Second Report on the Inquiry into Housing in Northern Ireland (Homelessness)

SECOND REPORT ON THE INQUIRY 
INTO HOUSING IN NORTHERN IRELAND
(HOMELESSNESS)

SESSION 2001/2002 THIRD REPORT

COMMITTEE FOR SOCIAL DEVELOPMENT
VOLUME 1 – REPORT, MINUTES OF PROCEEDINGS AND
MINUTES OF EVIDENCE RELATING TO THE REPORT

1.         The Committee for Social Development is a Statutory Committee of the Northern Ireland Assembly, established in accordance with paragraphs 8 and 9 of Strand One of the Belfast Agreement and under Assembly Standing Order No 46.

2.         The Committee has a scrutiny, policy development and consultation role with respect to the Department for Social Development and has a role in the initiation of legislation.

3.         The Committee has power:

n     to consider and advise on Departmental budgets and Annual Plans in the context of the overall budget allocation;

n     to approve relevant secondary legislation and take the Committee Stage of relevant primary legislation;

n     to call for persons and papers;

n     to initiate inquiries and make reports

n     to consider and advise on matters brought to the Committee by the Minister for Social Development.

4.         The Committee was established on 29 November 1999 with 11 members including a Chairperson and Deputy Chairperson and a quorum of 5. The membership of the Committee is as follows-

n     Mr F Cobain (Chairman)

n     Mr G Kelly (Deputy Chairperson)*

n     Sir John Gorman

n     Mr T Hamilton (replaced Mr McClarty with effect from 6 February 2001)

n     Mr B Hutchinson

n     Ms M Gildernew

n     Mr D O’Connor

n     Mr E ONeill

n     Mr M Robinson

n     Mr J Tierney

n     Mr S Wilson

5.         All correspondence should be addressed to the Clerk to the Committee for Social Development, Room 419 Parliament Buildings, Stormont, Belfast BT4 3XX.

* Mr G Kelly replaced Ms M Gildernew as Deputy Chairperson with effect from 8 April 2002.

TABLE OF CONTENTS

Volume One

REPORT AND PROCEEDINGS OF THE COMMITTEE          

1.0 Introduction    
1.1 Background      
1.2 Terms of Reference         
1.3 Written and Oral Evidence           
1.4 The draft Housing Bill       
1.5 Reports by the Northern Ireland Housing Executive and the Comptroller 
and Auditor General for Northern Ireland 
1.6 Homelessness – a complex and growing problem           
2.0 Background      
2.1 The Legislative Position           
2.2 The Scale of Homelessness in Northern Ireland 
2.3 Comparisons with other Regions          
2.4 The Main Reasons for Homeless Applications in Northern Ireland 
2.5 The Profile of Homelessness in Northern Ireland 
3.0 The main areas considered by the Committee in the course of its Inquiry    
3.1 Housing Support Services           
3.2 Repeat Homeless         
3.3 The Common Selection Scheme           
3.4 Priority Needs  
3.5 The House Sales Scheme           
3.6 Young Homeless and Children Leaving Care    
3.7 Urban, Rural and Hidden Homeless         
3.8 Reliance on Bed & Breakfast facilities           
3.9 Proposed Housing (Support Services) Bill    
4.0 Recommendations 
4.1 Definition of Homelessness and Priority Needs 
4.2 A Clear and Cohesive Strategy and Action Plan   
4.3 Inter-Agency Co-operation and Training         
4.4 Information Systems         
4.5 Out of Hours Service         
4.6 Appeals System         
4.7 Preventative Measures        
4.8 Social Housing Provision       
5.0 Conclusions and Acknowledgements    

Northern Ireland Assembly Research & Library Services 
– Homelessness in Northern Ireland Research Paper 
         

Minutes of Proceedings relating to the Report

Minutes of Evidence relating to the Report 
Part A - Tuesday 5 February 2002 - Thursday 14 February 2002
Part B - Tuesday 19 February 2002 - Thursday 12 March 2002

List of witnesses who gave oral evidence   

Glossary   

Volume Two

Written Submissions Relating to the Report

Report

1.0           INTRODUCTION1.1           Background

The Committee for Social Development (hereinafter referred to as the Committee) agreed, in March 2001, to conduct an Inquiry into housing related matters in three phases. The Committee published its First Report in November 2001. That Report covered four main issues, namely

n     Private Sector Renewal

n     Houses in Multiple Occupation and Regulation of the Private Rented Sector

n     Large Scale Voluntary Transfers

n     Housing Association Tenants – Right to Buy

The Committee’s First Report into housing related matters was the subject of a positive and constructive debate in the Northern Ireland Assembly on 12 November 2001. Following that debate, the Committee immediately turned its attention to phase two of its Inquiry.1.2       Terms of Reference

The original terms of reference for the second phase of the Inquiry were as follows:

“To investigate the issue of homelessness in relation to the potential impact of the proposed Housing Bill, and to produce a report.”

A revised terms of reference was subsequently agreed by the Committee, on 8 November 2001, as follows:

“To investigate the extent of Homelessness in Northern Ireland, to examine current arrangements in Northern Ireland for dealing with homelessness, to conduct comparisons with England, Scotland, Wales and the Republic of Ireland, to identify models of good practice, and produce a report.”1.3       Written and Oral Evidence

The Committee is grateful to everyone who took the time to make written and oral submissions on the subject of “Homelessness”. As was the case with the Committee’s First Report, the written and oral submissions, which are re-produced elsewhere in this document, have had a significant bearing on the recommendations contained in this, the Committee’s Second Report into housing related matters. Once again, the recommendations contained in this Report are made on the premise that there should be local solutions to local problems. However, in the search for models of good practice, a contextual account of what is happening in Great Britain and the Republic of Ireland is also provided.1.4       The draft Housing Bill

Ordinarily, and following publication of the Second Report, it had been the Committee’s intention to proceed to conduct the third phase of its Inquiry in which it would deal with the subject of Anti-Social Behaviour. However, the Committee has since decided that, with the introduction of the Housing Bill into the Northern Ireland Assembly now apparently imminent, its immediate priority is to ensure the effective scrutiny of the proposed legislation. In reaching this decision the Committee was conscious that the draft legislation, which was published for consultation on 1 March 2001, includes provisions relating to Anti-Social Behaviour and thus the opportunity to examine this important issue will not be lost entirely.

