are all financed by Social Services.

The accommodation accessed by the Emergency Duty Social Work Service is divided into three categories.

• Hostels
• Bed and Breakfast Guest Houses
• Hotels

In the case of young persons Children's residential units, family placement schemes or Hostels who deal specifically with the 16-18 year olds may also be used.

The numbers of referrals in relation to homelessness made to the Emergency Duty Social Work Team over the past four months are as follows:

• More integrated response from NIHE and Social Services.
• Planning and monitoring systems established to review service provided.
• Financial input to the Out of Hours Service from NIHE.
• Access to information held by NIHE on individual clients and available accommodation.
• Involvement of NIHE personnel in the Out of Hours Service.
• Review of accommodation available and assessment of type of further accommodation required.
• Negotiations with providers of temporary accommodation re Service required/expected.

It would appear that there has been little review of the out of hours response to homelessness since the Housing NI Order 1988.

11 January 2002

Northern Ireland has significant levels of homelessness, as recorded by both the NI Housing Executive and voluntary organisations working with a range of homeless clients - singles, young people and care leavers, families, victims of domestic violence, ex-offenders and those discharged from other institutions.

Last year 12,694 households presented to the NI Housing Executive as homeless.

• This represents a 15% increase on the previous year, and a 26% increase on the 1991/92 figures - homelessness has therefore increased significantly over the last 10 years according to official records.
• Around half of presentations are from single people (49%), who do not usually meet the priority need or full duty criteria outlined in the legislation.
• The current level of homelessness in Northern Ireland is significant and the NIHE figures show that this level is equivalent to 1 in 81 of the population for last year. This incidence of homelessness in Northern Ireland is 50% greater than in the rest of Great Britain.
• Not everyone who presents to the Housing Executive is accepted as statutorily homeless under the current legislation, because they do not meet the "priority need" criteria. Around half of applicants are not accepted many of which then apply/refer to a voluntary sector provider.
• Homelessness in Northern Ireland is frequently viewed as being a problem in cities and large towns. Northern Ireland has a dispersed population with 39% of the population living in rural areas, including 22% living in areas designated as 'isolated rural areas'. The overall 15% increase in homelessness reveals regional variations. Whilst Belfast showed a higher than average increase in homelessness (21%), NIHE statistics also indicate large increases in areas where there are significant rural hinterlands e.g. the following District Offices - Ballymena (135% increase), Larne (57%), Coleraine (52%), Banbridge (35%), Magherafelt (33%).
• Last year the Simon Community received 3,726 referrals from single people who were homeless or threatened with homelessness. Half of these referrals were from the individuals themselves with the other 50% via a range of agencies - Social Services, NI Housing Executive, Probation, PSNI etc..
• Half (51%) of those presenting to Simon Community were aged 25 and under, with one in 5 aged 16,17 and 18. 77% of referrals were male (because less opportunity to be in priority need under the legislation) and one quarter female.
• The Simon Community responded by providing accommodation to 1,093 individuals. Frequently because of the range and complexity of their problems the remaining referrals were provided with advice, information and signposted to other relevant housing and support agencies.
• Last year (2000/01) 40% of residents in the Simon Community classified Belfast as their hometown. The remaining 60% came directly from rural areas, small villages or towns, or were originally from such areas, moved to more urban areas and then became homeless.

The key legislation and policy in the area of homelessness in Northern Ireland is as follows:

• Housing (NI) Order 1988.
• Children (NI) Order 1995.
• Common Selection Scheme (introduced October 2000).
• Housing Benefit Regulations.

Current and potential responses to the problem of homelessness should be looked at against the backdrop of the structure of the Northern Ireland housing market. The current structure is actually driving the increases in the level of homelessness and is of strategic importance in any response to the problem by DSD.

Fundamentally there is simply insufficient accessible and affordable accommodation for everyone in Northern Ireland. This is particularly true given the housing mix of 68% owner occupation and 5% private rented sector. For many people these two sectors are unaffordable, particularly the former. Social rented housing is in high demand as evidenced by the number of households - 10,366 - on the Housing Executive's housing stress waiting list. In addition the continued growth of single person households (now 25%) adds to pressure on available stock, as does the dwindling of the social rented sector via the ongoing sale of on average 5,000 and the demolition of some 1,000 Housing Executive dwellings per year. In addition, the current new build level of 1,500 social rented dwellings per year does not replace the loss.

This structural problem is a major driver of homelessness in Northern Ireland and can only be addressed through the leadership of DSD. Additionally there are other complex reasons why people become homeless and stay homeless. These can be analysed across a number of categories as shown in the table below.

The Northern Ireland Housing Executive has the responsibility as the Regional Strategic Housing Authority to provide social housing to those it classes as being Full Duty Applicants (FDA). Of those presenting to NIHE they do not classify nearly 50% as being homeless. In practice the single homeless (and other needs groups) fall outside the current definition of FDA and come to the network of voluntary sector providers. This is far from ideal, particularly in those areas where voluntary sector provision is weak, or in the case of County Fermanagh where there is no voluntary sector provision for this group.

Reviewing the current arrangements on a number of levels, we would make the following comments:

• There is the need to have a strategic requirement for the prevention of homelessness, and any response to it, in Housing legislation and to interlink this to the roles of other agencies:
• The groups/individuals covered by priority need (FDA) needs to be widened out - one could argue that all should be recognised under this category.
• The extent of information (advice and assistance) provided by NIHE to those they deem not to be homeless or FDA needs to be reviewed - simply giving them a 4 page booklet listing private landlords is unsatisfactory.
• As detailed earlier, there is a serious structural problem with the Northern Ireland housing market, which impacts on the level of affordable and accessible accommodation. This situation is not recognised at present and indeed the NIHE do not currently see affordability as an issue, although they highlight that it may be in future.
• There is a gross annual need of 1,500 units of social housing to ensure the level of urgent need does not increase - this will only maintain the status quo and not reduce the current level of homelessness.
• At present there is a reliance on temporary accommodation and B&Bs for single homeless people. The unsuitability of these arguments is recognised by many and there needs to be a strategic plan on how the move away from such arrangements is going to be achieved. The NIHE, have highlighted this problem and suggested targets to alleviate it, in their review of homelessness strategy and services.
• In addition there are often conflicting social policies e.g. single room Housing Benefit level blocks moves to appropriate accommodation for young people with issues.