1.5       Reports by the Northern Ireland Housing Executive and the Comptroller and Auditor General for Northern Ireland

In the course of its deliberations into Homelessness, the Committee was acutely aware that the Northern Ireland Housing Executive (NIHE) had undertaken a Review of its Homelessness Strategy and Services and published a summary report for public consultation. The Committee understands that the NIHE intends to publish a further report in due course. The Committee was also conscious that, during the course of its Inquiry, a Report by the Comptroller and Auditor General for Northern Ireland “Housing the Homeless” was published on 19 March 2002. The Comptroller’s Report currently stands referred to the Northern Ireland Assembly’s Public Accounts Committee. The Committee for Social Development intends to keep the issue of Homelessness under constant review and will pay particular attention to the NIHE Report and any recommendations which may emerge from the Public Accounts Committee’s deliberations.1.6           Homelessness – a complex and growing problem

In publishing this Report, the Committee commends the public, voluntary and community sector organisations including the Northern Ireland Housing Executive and the Health and Social Services Boards for their past diligence and commitment to what is an extremely vulnerable and needy group in our society. However, and as this Report shows, homelessness is a complex and growing problem.

It is the Committee’s view that the public, private and voluntary and community sectors have a moral duty of responsibility to re-double their efforts to provide proper levels of support and assistance in order to meet the needs of those who are without a home.

2.0           BACKGROUND2.1       The Legislative Position

The legislation governing homelessness in Northern Ireland is contained in the Housing (Northern Ireland) Order 1988 [i] (the Housing Order) which came into force in April 1989.

In essence, the Housing (Northern Ireland) Order 1988 places a statutory duty on the NIHE to provide temporary and/or permanent accommodation for certain groups of homeless persons, depending on an assessment of each person’s case. In general, the legislation will potentially assist persons who are homeless or threatened with homelessness. Priority status can be granted to a person who can prove homelessness/threatened homelessness [article 3] and who falls within the list of persons defined as having a priority need in the Housing Order [article 5] and who became homeless through no fault of their own (unintentionally) [article 6]. Those who satisfy the three tests of

n     homelessness;

n     priority need; and

n     intentionality

are considered to have Full Duty Application status. The criteria attached to these three tests are set out in more detail in a paper prepared by the Northern Ireland Assembly’s Research and Library Service and which is re-produced in this Report.

At the time of writing this Report, the Committee awaited final details of the provisions to be contained in the proposed Housing Bill, due to be introduced to the Northern Ireland Assembly by the Minister for Social Development.2.2       The Scale of Homelessness in Northern Ireland

The number of households* presenting as homeless in Northern Ireland has increased by 26% - from 10,081 to 12,694 - over the last 10 years (see Figure 1 [ii] *

        See Glossary.

).

The Committee acknowledges that at least part of this increase is due to the new Housing Selection Scheme, which automatically triggers a homelessness assessment if certain criteria are met in housing applications. However, the Committee is gravely concerned at this trend which shows no sign of abatement.

The number of households deemed by the Northern Ireland Housing Executive to have met the legislative criteria for priority status has increased by 55% (from 4,158 to 6,457) over the last 10 years. The proportion of applications accepted has increased from 41% to 51% over the same period.

           Figure 1. Homelessness Applications & Acceptances: 1991/92 - 2000/01

 

The proportion of those presenting as homeless deemed to be ‘intentionally homeless’ has declined from around a third 10 years ago to just over a quarter in recent years. The numbers of ‘intentionally homeless’ have remained fairly constant over the last 10 years with a total of 3,449 for 2000/01. The number of households presenting as homeless in Northern Ireland has increased by 26% (from 10,081 to 12,694) over the last 10 years.

 2.3           Comparisons with other Regions

Northern Ireland has a higher proportion of households presenting as homeless than other UK regions (see Figure 2). A greater proportion of these are also accepted as homeless by the Northern Ireland Housing Executive (51%) than by local authorities in England, Scotland and Wales (43%, 45% and 32% respectively). Unfortunately, no comparable statistics are available for the Republic of Ireland.
           Figure 2. Percentage of Households Presenting as Homeless by UK Region (2000/01)

 

2.4       The Main Reasons for Homeless Applications in Northern Ireland

An analysis of the main reasons given by those presenting as homeless shows six main causes. These are:

n     Disputes with Family/Neighbour

n     Relationship Breakdown

n     Loss of Accommodation

n     Absence of Accommodation

n     Intimidation

n     Domestic Violence.

Disputes with family members or neighbours is revealed as the main cause of homelessness. Intimidation is identified as the principal reason for yearly fluctuations. The associated statistics are examined in more detail in the paper prepared by the Northern Ireland Assembly’s Research and Library Service and which is re-produced in this Report.

Much of the evidence submitted to the Committee’s Inquiry confirmed that a wide range of social problems, combined with the lack of sufficient, affordable and accessible accommodation in certain areas, was the underlying cause for the higher incidence of homelessness in Northern Ireland when compared with Great Britain.2.5       The Profile of Homelessness in Northern Ireland

The profile of those presenting as homeless in Northern Ireland (see Figure 3 and 3a) reveals that, in 2000/2001

n     almost half of all applications came from single people (approximately two-thirds of whom were male)

n     families accounted for 41% of all those presenting as homeless in 2000/01

n     around 15% of those presenting as homeless originated from various types of institutional accommodation such as prison, hospital or care.

 

           Figure 3a

Breakdown of Presenters

Number

Single males 16-25 yrs

1,422

Single males 26-59 yrs

2,671

Single females 16-25 yrs

1,201

Single females 26-59 yrs

867

Couples under 60 yrs

651

Families

5,170

Pensioner Household

712

Total

12,694

In a study undertaken by the Simon Community and the Health & Social Services Council, 20% of single homeless people regarded themselves as being in poor health; 27% had problems associated with alcohol; 12% reported drug dependency; and 47% reported a long-term health problem including chronic conditions such as asthma and manic depression.

The vast majority (97%) of those presenting to the Northern Ireland Housing Executive as homeless originate from Northern Ireland. In 2000/01, a total of 321 of those presenting as homeless were from outside Northern Ireland (172 from GB; 63 from ROI; 17 from other countries within the European Union; and 69 from outside the EU). The majority of asylum seekers are not administered under the homelessness legislation and are dealt with through the Home Office.