• There is the need for an Authoritative Code of Guidance (alongside homelessness legislation). At present the current arrangements are too discretionary.
• There is room for improvement in the level of understanding of homelessness at the 'district level' in the NIHE and the use of designated officers (and staff awareness training) could improve this considerably.
• The requirement to produce ID when presenting themselves as homeless is a major barrier for many homeless people - it is very difficult to get suitable ID if you have no fixed address.
• The changes in rules for overlapping HB/rent cases should be reviewed as they don't assist resettlements/ move-on.
• On the prevention side, there is the need for a more proactive housing management regime which should include helping people to be good tenants.
• The needs of longer-term homeless are often overlooked and they should be looked at separately.
• In the current appeals process there is the need for an independent 2nd stage appeals process - similar to that for HB and SS appeals.

There are also a number of other issues that are of importance for any future strategic response to homelessness in Northern Ireland.

• With the Supporting People Bill there are a number of important issues to be address:

(1) the level of funding, which should reflect the higher levels of homelessness in Northern Ireland;

(2) access for funding of services to single homeless people; and

(3) implementation of this new policy.

• Need for joint protocols regarding service delivery for a number of groups, e.g. care leavers.
• Need for more prevention and tenancy interventions.
• Need for increasing non-housing interventions re homelessness (see table).

Unlike most other groups in society there are significant practical difficulties for the homeless in interacting with Government agencies. For the individual no home means.no address, no job, no bank account or credit and poor access to public services. This results in hardship, social exclusion, disconnection and no hope, and a series of barriers to finding your way back to inclusion in society.

There are many good models of good practice in Northern Ireland. Simon Community are involved in a number of such innovative projects including the Foyer scheme, which takes an overall approach of providing accommodation, training and employment support under one roof for young homeless people.

There are numerous operational models of good practice outside Northern Ireland providing services on the prevention - intervention - support - resettlement continuum, and dealing with many of the items outlined in the previous section in terms of strategic inputs, operational issues and related matters. We would welcome the opportunity to outline these in more detail to the DSD Committee via oral evidence.

In this section we have concentrated on government led models of good practice in relation to legislation, legal processes, social and other policies and funding. These are outlined below:

• Great Britain: Strategic approach and commitment to reduce rough sleeping by 2002 by at least two thirds (England), to zero by 2003 (Scotland); also in Wales. Special task forces/units prepare and oversee measures, e.g. the Scottish Parliament has established a Homelessness Task Force, chaired by a the Minister for Social Justice and takes a cross-departmental approach; Considerable efforts aimed at improving understanding and monitoring homelessness situation. 'Scotland's Rough Sleepers Initiative'; 'England's Safer Communities Supported Housing Fund'.
• In England and Scotland there is a clear process for appeals regarding application of homelessness legislation. In Scotland there is recourse to an independent panel and in England such cases are heard by the magistrate's court.
• In England and Wales the Homelessness Bill includes a new power, but not a duty, to enable local authorities to be able to secure accommodation for homeless applicants who are not in priority need. In addition, the Bill proposes an extension of priority need cases to include all 16 and 17 year olds, care leavers aged 18 - 21 and those leaving institutions.
• In Northern Ireland, under the Children Order 1995, there is reference to requirement for other agencies to be involved/respond to problem if called upon by lead agency. A similar provision in Housing Order would greatly facilitate the cross-department response that is often required when dealing with homeless people.
• Republic of Ireland: Homeless Strategy (May 2000) sets out a comprehensive and preventative approach; substantial capital and revenue budget allocations and increases over next 5 years, strong partnerships with NGOs and local authorities, shelter capacity being increased; special care provisions (alcohol and drug users); special homeless agency for Dublin; 3 year local actions plans in preparation for every county; innovative interconnections to other legislation including planning regulations.

11 January 2002

The Chartered Institute of Housing in Northern Ireland is the only professional organisation representing all those working in the area of housing. Its purpose is to maximise the contribution that housing professionals make to the well-being of communities.

The Chartered Institute has over 17,000 individual members working for local authorities, housing associations, Housing Executive, the Rent Service, educational establishments and the private sector.

CIH is pleased to be included in the consultation process regarding the Social Development Committee's Inquiry into Housing and has included its views in the attached report. The Institute looks forward to receiving details of the conclusions that are drawn as a result of the consultation process.

If you require any further information concerning this report please do not hesitate to contact me and I will be pleased to discuss the matter with you at the earliest opportunity.

ADELE BURGHAM
Policy and Professional Practice Officer

The Chartered Institute of Housing in Northern Ireland was pleased to be included in the previous aspects of the Social Development Committee's Inquiry into Housing and welcomes the opportunity to participate further in the consultation process regarding homelessness.

The issues that impact on the matter of homelessness are many and varied, and homeless people are some of the most marginalised members of society. It is therefore of the utmost importance that the issue of homelessness in Northern Ireland is addressed and the Chartered Institute of Housing in Northern Ireland is certain that this Inquiry will prove invaluable in helping to identify and address the issues raised.

CIH in Northern Ireland has focused this report upon legislative proposals, new legislation and Government initiatives and task forces established to tackle the causes and effects of homelessness across England, Scotland and Wales.

New housing legislation is expected to be introduced in Northern Ireland early in 2002, and although the contents of the Housing (NI) Bill remain undisclosed, it is generally believed that the legislative changes will result in a "tidying-up" process, in order to bring housing legislation in Northern Ireland in line with English legislation, namely the Housing Act 1996.

Such changes will undoubtedly prove useful in many ways, not least by addressing the anomalies that currently exist between Great Britain and Northern Ireland. For example, the 'five hurdles of homelessness' that apply in GB cannot be successfully passed if you have accommodation available for your occupation in the UK or elsewhere. In Northern Ireland to be accepted as homeless, accommodation must not be available to you in Northern Ireland.

However, housing policy has been developing in England over recent years and significant progress has been made with regard to homelessness, including proposals for change, new housing legislation and the formulation of task groups to target particular areas of concern.

The Homelessness Bill has its roots in New Labour's 1997 Manifesto, and follows the Homes Bill which fell last year prior to the General Election. The major difference is that the Homelessness Bill no longer contains the proposal to introduce the Seller's Pack that proved so controversial at the time.

The Bill could potentially be in place by approximately April 2002, and this timescale could prove problematic for Local Authorities, due to the Bill's requirement for working in partnership and in the approach to Supporting People.

The Homelessness Bill contains proposals that will greatly strengthen the position of homeless people by addressing the worst aspects of the 1996 Housing Act.

• The two year duty to secure temporary accommodation will be replaced by a duty to secure settled accommodation for homeless households who are in priority need, (as indeed is the case already in Northern Ireland for full duty applicants)
• The duty to consider whether suitable accommodation is available in the locality will be removed
• Restrictions will be placed on the circumstances in which an offer of an Assured Shorthold Tenancy in the private rented sector will constitute a discharge of duty
• A new power, but not a duty, will be introduced to enable authorities to secure accommodation for homeless people who are not in priority need
• Greater flexibility will be permitted concerning the use of local authority housing stock to accommodate homeless people
• Extending the priority need categories to include 16 and 17 year olds; care leavers aged between 18 to 21; those who are vulnerable as a result of fleeing violence; and those deemed by the local Authority to be vulnerable as a result of an institutional background, such as ex-offenders or personnel leaving the Armed Forces.

The CIH welcomes these proposals as they will undoubtedly improve the situation for homeless applicants. However, CIH believes it is important to note that these additional responsibilities will require increased investment.

There are several reasons why the extension of the Priority Need Categories will incur additional costs for local authorities and their partners including:

• Local authority staff will be required to undertake additional assessments and accommodation placements
• Given the vulnerability of the client groups involved more intensive housing management will often be required, both to support the individual and, in some cases, to protect local communities
• Funding will be required to train housing staff to enable them to fully assess clients' needs
• The need to enhance the range of provision to ensure that deprived neighbourhoods are not over-burdened and to provide services in areas where they are already lacking or improve them where they are over-stretched

Where void rates are higher in the social rented sector, it is often reflective of more fundamental problems within the local housing market, and in such areas social sector voids may still often be lower than those in parts of the private sector. The scope for reducing the use of temporary accommodation by maximising the use of social sector stock is therefore limited.

The Homelessness Bill places considerable emphasis on "choice". This echoes the sentiments of the Housing Green Paper, which encouraged housing providers to move from traditional allocation systems to choice-based lettings instead.

The DTLR has provided funding for 27 local authorities to explore novel approaches to lettings, and approximately 350 registered social landlords are currently involved in these pilot schemes, with 100 designated as active participants.

These pilot schemes are broadly based upon the Delft Model, where accommodation from a variety of landlords is advertised openly and interested applicants may select a property in their area of choice. They tend to either give homeless households a time-limited period of priority over other applicants, or exclude them from the open list, allocating a property to them directly from the top of the list.

CIH in Northern Ireland supports the use of choice-based allocations in suitable areas as it will offer prospective residents greater choice, and can help to sustain fragile communities.

This is arguably one of the most important aspects of the new Bill, for it places an obligation on Local Authorities not only to undertake a review of homelessness in their area, but also to produce a strategy for tackling it. Local Authorities must produce a homelessness strategy within 12 months of the Bill coming into force, and a new strategy every five years.

The DTLR's Good Practice Guide to preparing a strategy emphasises the need for organisations to work together and across regional boundaries, in order to tackle homelessness effectively.

This proposal is welcomed by the CIH as it clearly signals the Government's move away from a crisis management approach to dealing with homelessness to a more strategic approach, focused on prevention.

(Good Practice Guides for designing housing strategies and dealing with homelessness are available from the Chartered Institute of Housing).

It is widely believed that the idea for having a National Housing Strategy came from Lord Falconer himself, and the strategy has already set targets relating to homelessness on a national level, and recently consulted on the need for additional targets to be set.

• To reduce the number of rough sleepers by two thirds by 2002 (the Rough Sleepers Unit is on target for achieving this target)
• To report the proportion of homeless applications processed with 33 working days
• Target for Bed and Breakfast Unit (to be determined)

CIH welcomes the National Housing Strategy as it provides a means of co-ordinating the various Government initiatives across the country, such as the Rough Sleepers' Unit, Empty Homes Agency and Bed and Breakfast Unit. However, it is essential that the strategy is flexible enough to adapt to the needs of different regions, and that working in partnership becomes a reality.

Furthermore, as local homelessness strategies will need to be updated at least every five years, then it would seem logical that the national strategy follows a similar timetable for review.

Local authorities should be encouraged to recognise the support services that are required within neighbourhoods to tackle and prevent homelessness. The National Homelessness Strategy should place much greater emphasis on the role of the new Supporting People regime in achieving the strategy's goals, and in the links between tackling homelessness and the remit of local strategic partnerships.

The Bed and Breakfast Unit was established by Nick Raynsford, Housing Minister, in 2001and it is located in the Government Office for London, although it covers all Local Authorities in England. The Unit is expected to have a life span of approximately two years, and has the following aims:

• To develop solutions to help authorities reduce their dependence on B&B accommodation
• To disseminate good practice guidelines
• To influence wider and related issues, thus ensuring that those working in areas such as regeneration consider the impact of their policies on homelessness

The unit is made up of between five and eight people, civil servants and practitioners from the field, and is headed by Ashley Horsey (formerly of the Empty Homes Agency).

To put the number of families accommodated in Bed and Breakfast Accommodation into perspective, 36 English Local Authorities were accommodating 50 or more homeless households in Bed and Breakfast accommodation in December 2000, and of these, 25 authorities were in London. During the same month, seven of these London authorities were accommodating more than 400 households in this type of temporary housing.

The CIH is concerned that in certain areas the inefficient processing of Housing Benefit applications is deterring Registered Social Landlords from providing temporary accommodation. This, in turn, is leading to increased reliance upon bed and breakfast accommodation. CIH recommends a streamlined system for processing applications for Housing Benefit for residents of temporary accommodation including:

• Easement of Verification Framework requirements for hostel dwellers
• Housing Benefit help teams
• RSL verification pilots

CIH is concerned that London's housing associations are being forced to withdraw from this type of provision, primarily due to the unsustainable level of risk caused by Housing Benefit problems. (Nearly £12m in Housing Benefit is owed to the nine housing associations running private leasing schemes, for 10,300 homes). In order to tackle this problem, CIH has called for temporary housing to be removed from the current Housing Benefit arrangements, with responsibility for making payments transferred to local authority housing departments via a fund administered by the DTLR.

CIH believes that although the use of bed and breakfast accommodation cannot be avoided on occasion, its use should be curtailed as much as possible and therefore the CIH supports the unit's objectives.

The Rough Sleepers' Unit is probably one of the best known Government initiatives in relation to housing. The Unit was established by the DETR in April 1999, and headed by Louise Casey (formerly of Shelter), as a result of a report published by the Social Exclusion Unit in July of the previous year. The report set out the manner in which the number of people sleeping rough in England could be reduced, and following this the Prime Minister declared the Government's intention to reduce the number of rough sleepers by at least two thirds by 2002.

The Unit has national responsibilities for tackling rough sleeping and developing policy in this area. It was set the task of implementing the recommendations of the SEU, by working on 'a radical new approach to help vulnerable rough sleepers off the streets, rebuilding the lives of former rough sleepers and preventing new rough sleepers of tomorrow'.