3.0       Main areas considered by the Committee in the course of its Inquiry

The body of written and oral evidence led the Committee to examine a number of main areas; these are outlined immediately below.

The Committee’s recommendations appear in the next section of this Report.3.1       Housing Support Services

The overwhelming message that emerged during the course of the Inquiry highlighted the fact that homelessness is not simply about providing a place to live. It was evident that the provision of a range of support services is critical in meeting the complex needs of individuals whose personal circumstances may differ and who may find themselves homeless for a variety of different reasons (see also 3.2 below).3.2       Repeat Homeless

The absence of reliable data on ‘repeat homelessness’ was regarded by some witnesses as evidence of an inherent weakness in the successful development of any strategy aimed at reducing and preventing homelessness.

A number of organisations suggested that the unavailability of support services contributed to the cycle of homelessness.3.3       The Common Selection Scheme

The Committee was impressed by evidence, presented by a number of organisations, which pointed to deficiencies in the application system, and which revealed a need for a clear definition of ‘homelessness’.

It was apparent from the evidence presented to the Committee that, whilst it is necessary to have adequate and effective arrangements for handling substantial numbers of applications, the existing Housing Selection Scheme may disadvantage at least some of those genuinely presenting as homeless.3.4       Priority Needs

The Committee acknowledges that there is a major difficulty in making objective determinations about priority needs; this relates, in particular, to those who may have presented themselves as homeless, intentionally. The Committee accepts that some form of administrative arrangements should continue to be employed in order to determine need.3.5       The House Sales Scheme

The Committee supports the principles behind the House Sales Scheme. However, representations made to the Committee suggested that the continued disposal of social housing limits the opportunities to address the long-term needs of the homeless.3.6       Young Homeless and Children Leaving Care

Much of the evidence presented to the Committee identified the increasing numbers of young people presenting as homeless. The Committee is deeply concerned at this trend, which, for example, has seen youth homelessness increase by 15% in the last 4 years.

Particular concern was expressed that, under existing arrangements, young people aged 16 – 21 years, who leave care, are not specifically identified as a priority group.

Evidence was also presented which suggested that the current provisions for 16 and 17 year olds lacked clarity.

Voluntary organisations confirmed that increasing numbers of young homeless were turning to the voluntary sector for both accommodation and support.3.7       Urban, Rural and Hidden Homeless

Whilst the majority of those presenting as homeless come to the attention of the authorities or the voluntary sector in urban environments, some organisations indicated that evidence was emerging to suggest that homelessness is extensive and on the increase in rural communities.

The limited availability of social housing in rural areas was cited as a possible underlying cause for increasing levels of homelessness in rural areas.

Some evidence was also presented to suggest that the true extent of homelessness, in all areas – both in urban and rural settings - is concealed by the willingness of extended families and friends to offer temporary and medium-term accommodation to those in need.3.8           Reliance on Bed & Breakfast facilities

It is clear from representations made to the Committee that an excessive reliance on Bed and Breakfast facilities is wholly unsatisfactory. Nevertheless, the Committee recognises that, through sheer pressure of numbers, and over a period of time, it has been necessary to use Bed and Breakfast facilities to meet short-term accommodation needs.3.9           Proposed Housing (Support Services) Bill

A number of organisations, which submitted evidence to the Committee, expressed concern about the financial implications of the legislative proposals contained in “Towards Supporting People”. The Committee shares those concerns and will continue to explore with the Minister responsible, how the required financial provision for support services might be guaranteed.

At the time of writing this Report, the Committee understood that the proposed introduction of this legislation to the Northern Ireland Assembly, was imminent.

4.0           Recommendations

The recommendations of the Committee for Social Development are recorded immediately below.4.1           Definition of Homelessness and Priority Needs

The Committee fully supports the calls for clarification of the definition of homelessness.

RECOMMENDATION 1

The Committee strongly recommends that the Minister for Social Development should adopt a revised definition of homelessness for inclusion in proposed housing legislation.

RECOMMENDATION 2

The Committee recommends that homelessness should be regarded as ‘the absence of a safe and accessible place to stay’.

The Committee further recommends that, in developing a revised definition of homelessness, consideration should be given to including

n     those living in hostels and temporary accommodation (provided by statutory agencies or recognised voluntary sector organisations),

n     those living in derelict, overcrowded * or unfit housing,

n     those living under threat of domestic violence, in fear of intimidation or eviction, or on un-serviced or illegal travellers’ sites, and

n     those living with friends or families and whose circumstances are officially recognised by a statutory agency (other than the Northern Ireland Housing Executive) as being housing related.

By way of illustration, the Committee draws to the attention of the Minister for Social Development the definition of homelessness currently in force in Scotland.

Section 24 of the Housing (Scotland) Act 1987, amended by the Housing (Scotland) Act 2001, defines homelessness as follows:

n     A person is homeless if he/she has no accommodation in the UK or elsewhere. A person is also homeless if he/she has accommodation but cannot occupy it, for example because of a threat of violence.

n     A person is potentially homeless (i.e. threatened with homelessness) if it is likely that he/she will become homeless within 2 months.

n     A person is intentionally homeless if he/she deliberately did or failed to do anything that led to the loss of accommodation that it was reasonable for him/her to continue to occupy.

[Source: Council for the Homeless, Scotland http://www.scsh.co.uk/facts.htm]

The Committee acknowledges the need to determine and prioritise need.

The Committee noted evidence which identified 18-25 year old males as amongst the largest group of homeless and the most likely to be long term or repeat homeless.

The Committee has reservations about automatically extending the priority need* category to include, for example, all 16-18 year olds.

The Committee considers that it may not be appropriate to automatically guarantee priority status to young people aged between 16 and 21 years.

RECOMMENDATION 3

The Committee strongly recommends that the Northern Ireland Housing Executive should consult with partner organisations in order to develop procedures which provide for prompt, professional input from relevant interests, by way of a ‘case conferencing system’, so as to ensure an urgent objective assessment of an individual’s status.

RECOMMENDATION 4

The Committee recommends that, whilst the rights of individuals must be respected, this must not be at the expense of contributing to the breakdown of the family as a stable and caring unit.