The key objectives of The Rough Sleepers Unit are as follows:

• Accommodation: to make more bed-spaces available for rough sleepers in London, with the right sort of help for those who need it most
• Street work: to develop a focused, more targeted approach to street work
• To provide services when rough sleepers need them most: 24 hrs, late night and early morning
• Help those most in need: mentally ill, drug/alcohol abusers
• Ensure a continuum of care
• Provide opportunities for meaningful occupation
• Improve the incentives to leave the streets

The Rough Sleepers Unit believes that 'Prevention is the only means of ensuring a lasting and sustainable end to the problem of rough sleeping' and this sentiment is strongly supported by the Chartered Institute of Housing in Northern Ireland .

Scotland has recently had legislative changes enacted through the introduction of the new Housing (Scotland) Act 2001. The Act brought with it many changes to the Homeless legislation, and some aspects are mirrored in legislative proposals elsewhere in the United Kingdom.

With regard to homelessness and the allocation of housing, a number of new duties for local authorities and registered social landlords have been enacted. Part 1, Sections 1-10 of the Act includes a number of new duties on homelessness and the allocation of housing. They include:

A duty on local authorities to carry out assessments of homelessness and to prepare and submit strategies for preventing and alleviating homelessness in their area. Homelessness strategies must show how the local authority intends to encourage equal opportunities and observe equal opportunities requirements in these strategies. Homelessness strategies must be reviewed when Scottish Ministers require reviews or at any time a local authority wants to. (Section 1)

A duty on local authorities to make sure that advice on homelessness and the prevention of homelessness is available free of charge to anyone who wants it. (Section 2)

A local authority's duty to accommodate a homeless person in priority need and not intentionally homeless continues until they are found permanent accommodation. In most cases permanent accommodation is either a Scottish Secure Tenancy (SST) or an assured tenancy. (Section 3)

A duty on local authorities to provide temporary accommodation and advice and assistance to anyone who they believe to be homeless whether or not they have a priority need or are intentionally homeless. Ministers will be able to prescribe the types of assistance provided by local authorities to this group. (Section 3)

Homeless people will also have a right to have any decision made by the local authority in respect of their homelessness assessment reviewed by a senior officer in the local authority.

Local authorities must inform all applicants that they have this right. The Act outlines the procedures a local authority should follow in carrying out such a review. (Section 4)

A duty is placed on Registered Social Landlords to comply, within a reasonable time period, with a request from a local authority for accommodation for a homeless person unless it has a good reason for not doing so. In making such requests local authorities must have regard to the availability of appropriate accommodation in its area. Scottish Ministers may issue guidance as to what constitutes a reasonable time period and good reason not to comply. (Section 5)

Where there are disputes between a local authority and a RSL over the allocation of a house to a homeless household the Act outlines a process of arbitration to resolve such disputes. (Section 6)

New regulations will set out the occupancy rights of people living in hostel accommodation. This will include a minimum period of notice but will not prevent the earlier termination of accommodation where there is a serious danger to staff or residents. (Section 7)

Scottish Ministers will have powers to require local authorities to prepare and submit plans for a common housing register for their area. RSLs must comply with any requests for information from a local authority with respect to the development of a common housing register. (Section 8)

Any applicant aged over 16 is entitled to admission to a housing list of a local authority or Registered Social Landlord. (Section 9).

RSLs become subject to the rules regarding allocation laid out in Section 20 of the Housing (Scotland) Act 1987. These rules already apply to local authorities but have been substantially modified by the Act. For example, in deciding on an allocation a landlord cannot refuse to allocate on the basis of any rent arrears which have been paid off or of council tax arrears or where there is an arrangement for paying limited rent arrears off. (Section 10)

Local Authorities will have duties to carry out an assessment of housing needs and provision in their area and prepare a local housing strategy. Scottish Ministers will have the power to specify what should be covered in the strategy and the processes to be followed in preparing the strategy. Local Authorities will have duties to keep their strategy under review and provide information concerning the implementation of the strategy. Local Authorities are required to show how these strategies promote equal opportunities and meet equal opportunity requirements. (Section 89)

Although the legislative changes have not gone as far as some of the proposals contained in the Homelessness Bill, strong similarities remain. For example, the duty to accommodate a homeless person in priority need and not intentionally homeless until they are found permanent accommodation, is a step closer to finding them permanent accommodation, as the Bill proposes and as is currently the case in Northern Ireland.

The legislative requirement to assess housing need and to submit a strategy for preventing and alleviating homelessness, is welcomed by the CIH as it demonstrates the Scottish Parliament's move toward a more strategic, joined-up approach to dealing with the issue of homelessness.

The membership and remit of the Homelessness Task Force were announced on 9 August.

'To review the causes and nature of homelessness in Scotland; to examine current practice in dealing with cases of homelessness; and to make recommendations on how homelessness in Scotland can best be prevented and, where it does occur, tackled effectively'.

• £30 million over the five years from 1997-2002 for the Rough Sleepers Initiative has been committed for dealing with homelessness, along with the assertion that 'no-one should have to sleep rough by the end of the Parliament's first term'
• £24 million has been earmarked for the Empty Homes Initiative in order to bring over 1,500 empty properties back into use
• £4 million was allocated in 1999 to help meet councils' revenue costs for over 50 homeless hostels with around 2,500 places.

CIH believes that the Homelessness Task Force is a valuable tool for tackling homelessness, for reducing the number of people sleeping rough, for providing hostel places and for bringing void properties back into use.

The National Assembly for Wales has proposed to extend the categories of homeless people who are regarded as being in priority need of accommodation under Section 189 of the Housing Act 1996.

Four multi-agency task groups were established to develop proposals for Wales' strategic approach to housing, and Task Group 4 (entitled "Ensuring decent housing for all - meeting the requirements of vulnerable households") recommended that the National Assembly for Wales should consider extending the categories of priority need to encompass the following groups (through secondary legislation).

• Young people
• Care leavers
• People sleeping rough
• People fleeing from violence and harassment

This mirrors the proposals in the (Homes) Homelessness Bill and the Housing Green Paper, where local authorities are encouraged to give consideration to 16 and 17 year old applicants. In Scotland the legislation has not gone quite that far but has placed a duty on local authorities to provide temporary accommodation to anyone who they believe to be homeless whether or not they have a priority need or are intentionally homeless.

The Section 180 budget for voluntary organisations for 2000/2001 has been increased by over 75% from £1.05m to £1.85m and a one off allocation of £3.6m was also made available for Local Authorities to develop better strategic approaches to homelessness.

Local Authority housing allocations are subject to Parts VI and VII of the Housing Act 1996, which became effect on 1 April 1997. The Act also requires authorities to give consideration to guidance issued by the Secretary of State for Wales, and a statutory Code of Guidance was issued in October 1996.

The Code of Guidance was recently reviewed and included revised guidance for dealing with:

• The vulnerability of care leavers and 16 and 17 year olds
• Dealing with applicants who are at risk of domestic violence or racial harassment or have been asked to leave by their landlord
• Including applicants on the Housing Register who do not meet local connection criteria, e.g. those fleeing domestic violence/intimidation;ex-service personnel, people leaving prison whose previous residence was in the area

The Chartered Institute of Housing recognises the importance of an accurate and comprehensive Code of Guidance for use in areas where the legislation requires clarification, and therefore welcomes the review of the guidance.

CIH in Northern Ireland has also recommended to the Northern Ireland Housing Executive that its Code of Interpretation should be replaced with a definitive and authoritative Code of Guidance, similar to that of England and Wales.

The Welsh Assembly has proposed to extend the priority need categories to include the following:

• Homeless people aged 16 to 18
• Care Leavers
• Prisoners immediately after being released from custody who have no accommodation to return to
• People leaving the armed services who have no accommodation to go to
• People fleeing from violence and harassment

CIH believes it is necessary clarify whether the new groups will have priority if vulnerable (s189 (c)) or whether they will be listed separately as priority groups under s189. It is interesting to note that the Housing Green Paper suggests that homeless people who have an institutionalised or care background (such as care-leavers, those leaving prison and ex-service personnel) should be considered in priority need if vulnerable (s189 (c)), whilst unintentionally homeless 16 & 17 year olds should automatically be considered as having a priority need (s189).

The emphasis on a strategic approach to prevention in the Housing Green Paper (DETR 2000) and new requirements on authorities to carry out homelessness audits is particularly welcomed by the CIH. It believes that this approach could be adopted in Wales. The adoption by authorities of local homelessness strategies could also form a key component of the proposed National Homelessness Strategy, focusing on developing a corporate and multi-agency approach to the issue.

The Northern Ireland Housing Executive, which acts as the regional strategic housing authority for Northern Ireland, has recently carried out an internal review of its Homelessness Strategy and Services. The proposals that were put forward for public consultation by the Housing Executive will undoubtedly have a significant impact on the provision of services to homeless people, both over the long term and the short.

CIH in NI responded to the consultation report, and many of the concerns raised are included below, as they relate specifically to the provision of homelessness services in Northern Ireland.

The consultation paper details the various methods through which the Housing Executive plans for future general needs housing provision, including planning for homelessness services and CIH recognises the importance of subsuming homelessness policies into the wider agenda of the organisation.

It is recommended that a comprehensive statement of strategic objectives and demand should be adopted by the Housing Executive, in order to determine the organisation's strategic direction for development of services over the following five year period. This recommendation mirrors the contents of the (Homes) Homelessness Bill, and CIH believes that it is necessary for housing providers to conduct a review of homelessness on a local level and publish strategies at five yearly intervals in order for homelessness to be dealt with in a truly strategic manner.

The importance of Social Services and Local Authorities working in partnership with each other is highlighted, and although the Housing Executive currently works with other agencies when appropriate, CIH recommends that these arrangements should be formalised into Joint Protocols.

CIH noted the statement that those living in more remote rural areas were less likely to approach NIHE in relation to homelessness, and the Institute therefore welcomes the Housing Executive's intention to undertake research into the nature and extent of rural homelessness.

CIH also recommends that issues such as accessibility and location of NIHE offices should be looked at to discover if this is a factor in the reluctance of rural people to contact the Executive for help, or similarly if it is assumed that social housing is not available in rural areas, due to high demand or short supply.

The Chartered Institute of Housing is able to offer information regarding developing a rural housing strategy and examples of good practice.

CIH is aware of the difficulties associated with permanently re-housing homeless applicants who are assessed as Full Duty Applicants. (This is a situation unique to Northern Ireland as elsewhere in the United Kingdom the duty is to secure suitable temporary accommodation only, although changes are expected in the near future).

The areas of highest demand and/or low supply result in long waiting times in temporary accommodation for those households awaiting accommodation in these areas, and CIH supports the need to have land cost restraints removed in areas with acute levels of homelessness, and to provide additional units of supported housing for applicants with special needs.

However, the Institute feels it is important to draw attention to the effects of individual NIHE policies on waiting lists, and the effect of the House Sales Scheme cannot be overlooked. It is imperative to accurately assess the current housing stock levels, gauge as accurately as possible the number of units expected to be lost through the Sales Scheme and finally determine the number of new builds necessary to make-up the shortfall if homelessness is to be addressed effectively.

Other issues, such as sustainability should also be given consideration, and CIH would support the introduction of choice-based allocation policies (where appropriate) in order to help nurture a sense of belonging in the community and thus help promote sustainable communities.

CIH welcomes the recommendation to introduce a system to track the levels of repeat homelessness, however is concerned that no other measures for dealing with the issue have been put forward. Without detailed research and evaluation it is difficult to see how a better understanding of the reasons for repeat homelessness can be attained.

CIH would suggest that although a tracking system is a step forward, it alone is not enough to provide the information necessary to understand the reasons behind repeat homelessness and therefore further research is needed into this subject. The considerable expertise of housing providers in the Voluntary Sector in this field, (such as the Simon Community in Northern Ireland and the Council for the Homeless), should be drawn upon and would undoubtedly prove invaluable in reaching a better understanding of the cycle of homelessness.

The possibility of furnished tenancies or starter packs could also be considered for young people or first-time tenants who are often homeless as a result of a crisis and are unlikely to have the financial resources necessary to furnish a home.

CIH endorses the general recommendations made with regard to joint working; furthering research; formalising joint protocols between agencies; addressing the difficulties related to the location of temporary accommodation; and the introduction of support workers for those with higher levels of needs; developing move-on accommodation; promoting Good Practice in relation to health; and the re-training of staff who deal with issues of a sensitive nature.

However, with regard to assisting Women's Aid to carry out a fundamental review of the need for refuges and the services they provide, CIH believes this is an opportune time at which to fully consider the matter of which organisation is best placed to provide general needs or specialised hostel accommodation, and in what manner. It may be that certain organisations are better placed to deal with the provision of accommodation and/or support for a particular client group, e.g. young people/ drug and alcohol users/ mental health needs.

The Chartered Institute of Housing encourages the Housing Executive to work closely with other agencies such as the Probation Service and the police when dealing with ex-offenders and Schedule One offenders and is able to provide advice for developing a strategy for re-housing offenders and others from an institutional background and examples of Good Practice.

CIH believes that further consideration should be given to devoting a specific section of any homelessness strategy to the issues of youth homelessness as the needs of young homeless people are often very different and a more proactive approach is needed to help prevent youth homelessness through education, counselling and targeting while at school.

The intention to create 250 additional units of temporary accommodation is welcomed by the CIH, however, although this will certainly reduce pressure on accommodation in itself is not enough.