RECOMMENDATION 5

The Committee further recommends that the Northern Ireland Housing Executive should establish a specific, customised approach in assessing priority needs and dealing with young people presenting as homeless.

RECOMMENDATION 6

The Committee also recommends that the individual needs of children leaving care must be carefully examined before making a final determination on priority status.

The Committee also draws to the attention of the Northern Ireland Assembly, and its Executive, the need to ensure that the provisions contained in the Children Leaving Care Bill and any legislative proposals relating to housing and homelessness are compatible and beneficial to these vulnerable young people.

RECOMMENDATION 7

In the light of the prevalence of young males aged between 18 and 25 years presenting as homeless, the Committee recommends that the Northern Ireland Housing Executive develop a referral service, to other partner organisations, for those who are deemed to be homeless but who fail to secure priority need* status.

RECOMMENDATION 8

The Committee recommends that the Northern Ireland Housing Executive should, in the case of those leaving care or other institutions (such as Young Offenders’ Centres or prisons), make special arrangements to undertake assessments of housing need and support and that such assessments should be made prior to release.

4.2       A Clear and Cohesive Strategy and Action Plan

The Committee noted calls for a review of the strategy for tackling and preventing homelessness.

The Committee noted evidence, for example, which suggested that Bed & Breakfast facilities were the least cost effective means of providing temporary accommodation. The Committee concluded that there was a need for a re-assessment of the extent of homelessness and for the development of a clear and cohesive strategy and action plan which will lead to a more stable and supportive living environment for those who find themselves homeless in our society.

RECOMMENDATION 9

The Committee recommends that an integrated inter-Departmental and inter-agency approach to homelessness is developed, led and managed by the Northern Ireland Housing Executive and that work on this should begin immediately.

RECOMMENDATION 10

The Committee further recommends that, in developing a new strategy and action plan, which should define the roles and responsibilities of each of the partner organisations, the Housing Executive should engage directly with all those organisations which are presently providing services and meeting the needs of the homeless, whether they be in the public, private or voluntary sectors.

The Committee calls on these partner organisations to consider how best to pool resources and rationalise their existing working arrangements in order to provide and operate a Homeless Service which will meet the particular needs of those they aim to serve.

RECOMMENDATION 11

The Committee recommends that the new strategy and action plan should include proposals for a common ‘Code of Practice’ for the Northern Ireland Housing Executive and those partner organisations dealing with the homeless.

4.3       Inter-Agency Co-operation and Training

The Northern Ireland Assembly’s Programme for Government espouses ‘joined-up government’. The Programme for Government also acknowledges the need to address ‘homelessness’.

It is the Committee’s view that the objective of developing a new approach to address homelessness must be to meet the particular needs of all those who are genuinely homeless, therefore bringing about a dramatic and sustained reduction in the numbers presenting as homeless. It must also take sufficient steps to prevent homelessness.

The Committee commends the “Homeless Preventative Strategy” which deals with the prevention of homelessness amongst patients leaving hospital and mental health care, adult prisoners and young offenders leaving custody and young people leaving care - (published in February 2002 by the Republic of Ireland’s Departments of Health & Children, Education & Science, Justice, Equality & Law Reform and Housing & Urban Renewal) and suggests that this Report demonstrates that homelessness is, clearly, a cross-governmental issue.

RECOMMENDATION 12

The Committee recommends that the development of a new approach to addressing homelessness should be regarded, by the Northern Ireland Assembly, as an absolute necessity and an urgent priority, especially in light of initiatives such as Promoting Social Inclusion and New Targeting Social Need.

RECOMMENDATION 13

The Committee recommends that the Northern Ireland Housing Executive, and the partner organisations, should pursue the adoption of the highest possible training standards for those individuals dealing with the homeless.

4.4           Information Systems

The Committee noted calls for the sharing of information.

An inter-Departmental and inter-agency approach is advocated elsewhere in this Report. The Committee considers that information sharing between the Northern Ireland Housing Executive and partner organisations is a fundamental prerequisite to give effect to the proposed arrangements for such a ‘joined-up’ approach.

RECOMMENDATION 14

The Committee recommends that such information sharing between the Northern Ireland Housing Executive and the partner organisations should become standard practice, but without breaching legal obligations.

The Committee considers that such an approach would, for example, help identify trends and track the levels of repeat homelessness.

RECOMMENDATION 15

The Committee recommends detailed recording of case histories.

The Committee considers this would allow for an analysis of the factors which contribute to cases of repeat homelessness and would, therefore, represent an opportunity to review individual decisions in order to secure the most appropriate solutions and enable adjustments to be made in relation to policy in this area.4.5       Out of Hours Services

The Committee recognises that some of those presenting as homeless, especially out of hours, may prefer to have initial contact with agencies or organisations other than the Northern Ireland Housing Executive. However the Committee recognises the virtue of having a ‘lead organisation’.

RECOMMENDATION 16

The Committee recommends that the Northern Ireland Housing Executive should assume the primary responsibility for co-ordinating Out of Hours Services, in association with partner organisations.

It is the Committee’s view that the development of systems (referred to at 4.4 above), in the context of an integrated inter-agency approach, should enhance the Northern Ireland Housing Executive’s ability to respond promptly and objectively to cases of homelessness which occur outside normal office hours, taking advice from partner organisations as appropriate and through the use of the case conferencing system advocated elsewhere in this Report.4.6       Appeals System

The Committee recognises the need for a robust and objective appeals system.

RECOMMENDATION 17

The Committee recommends the development of a simple, speedy and effective independent appeals system as part of the new strategy and action plan.

4.7           Preventative Measures

The Committee concurs with those organisations which expressed concern about the absence of a preventative strategy for homelessness.

RECOMMENDATION 18

The Committee strongly recommends that the strategy and action plan should contain measures and targets to progressively reduce the levels of homelessness.

RECOMMENDATION 19

The Committee recommends that all those classified as homeless should have access to a programme of training in lifeskills, including personal and health care, home economics and financial management.

RECOMMENDATION 20

The Committee further recommends that an information and education campaign is prepared, in association with the partner organisations and educational institutions, with the aim of increasing awareness about homelessness..

The Committee considers there may be a need for further research into the particular causes of homelessness in order to develop a comprehensive preventative strategy.4.8       Social Housing Provision

The Committee acknowledges and supports the calls for a sustained building programme of socially affordable housing.