CIH feels that while the use of Bed and Breakfast accommodation for homeless families is unavoidable at times, its use should be curtailed wherever possible. An area of concern for those housed in temporary accommodation is that of locality and proximity to services such as schools, place of employment, family support and health care provision. CIH would like to see issues such as these taken into account when temporary accommodation is allocated, and those who need to remain in an area to avoid experiencing hardship afforded some flexibility. (This can often be a major issue in rural communities).

With regard to the use of private accommodation, the Institute supports the Housing Executive's Voluntary Licensing Scheme, but believes that a voluntary scheme does not go far enough and would support a mandatory scheme (as detailed in a previous consultation response, Voluntary Licensing of Houses in Multiple Occupation, March 2001).

Furthermore, CIH believes that as part of its Duty of Care to homeless households the Executive should be able to ensure that it is of a reasonable standard. It is therefore suggested that all temporary accommodation offered by the NIHE should be inspected on a regular basis. The Chartered Institute of Housing recommends that the inspection should be carried out jointly between NIHE staff and an Environmental Health Officer or other suitably qualified individual. Not only would this ensure that all relevant safety standards are met, for example appropriate fire safety measures installed, certificates issued, but would result in higher standards of management being achieved due to powers of enforcement.

In order to ensure that everyone who presents as homeless is treated consistently regardless of which office they approach for assistance, CIH believes that a definitive Code of Guidance such as that used in England should be adopted. Staff dealing with this area of housing should be properly trained both in matters of housing law and in how the Code of Guidance should be interpreted. The Code of Guidance is widely referred to across England and is helpful to many authorities where the law is open to interpretation or clarification is required and helps to ensure consistency in dealing with homeless applications across the country.

(This is an area in which the Chartered institute of Housing has considerable expertise and would be pleased to offer accredited training courses and information to help with its implementation.)

CIH is disappointed to note that little is said in relation to the prevention of homelessness, especially as the Government is gradually adopting a more preventative approach to homelessness, rather than crisis management. In England Local Authorities have a statutory duty for the prevention of homelessness and a similar approach would be welcomed by the CIH in Northern Ireland.

A more strategic and comprehensive education package aimed at school-age children and young people is necessary, as is more effective advice regarding tenants/landlords rights and responsibilities.

A one-stop shop for dealing with enquiries provides an improved and more professional service for tenants and should be considered.

Improvements to the Housing Benefit system would be welcomed as it could lead to reduced applications for possession due to arrears, and again a more streamlined service would be beneficial to Housing Benefit claimants.

A proactive approach by NIHE staff when dealing with potential evictions or an applicant who is nearing the natural end of a tenancy could result in the action being put on hold while a second chance is given, or negotiation could result in arrangements to repay arrears etc being acceptable to the landlord instead.

The recommendation to introduce a one-stop shop for an out-of-hours service through the Housing Executive is supported by the CIH. This would lead to an accessible and professional service being delivered to those in need of assistance outside of normal office hours. Staff should of course be well-trained and able to offer practical advice and/or immediate access to temporary accommodation where appropriate.

The Executive has noted the issue that its Appeals Procedure is lengthy and confusing and recommends the introduction of a one-stage appeal system to give appellants a faster service.

CIH believes that there may be Human Rights implications with regard to the appeals process and would encourage NIHE to consider the system utilised in England, as detailed in the Code of Guidance on Parts VI and VII of the Housing Act 1996, Allocation of Housing Accommodation and Homelessness.

Here the appellant would have the matter reviewed internally by a more senior officer who was not involved in the original decision (HA 1996 s202); the opportunity for an oral hearing where appropriate; be subject to time limitations; have the right to appeal to a County Court (S204i); have the right to complain to Local Government Ombudsman with regard to maladministration.

The Chartered Institute of Housing in Northern Ireland is aware of the difficulties faced by the Housing Executive when dealing with periods of civil unrest. There are undoubtedly times at which households must be offered assistance immediately and the need arises for them to be relocated and their possessions removed and stored at once.

However, the report states that on average 1,200 cases per annum have their furniture stored by the Executive at a cost of £520,000. In England Local Authorities have a duty to arrange removal and storage of belongings where they are determined to be at risk, and the cost is often recovered by the Council after the event.

CIH suggests that the NIHE considers the system used in England, for although it may not be possible to fully adopt it in Northern Ireland due to the unique situation here, it might be possible to recoup some of this vast sum of money for future use.

On a similar note, many Local Authorities do not provide any assistance at all with regard to transportation and while CIH commends the Housing Executive for helping applicants access its accommodation, the use of taxis costing £10,000 per annum must be reviewed.

CIH believes that there are times the use of taxi transportation is invaluable, for example for a person fleeing domestic violence in the middle of the night, or in a rural area where public transportation is unavailable, but would encourage the Executive to consider other alternatives for more routine journeys. In England the Benefits Agency have the discretion to make an Emergency Travel Payment to help people get to temporary accommodation, and other forms of transport such as buses or trains for long journeys should also be considered.

The Chartered Institute of Housing in Northern Ireland is pleased to contribute to the Inquiry in to Housing and hopes the Committee finds the information and views contained above helpful and informative.

The Institute holds a comprehensive database of policy papers and housing related information, as well as publications and Good Practice Guides - much of the information detailed above can be located on the CIH website at .

The institute also produces the Housing Standards Manual on CD Rom, which contains information regarding homelessness (as well as many other housing management issues) and features a section devoted to examples of Good Practice in relation to homelessness.

CIH has also recently launched 'HouseMark', a new internet based service, developed by the CIH in conjunction with Arthur Andersen, that links cost, resource and performance benchmarking on a cross sector, UK-wide basis with comprehensive good practice guidance. HouseMark contains a large database of good practice examples from across the UK, tips on good practice, frequently asked questions, process maps, useful contacts and references.

Whilst it is a subscription service (which also provides free membership of the CIH's Good Practice Unit), the CIH believes that HouseMark could be a useful reference for the Committee.

For further information please contact:

Adele Burgham
Policy & Professional Practice Officer, Chartered Institute of Housing (CIH) in Northern Ireland, Carnmoney House, Edgewater Office Park, Dargan Road, Belfast BT3 9JQ

14 January 2002

Due to time and resource constraints the Law Centre is unable to provide its own submission to the inquiry. However, we work closely with Housing Rights Service and have had the opportunity to read their detailed submission to the inquiry. The Law Centre endorses Housing Rights Service's analysis and its recommendations. The submission is clear, coherent and cogent. We would add a number of short comments to the submission.

We take the view that a broad definition of homelessness is right in principle in that it more accurately reflects the reality on the ground and ensures that the full extent of the problem is realised.