RECOMMENDATION 21

The Committee recommends that the Minister for Social Development urgently review the policy and practice of providing ‘new-build’ social housing in order to ensure that sufficient social housing stock is both accessible and affordable throughout Northern Ireland.

RECOMMENDATION 22

The Committee also recommends the provision of specialised, transitional, supported housing units to meet local needs in, for example, rural areas, and the needs of young people and those leaving care or other institutions.

The Committee considers that the ‘foyer’ model is an example which has proved effective and may be worth replicating to meet increasing demands for supported housing. The Committee regards small (4 or 5 person) units as an ideal and manageable option.

RECOMMENDATION 23

The Committee recommends that adequate financial resources should be provided to support its recommendations and that transfers of responsibility should be matched by a transfer of resources.

5.           Conclusions and Acknowledgements

It is the Committee’s view that Homelessness is a serious social and economic issue and one which must be accorded the highest possible priority. The Committee considers that it reflects poorly on our society that, for a variety of reasons, the numbers presenting as homeless continues to increase. It is the Committee’s intention to ensure that Homelessness is given a much higher profile and a sharper focus within the political context.

The Committee calls on the Executive to demonstrate political leadership and direction in promoting a ‘joined-up’ approach to dealing with, and committing resources to, the issue of homelessness.

The Committee also considers that prevention should be paramount in developing the new strategy for dealing with homelessness but that the plight of those presently experiencing homelessness, and who are vulnerable and in severe housing need, should not be overlooked.

It is evident, from the submissions which the Committee received during the course of its Inquiry, that there is a vast amount of experience, expertise, goodwill and commitment in the public and voluntary sectors and a desire to tackle the complex problems associated with homelessness.

The Committee is grateful to everyone who participated in this Inquiry and was greatly impressed with the various specific and general recommendations about improvements to services, and meeting needs, which were put forward by a range of organisations. These recommendations may be examined in detail by referencing those sections in this Report relating to “Written Submissions” and “Minutes of Evidence”.

The Committee commends all the recommendations put forward by those who gave evidence and urges the Northern Ireland Housing Executive, in undertaking the preparation of a new strategy and associated action plan, to consider these carefully before finalising its strategy.

[i]   Housing (Northern Ireland) Order 1988 (N.I. 23).

 

[ii] All statistics in this Report are taken from NIHE Homelessness Strategy & Services Review, unless otherwise indicated.

NORTHERN IRELAND ASSEMBLY
RESEARCH & LIBRARY SERVICES

HOMELESSNESS IN NORTHERN IRELAND
RESEARCH PAPER

Homelessness in Northern Ireland Research Paper

Research Paper

Homelessness in Northern Ireland

This paper presents an overview of the legislation currently governing homelessness in Northern Ireland, other parts of the UK and the Republic of Ireland, reviews current provisions for homeless people in Northern Ireland and gives consideration to the proposed changes contained in the forthcoming Housing Bill.

The issues relating to homelessness are grouped under three main themes - Legal Social, and Financial. The Legal dimension compares the provisions outlined in the proposed Housing Bill with legislation elsewhere in the UK and considers the likely impact of the proposed changes in terms of Equality, New Targeting Social Need and Promoting Social Inclusion. The Social dimension reviews the current arrangements for homeless people in Northern Ireland, and provides some commentary regarding the possible impact of the proposed changes for the Northern Ireland Housing Executive (NIHE) and homeless persons. The Financial dimension explores the potential financial impact of the new regulations and the manner in which support for homeless people is funded.

THE LEGAL DIMENSION

This section outlines the main legal provisions currently in force in Northern Ireland concerning homelessness and the proposals (currently at pre-bill consultation phase) to change the legislation. It also provides an outline of the key differences which exist in homelessness legislation in Scotland, England and Wales and the Republic of Ireland when compared to Northern Ireland legislation. The position of homeless persons who are subject to immigration control in Great Britain and in the Republic of Ireland is also examined.

Northern Ireland - the Current Legal Position

The legislation governing homelessness in Northern Ireland is contained in the Housing (Northern Ireland) Order 1988 [iii] (the Housing Order) which came into force in April 1989. The relevant provisions are contained in Part II [articles 3 -17] of the Housing Order and are outlined below:

n     Main definitions [articles 3 - 6];

n     Duties of the Northern Ireland Housing Executive (NIHE) [articles 7 - 14];

n     Assistance for voluntary organisations [article 15];

n     Hostel accommodation for persons in need [article 16];

n     Supplemental (false statements, withholding information and failure to disclose change of circumstances) [article 17].

The homelessness provisions of Part II [articles 3 - 17] of the Housing Order are enclosed at Annex 1.

In summary, the Housing Order places a statutory duty on the NIHE to provide temporary and/or permanent accommodation for certain groups of homeless persons, depending on an assessment of each person's case. In general, the legislation will potentially assist persons who are homeless or threatened with homelessness. Priority status can be granted to a person who can prove homelessness/threatened homelessness [article 3] and who falls within the list of persons defined as having a priority need in the Housing Order [article 5] and who became homeless through no fault of their own (unintentionally) [article 6]. Those who satisfy the three tests of

n     homelessness;

n     priority need; and

n     intentionality

are considered to have Full Duty Application status. Each of the three criteria and the outcome of inquiries are considered in more detail below.

Homeless or threatened with homelessness? [article 3]

A person is homeless in any of the following circumstances:

n     he has no accommodation in Northern Ireland;

n     he and his family have no legal rights to occupy any property in Northern Ireland (ie by owning, renting or having permission to live there) or he has an interest in a property but is unable to use it (i.e. a tenancy agreement which restricts the number of residents, thereby prohibiting the interested party from residing there with family);

n     it would be unreasonable for the person to continue to reside in their current accommodation (potential reasons include disrepair, overcrowding and intimidation);

n     he cannot secure entry to the current accommodation (this may be due to an illegal eviction);

n     it is probable that occupation of the current accommodation will lead to violence from another resident or threats which are likely to be carried out from another resident;

n     he lives in accommodation which is a movable structure, vehicle or vessel (potentially a caravan or a boat) but has no place with entitlement or permission to place it and reside in it (i.e. parking and mooring facilities are unavailable);

n     he is threatened with homelessness, i.e. it is likely that he will become homeless within 28 days (the period starts to run from the day that the NIHE receives written notice of homelessness; i.e. court order, notice to quit).

This list encompasses three different types of homeless situation -

n      actual homelessness;

n     deemed homeless (for example, the person has accommodation but it would not be reasonable to expect them to continue to live in it);

n     threatened homelessness (for example, the person is not homeless at present but is likely to be actually homeless within the next 28 days as a result of a court order);

If the NIHE has reason to believe that a person may be homeless and have a priority need they must provide temporary accommodation while continuing their inquiries relating to that person [article 8].

The homelessness position with regard to persons who are subject to immigration control is dealt with below.

Priority need? [article 5]

A person will have a priority need for accommodation in the following circumstances:

n     a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside (this includes a husband, a co-habitee and potentially any person who might otherwise be reasonably expected to reside with the pregnant woman ie a male partner who is not the father of the child);

n     a person with whom dependant children reside or might reasonably be expected to reside (this may include children being released from care taking into account when they will be released and children who reside with a parent in a joint custody basis depending on the circumstances);

n     a person, or someone who lives with or might reasonably be expected to live with the person, is vulnerable due to old age, mental illness, disability or any other special reason (vulnerability will be examined in terms of finding and keeping accommodation and dependency while homeless; old age is defined as persons over 60 years of age);

n     a person is homeless or threatened homeless as a result of an emergency such as a flood, fire or other disaster;

n     a person without dependant children who satisfies the NIHE that he has been subject to violence and is at risk of violent pursuit, or in the event of returning home is at risk of further violence (this would include victims of intimidation and domestic violence);

n     a young person (aged between 16 and 21) who is at risk of financial or sexual exploitation.

If the NIHE finds that a person is homeless and has a priority need they must provide temporary accommodation for the person while assessing whether they are intentionally homeless or not. The NIHE also has a duty at this time to provide the homeless person with advice and assistance to assist them in finding accommodation. If the finding is that a person is homeless but does not have a priority need the NIHE's remaining duty is to provide them with written notification of the decision and reasons for it as well as advice and assistance to obtain accommodation.

Intentionally homeless? [article 6]

A homeless person with a priority need for accommodation must pass the intentionality test in order to obtain accommodation on a permanent (or temporary indefinite) basis.

Article 6 (1) states that:

"a person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation, whether in Northern Ireland or elsewhere, which is available for his occupation and which it would have been reasonable for him to continue to occupy".

A person shall be considered to have become homeless intentionally (or threatened homeless intentionally [article 6 (2)]) if the act or omission carried out is deliberate and directly results in the homelessness or threatened homelessness. An example is wilfully failing to pay rent or a mortgage or failing to take up an offer of accommodation. The accommodation must have been available for the homeless person and their family and they must currently have vacated the property or are under threat of homelessness despite the fact that it would be reasonable for them to remain in the accommodation.

If the NIHE finds that a person is homeless, has a priority need and is not intentionally homeless it must secure suitable accommodation for that person. This may include permanent accommodation or temporary accommodation provided on an indefinite basis. In the case of threatened homelessness the NIHE's duty is to ensure that accommodation is retained. If the finding is that the person is homeless, has a priority need and is intentionally homeless, the NIHE must provide temporary accommodation for a reasonable period to enable them to find alternative permanent accommodation, provide advice and assistance on finding accommodation, arrange to store personal possessions if required and arrange transport to temporary accommodation if necessary.

Notification of Decision and Reasons [article 9]

When the NIHE has completed its inquiries it shall notify the applicant of its decision. If the finding is a failure to satisfy any of the three criteria reasons for the decision shall be given. Decisions and reasons shall be in writing.

Appeals [iv]

If the applicant is not satisfied with any aspect of the NIHE's decision he may appeal. The NIHE has an internal appeal mechanism which entitles the applicant to a first appeal to the appropriate district, grants or area manager. If the applicant is still dissatisfied a second appeal can be made to the Chief Executive.

Once the internal appeals mechanism has been exhausted a challenge may be made to the NIHE's decision by way of judicial review. An application for judicial review must be made promptly, having exhausted the internal appeals system, and at the latest within three months of the NIHE's decision unless there are exceptional circumstances which justify the delay. Applicants must therefore act promptly in commencing proceedings of judicial review and ensure that there is no delay. The three month period referred to above should not be regarded as a time limit. An applicant must have grounds for a judicial review and examples of challenges to a decision include: -

n     relevant factors were not taken into account, or irrelevant factors were taken into account, in making the decision;

n     the decision was contrary to the law;

n     the decision was taken in bad faith or dishonestly;

n     the procedures were biased or applied unfairly;

n     the NIHE acted contrary to the rules of natural justice.

A judicial review is concerned mainly with the procedures adopted by a public body in carrying out its duties and the application of those procedures to the decisions of the public body.

If the applicant believes that maladministration has occurred in the decision making process a complaint can be made to the Ombudsman (also known as the Commissioner for Complaints) within one year of a decision. Examples of maladministration may include incompetence, unfairness, discrimination and delay. The Ombudsman cannot consider a complaint if legal action, including a judicial review, is pending or in progress. In addition, any internal complaints mechanism should normally be exhausted prior to making a complaint.

Assistance for Voluntary Organisations [article 15]

The housing order makes provision, under article 15, for the NIHE to have discretion to provide voluntary organisations concerned with homelessness, or related matters, with assistance by way of grant or loan.

Housing Selection Scheme

In addition to the legislation there is a housing selection scheme approved by the Department for Social Development which has been in effect from 01 November 2000. Participants in the scheme include the NIHE and registered housing associations. Applicants to the scheme are assessed and awarded points under four criteria: intimidation; insecurity of tenure; housing conditions; and health/social well being assessment. The total points an applicant receives determines their place on the common waiting list.

Comparison with legislation in Great Britain and the Republic of Ireland

A similar approach is evident in the legislation on homelessness in England, Scotland, Wales and Northern Ireland characterised by inquiries into whether the person is homeless or threatened with homelessness, whether they have a priority need as defined in the legislation and whether or not they became intentionally homeless.

In the Republic of Ireland, however, a more widely defined definition of homelessness is adopted under the legislation. The local authority has power to deal with homeless persons but is not under a statutory duty to do so.

There are a number of key differences between the jurisdictions which are outlined below.