With regard to the proposals for a statutory duty to produce a strategy for tackling homelessness we would go further and suggest that the Housing Executive should produce a short report each year on progress made with the strategy and any changes made to the document in the light of developing circumstances. The strategy document should, in effect, be a dynamic one that evolves in line with progress and developments in other areas of policy which affect homelessness.

The Law Centre and Housing Rights Service are reviewing recent caselaw in Britain on the impact of the Human Rights Act and Article 6 of the European Convention of Human Rights (the right to a fair trial - which covers both civil and criminal processes) and its effect on appeals against homelessness decisions made by housing authorities. In light of developments it is advisable that the Housing Executive introduce an independent and external dimension to its appeal procedures. A pro-active approach properly planned is infinitely preferable to having to react immediately to a legal challenge and we would recommend such an approach be adopted.

I hope these comments are helpful and I wish the committee well in its deliberations.

17 January 2002

Thank you for allowing me the opportunity to respond to your letter of 29 November 2001.

In the summer of 2001 a Senior Social Worker pulled together some data in relation to homelessness in the Northern Board. Her sources were Community Addiction Service staff, Homefirst and Causeway, Senior Social Workers in Mental Health Teams Homefirst, Northern Ireland Drug Misuse Database, Homefirst figures, Out of Hours Social Work Service, Probation Board for Northern Ireland.

From April 2000 to April 2001 the total number of identified clients with substance misuse and accommodation problems was 111. The breakdown in the following geographical areas was

Ballymena 50
Magherafelt/Cookstown 36
Antrim 14
Larne Carrickfergus 3
Coleraine 6

Reasons given in relation to the social circumstances and associated accommodation problem for the above 111 were as follows.

• substance misuse
• relationship breakdown
• family support withdrawal
• intimidation/paramilitary threats
• evicted by landlord
• flats being attacked/destroyed
• domestic violence
• trying to avoid drinking/drug abusing friends
• inability to live alone
• poor housing in private sector

A number of the above would also have dual diagnosis (a mental illness).

Currently there are difficulties for people with addiction problems in that a large number of establishments who provide accommodation do not accept people who are abusing drugs or alcohol.

There are difficulties in Northern Ireland in dealing with homelessness as agencies seem to work independently and also feel singularly that homelessness is not their problem.

There are ongoing issues for staff who work in hostels and the need for ongoing training to ensure that more than accommodation is provided.

Finally I would draw your attention to a report produced by Shelter on mental health and homelessness published in August 2000, www.shelter.org.uk.

MARY O'BOYLE
Social Work/Social Care Manager

29 January 2002

I refer to your letter dated 29th November 2001 and apologise for the delay in responding. Causeway Trust would comment as follows:

• There is a clear need for a better inter-agency approach to meeting the needs of homeless people. The Supporting People Initiative, due 2003 may go some way towards meeting this but there are serious concerns about the level of funding available and whether needs will be met.
• Current statistics held on homelessness are inaccurate. There is a clear need to find good methodology for assessing unmet need.
• Reliance on bed and breakfast accommodation as a means of temporary accommodation is seen as inappropriate due to limitations ie range of support.
• There is a limited range of accommodation available within Causeway area causing increasing pressures on the Out of Hours service.
• There is a lack of services for those with specialist needs. More emphasis needs to be placed on joint protocols with Housing Executive and Voluntary bodies and the need to develop a wider range of supported housing options for persons with a disability.
• Sex offenders and other offenders present particular challenges - there is a need to agree a joint strategic position.
• Consideration should be given to the appeal Causeway has to non-locals and the re-location policy of the Housing Executive to a "safe area" for those who have been intimidated. If Causeway locality is to be used in this way then this should be reflected in funding.

I hope you find the above comments useful.

W S TWEED
Chief Executive

January 2002

Disability Action welcomes this opportunity to respond to Phase Two of the Social Development Committee Inquiry into Housing in Northern Ireland.

Disability Action is the only pan-disability, rights-based, non-profit making organisation in Northern Ireland. Over 180 organisations are in membership, representing people with physical, hidden, learning, sensory, and mental health disabilities.

Disability Action campaigns, lobbies and acts as advocate for equal rights for people with disabilities. We provide a wide range of services from a network of 5 local offices, with 100 staff and 250 volunteers.

Disability Action feel that this review should take account of the findings of previous research projects, namely Gateways and Gatekeepers and the Housing Adaptations Review. Reference should also be made to the recent Homelessness Strategy and Services Review undertaken by the Northern Ireland Housing Executive.

Gateways and Gatekeepers was a collaborative research study undertaken by the Northern Ireland Council for the Homeless, the Northern Ireland Housing Executive and Disability Action. The project studied the availability and uptake of accessible hostel accommodation, and the experiences of disabled people in hostel accommodation, based on two areas namely Belfast and Derry.

In researching Gateways and Gatekeepers the research group was surprised that relatively few disabled people presented themselves as homeless. It is reasonable to expect that disabled people have the same experiences that result in homelessness as other non-disabled people and that therefore, given the percentage prevalence of disability, there should have been greater numbers presented.

Disability Action believes that there must be some reason why disabled people are not coming forward. We feel that this imbalance can be accounted to the following:

a. Disabled people's difficulties in finding accessible accommodation therefore fear of voluntarily leaving a family/ marital home, which is suited physically to their needs.

b. The use of a disabled person's benefits as contributory to the family's income, therefore the financial repercussions to the whole family of their leaving home.

c. The lack of accessible temporary accommodation and/or lack of information about the availability of the same.

Disabled people's experience of the housing adaptations process is another contributory factor in the decision of whether to leave home. Both housing adaptations and the disabled facilities grants schemes have traditionally been marred by long waiting lists. Therefore an applicant's previous experience of adapting unsuitable accommodation would not encourage a move into the unknown.

Disability Action strongly believe that the definition of homelessness should take account of those living in unsuitable accommodation, that is accommodation that does not suit their needs. Under the Housing Selection Scheme it should be possible for a person to be considered as homeless if their accommodation is not "reasonable". However Disability Action would like to clarify what factors are taken into account in the measure of what is reasonable. To what extent do people know about this? What role do social workers or others have in advocating on behalf of a disabled person living in these conditions?

Disability Action welcome the Northern Ireland Housing Executive "multiplier" scheme where Housing Associations are encouraged to design to a Lifetime Homes standard. Disability Action strongly believes that all future housing stock should be designed to a standard, which can be easily adapted to suit changed need. We also believe that the Executive have a role to play in encouraging private developers to design to the same standard, that is to encourage private developers not only to accept the current "visitable" standard but to design to a higher specification therefore increasing the available housing stock.

Finally Disability Action believes that the creation of a bed-register, as proposed in the recent Homelessness Strategy and Services Review, should include notes on the accessibility of accommodation so that social workers and others can be sure that the accommodation suggested for an individual will suit their needs. A staff-training programme should support this with training in disability awareness and equality.