           Housing (Scotland) Act 2001 / Housing (Scotland) Act 1987

n     There is a statutory duty on local authorities, when required to do so by the Scottish Ministers, to carry out an assessment of homelessness in their area and to prepare a strategy to prevent and alleviate homelessness.

n     The local authority has a statutory duty to ensure that advice and information about homelessness is available free of charge to anyone in the authority's area.

n     The definition of homelessness in the Scottish legislation is that a person is homeless if he has no accommodation in the United Kingdom or elsewhere. This is the same as the definition which applies in England and Wales. In Northern Ireland, a person is currently defined as homeless if they have no accommodation in Northern Ireland.

n     The period during which a person may be potentially threatened with homelessness is two months under the Scottish legislation. It is 28 days under the housing order in Northern Ireland.

n     The definition of priority need in the Housing (Scotland) Act 1987 does not contain two specific groups which are included in the Housing (Northern Ireland) Order 1988 - namely those without dependent children at risk of domestic violence and young persons at risk of sexual or financial exploitation.

n     If the local authority has reason to believe that a person may be homeless or threatened with homelessness it may, if it thinks fit, inquire as to whether the person has a local connection with the district of another local authority in Scotland, England and Wales. In certain circumstances they may refer the application to another local authority. Similar provisions do not exist under Northern Ireland legislation.

n     The notifying authority must, under Scottish legislation, notify the applicant of his right to a review of their decision.

n     There is a duty on local authorities to ensure that accommodation is available to applicants who are assessed as homeless pending the results of full inquiries or if there is a statutory review of a decision underway.

n     Registered social landlords have a duty to provide accommodation for homeless persons when requested to do so by a local authority.

n     Local Authorities must prepare and submit to Scottish ministers, when required, proposals for maintaining a list of applicants for housing.

Housing Act 1996 / DRAFT homelessness bill (England and Wales)

This section includes, where appropriate, commentary on proposed legislation contained in the homelessness bill which is currently passing through Parliament.

n     There is, at present, no statutory duty in England and Wales to prepare a homelessness strategy under the Housing Act 1996. However the homelessness bill, if enacted, will impose a duty on housing authorities to carry out a homelessness review and formulate and publish a homelessness strategy based on the result of the review.

n     The local housing authority has a statutory duty to ensure that advice and information about homelessness is available free of charge to anyone in their district.

n     The definition of homelessness in Great Britain (England and Wales) is that a person is homeless if they have no accommodation in the United Kingdom or elsewhere. This is the same as the definition which applies in Scotland. In Northern Ireland, a person is currently defined as homeless if they have no accommodation in Northern Ireland.

n     The period during which a person may be potentially threatened with homelessness is 28 days under legislation both in Great Britain and in Northern Ireland. In Scotland the period is two months.

n     Article 5 of the Northern Ireland legislation outlines the priority need groups. The groups are largely the same as the equivalent section 189 of the Housing Act 1996. However, the Northern Ireland legislation makes provision for additional groups not contained within the Housing Act 1996 - namely those without dependent children at risk of domestic violence and young persons at risk of sexual or financial exploitation. Legislation in both Northern Ireland and Great Britain provides for the appropriate Department/Minister to specify further priority need groups. In Wales, the Homeless Persons (Priority Need) Wales Order 2001 specified further priority need groups which basically included the additional Northern Ireland groups - care leavers or persons at particular risk of sexual or financial exploitation, 18 years or over but under the age of 21, 16 or 17 year olds and persons fleeing domestic violence or threatened domestic violence. The Welsh order also includes persons homeless after leaving the armed forces and former prisoners homeless after being released from custody.

n     Article 6 of the Housing (NI) Order 1988 deals with the issue of intentional homelessness. This is very similar to section 191 of the Housing Act 1996. However the 1996 Act expressly includes persons that make themselves homeless simply to become entitled to help under homeless regulations (191 (3)).

n     In establishing if a person is homeless and entitled to help the Housing Act 1996 contains a power for an authority to make inquiries as to whether the person has a connection with the district of another local housing authority in England, Wales or Scotland. Similar provisions do not exist under Northern Ireland legislation.

n     The Housing Act 1996 currently limits the duty in England and Wales to provide accommodation to homeless persons who have a priority need and are not intentionally homeless to two years. The homelessness bill, if enacted, will remove the two year limit. There is no equivalent limit under Northern Ireland legislation.

n     Clause 5 of the homelessness bill, if enacted, will provide authorities with a power to secure accommodation for applicants who are not in priority need and are not homeless intentionally, where previously they had no power to do so. Equally where an applicant is in similar circumstances, but only threatened with homelessness, an authority may take reasonable steps to ensure that he continues to be housed in his current accommodation.

n     Clause 10 of the homelessness bill, if enacted, relates to persons claiming to be homeless who are at risk of violence. It amends Article 177 of the 1996 Act to provide that, for the purposes of determining homelessness, it is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to violence or threats of violence against him or someone with whom he usually resides or might reasonably be expected to reside. At present the provision only applies to cases of domestic violence.

Housing Act 1988 (Republic of Ireland)

n     Section 2 of the Housing Act 1988 defines a person as homeless in the following circumstances:

(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).

The local authority is responsible for deciding whether a person is homeless.

n     Section 10 of the Act, whilst not putting a statutory obligation on local authorities, gives them powers to respond to homelessness by directly arranging and funding emergency accommodation, 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 provided by them.

Proposals for the Housing Bill - New Homelessness Provisions

It should be noted that the proposals for the housing bill are currently at the pre-bill consultation phase. The new provisions relating to homelessness fall broadly into three main areas:

n     definition of homelessness;

n     intentional homelessness; and

n     homeless persons from abroad.

Definition of Homelessness

The definition of homelessness under the Housing Act 1996 (which applies to England and Wales) is stated below:

"section 175 - (1) A person is homeless if he has no accommodation available for his occupation, in the United Kingdom or elsewhere, ...".

Under the Housing Order 1988, which applies in Northern Ireland, the definition of homelessness is as stated below:

"art 3 - (1) A person is homeless if he has no accommodation in Northern Ireland."

In relation to the definition on homelessness, the proposal is to introduce the wider definition under the Housing Act 1996 into Northern Ireland. This would prevent the potential situation arising where the NIHE could be required to provide homelessness assistance to applicants who already have available accommodation which they could occupy outside Northern Ireland.