Disability Action welcome this opportunity to contribute to the Social Development Committee Inquiry Phase 2: Homelessness. We trust this information will be of use.

January 2002

The Council for the Homeless Northern Ireland (CHNI) is an umbrella organisation representing all major agencies working with homeless people throughout Northern Ireland, and agencies that possess an interest in homelessness issues. CHNI was established in 1983 and has over 80 members.

• Representation of the interests of homeless people to Government and policy makers.
• Provision of direct services to homeless people in areas of youth education, and advice and provision of emergency accommodation information.
• Provision of a comprehensive training programme targeting service providers.
• Provision of members to network, engage in joint service planning and share resources.

CHNI welcome the investigation into homelessness established by the Social Development Committee as part of the more general inquiry into housing in Northern Ireland.

According to research, conducted by the Simon Community (a CHNI member), Northern Ireland has a higher incidence of homelessness than anywhere else in the United Kingdom. In 2000-2001 official statistics from the Northern Ireland Housing Executive (NIHE) showed an increase of 15.5% in households presenting themselves as homeless to the NIHE. There could be a whole range of factors that may contribute to this, including social disturbance, which accounts for 15% of all presenters to the NIHE. Cutbacks in the social house-building programme, together with changes to Housing Benefit regulations, which restrict the amount of Housing Benefit for people on low incomes moving into the private rented sector, suggest that the situation will not improve in the near future. Homelessness over the last five years has increased because of a wide range of social problems, structural reasons and a basic lack of sufficient affordable and accessible accommodation throughout Northern Ireland.

Single people make up the approximately 50% of homeless presentations in Northern Ireland. Without any children or dependents, single people do not attract sufficient points under the Housing Selection Scheme to be re-housed as a priority. As yet homelessness in itself is not sufficient proof of vulnerability to guarantee a place at the top of the waiting list and therefore single homeless people may wait for long periods before permanent accommodation becomes available. CHNI recommend that homelessness in itself warrant sufficient points to ensure prompt rehousing.

Figures form NIHE 2001

Youth homelessness in Northern Ireland has increased by 15% in the last four years. Northern Ireland has the highest rate of teenage pregnancy in Europe; levels of teenage parenthood are in the increase in the homeless population. The NIHE has acknowledged that the 16-25 age group may have specific identifiable needs, which require further investigation. Only approximately 25% of 16-25 year old presenting themselves to the NIHE will be accepted under current legislation as being homeless, meaning a further 75% will be eligible only for advice and assistance. The NIHE does not consider young homeless people as vulnerable on the basis of age alone. In order to qualify for emergency temporary accommodation and permanent housing, a young person must be deemed 'vulnerable' and in 'priority need'.

From October 1996, the maximum Housing Benefit payable to a single person under 25 is limited to the cost of a room in a shared house or a bedsit. Shared accommodation is not necessarily the most appropriate accommodation for every young person. Often houses of multiple accommodation are in poor condition, with minimal health and safety standards. The stress of shared living can push people with minor mental health conditions into serious mental illness (Housing Plus, 1997).

CHNI recommend that the Social Development Committee should take into consideration:

• The clear distinction between young homeless people and other members of the homeless of the population sometimes termed 'traditional' homeless.
• The difficulties in accommodating the needs of young homeless people particularly those under 18, in non-specialist generic hostels.
• High numbers of young homeless people come from a 'care' background. Estimates range between 20-40%. It is imperative that the DHSSPS investigate re-housing problems in the leaving and after-care sector.
• Young people are just as likely to have complex and multiple needs.
• Effective resettlement is very difficult.

Based on proposals made in research both in the UK and Northern Ireland, CHNI recommend:

• The priority need category in current legislation should be extended to include 16-18 year olds solely on the grounds of age.
• Benefits should be the same for all single people irrespective of age, and Housing Benefit Restrictions for under 25's should be removed.
• Provision of specially designed emergency and permanent accommodation for young homeless people.
• Regulation of the private rented sector.
• All Hostels should be resourced to provide single rooms.

The current legislative positions in England, Scotland and Wales show variation under the impact of devolution. In Wales priority groups have now been extended and this is being considered for England. In Scotland a homeless bill has been passed placing a duty on local authorities to draw up a strategy on homelessness, which will be aimed at preventing homelessness.

The fundamental structure of the legislation on homelessness is the same in England, Scotland, Wales and Northern Ireland, although the administrative arrangements are different in Northern Ireland due to the establishment of the NIHE.

In July 2001 the Scottish Parliament passed the Housing (Scotland) Bill. This Bill created a new and more radical legislative framework in Scotland for dealing with homelessness. It placed a statutory duty upon the local authority to produce a strategy on homelessness based on a review. This strategy has a twelve-month deadline.

There are three main implications of the Scottish Housing Bill:

• Duty is enforceable.
• Strategy on homelessness is focused on prevention.
• It establishes a minimum response as opposed to a maximum response.

The Scottish Task Force on Homelessness recognises that action is required 'not only in relation to housing policy, but also in wider policy areas, such as support for families, services to people leaving institutions and measures to tackle poverty'. Recommendations that the UK have made suggest that the approach to assessing need is one that involves the 'whole range of relevant agencies within the locality'.

Poverty, unemployment and lack of educational opportunities can keep people homeless. The Scottish report states that 'provision of housing information and advice has important part to play' and specification o advice services, especially those offered by agencies other than the local housing authority should be taken into account.

A new Westminster Homelessness Act is expected to be implemented in April 2002 and this Act will act as a legislative framework for dealing with homelessness in England and Wales.

In England draft regulations are out for consultation in the priority groups and these regulations propose to extend priority groups.

The Welsh Assembly has passed the Homeless Persons (Priority Need) (Wales) Order 2001. This Order extended the priority groups to include 16 and 17 year olds who are homeless or facing homelessness, 18-20 yr old care leavers, those facing or experiencing or in fear of domestic violence and those who are homeless since leaving the armed forces or since leaving prison.

Employment is also a key pathway out of homelessness. The Irish Strategy 'Homelessness- An Integrated Strategy' has recommended that their Employment Service appoint a person specifically to consider issues of homelessness in Dublin, and provide an assessment of skills and training needs. The Irish Government also plans to offer self-development courses with a focus to moving on training or work.

It is clear from current homelessness figures alone that legislators must make significant inroads to ensure accommodation is made available to homeless people who are vulnerable and in severe housing need. Prevention must be a primary focus of any future strategy. Whilst the terms of reference established by the Social Development Committee for the Inquiry into Homelessness do not include the nature of homelessness, nevertheless it is impossible to understand homelessness and therefore deal with the matter in an effective manner without thoroughly investigating the nature of the problem.