Intentional Homelessness

Under the Housing Act 1996 (section 191) the categories of persons who are considered to be 'intentionally homeless' includes applicants who enter into arrangements with other parties in order to avail of the homelessness provisions of the legislation.

The Housing Order [article 6 - see above] contains a broader and less defined definition of 'intentionally homeless' which does not expressly include this category of person. It is proposed to include this category of person by express provision in the housing bill in order to reduce the NIHE's vulnerability to legal challenge. This would put on a statutory basis the NIHE's existing policy of treating this category of person as 'intentionally homeless'.

Homeless Persons from Abroad

The Immigration and Asylum Act 1999 provides that persons subject to immigration control are not entitled to assistance under homelessness legislation in Northern Ireland unless they are of a class specified in regulations made by the Home Secretary or another Secretary of State.

The equivalent legislation for England and Wales is contained in the Housing Act 1996. This legislation also contains a power to make regulations which prescribe classes of person from abroad who, while not subject to immigration control in law, are to be treated as ineligible for homelessness assistance. This power does not exist currently in Northern Ireland legislation and as a result certain persons who are ineligible for homelessness assistance elsewhere in the United Kingdom could claim it in Northern Ireland.

The housing bill consultation, however, includes a new power enabling the Secretary of State to make provision by regulations specifying the description of persons who are to be treated as persons from abroad who are not eligible for assistance under part II of the Housing (NI) Order. It is also proposed to include a clause stating that persons from abroad who are subject to immigration control, and are not eligible for housing assistance by virtue of section 119 of the Immigration and Asylum Act 1999, are not eligible for housing assistance under the Housing (NI) Order 1988. Provision is also made to require the Secretary of State to provide information concerning the potential new provisions (for example; relating to persons from abroad and immigration status) to assist the NIHE to determine a persons eligibility for assistance.

An additional new clause proposes to empower the NIHE to take into account the unacceptable behaviour of an applicant, or a member of his household, which is serious enough to make him unsuitable to be a tenant of the NIHE. The only behaviour which may be regarded as unacceptable in these circumstances is behaviour which would (if he were a secure tenant of the NIHE) entitle the NIHE to a possession order under Article 29 of the Housing (NI) Order 1983.

Impact of the Proposed Changes in terms of Equality, New Targeting Social Need and Promoting Social Inclusion

Equality

Section 75 of the Northern Ireland Act 1998 requires public authorities to have due regard to the need to promote equality of opportunity, when carrying out their functions in relation to Northern Ireland; between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation; between men and women generally; between persons with a disability and persons without; and between persons with dependants and persons without. The public authority must also have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group [v] .

To comply with its section 75 statutory duties the authority must prepare and comply with its equality scheme. This requires the public authority to screen all its policies, including new proposals for legislation, to assess their impact on the promotion of equality of opportunity. Those which will have an impact on equality of opportunity will be considered for a full equality impact assessment and the results of the assessment must be published. These results will therefore be available for public scrutiny.

An assessment of the implications of any proposals for legislation must include an assessment of its implications for the section 75 duties in order to seek executive committee approval for the policy to which the proposed legislation is to give effect. An assessment of the section 75 implications must also be included in the memorandum accompanying a bill which goes to any Committee of the Assembly considering legislative proposals. Most of the proposed changes seek to narrow the groups of people who are eligible for assistance under existing homelessness legislation and the impact of the proposed changes will need to be assessed against each of the nine section 75 groups.

The proposed changes must be also comply with the convention rights as set out in the Human Rights Act 1998.

New Targeting Social Need (TSN) and Promoting Social Inclusion (PSI)

New TSN is a policy which aims to tackle social need and social exclusion in Northern Ireland by targeting efforts and available resources on people, groups and areas in the greatest social need. The policy is also intended to contribute to the reduction of community differentials in Northern Ireland. New TSN comprises a number of complementary elements including tackling inequalities in housing and tackling social exclusion through the Promoting Social Inclusion (PSI) initiative.

Most of the proposed changes seek to narrow or clarify the groups of people who are eligible for assistance under existing homelessness legislation.

How are the Homeless Subject to Immigration Control dealt with in Great Britain and the Republic of Ireland?

Great Britain

Under the Immigration Act 1971 a person from abroad is regarded as being any person that is not:

(i)     a British Citizen;

(ii)    a Commonwealth citizen who has the right of abode in the United Kingdom; or

(iii)   a citizen of a member country with the European Economic Area (EEA). (All countries in the European Union plus Iceland, Norway and Liechtenstein)

Any person that does not fit into these categories is likely to be subject to immigration control.

The Housing Act 1996 [vi] states that those subject to immigration control are not entitled to assistance under homelessness legislation unless they are in a class specified by the Home Secretary (or another Secretary Of State). The Homelessness (England) Regulations 2000 [vii] details those that qualify for housing assistance and are subject to immigration control. See Annex 2 for further details of such persons.

Under The Homelessness (England) Regulations 2000 the following is a description of persons that are treated as a person from abroad who are ineligible for housing assistance [viii] :

A person who is not habitually resident in the Common Travel Area other than -

(a)       a worker for the purposes of Council Regulation (EEC) No. 1612/68or (EEC) No. 1251/70;

(b)       a person with a right to reside in the United Kingdom pursuant to the Immigration (European Economic Area) Order 1994 and derived from Council Directive No. 68/360/EEC or No. 73/148/EEC;

(c)       a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;

(d)       a person who is on an income-based jobseeker's allowance or in receipt of income support.

Provisions are made for temporary accommodation under the Immigration and Asylum Act 1999 to provide for those asylum seekers lacking adequate accommodation or any means of obtaining it. This is administered by the National Asylum Support Service. This accommodation will be provided for the duration of the assessment of an asylum claim and then the asylum seeker will either move to one of the categories that qualifies under homeless legislation or be ordered to leave the country.

A February 2002 White Paper [ix] suggests no radical departures from current policy though the Government has stated plans to trial establish a number of new Accommodation Centres to accommodate asylum seekers whilst their claims are being processed.

The Northern Ireland context

The Immigration and Asylum Act 1999 [x] provides that persons subject to immigration control are not entitled to assistance under homelessness legislation in Northern Ireland unless they are a class specified in regulations made by the Home Secretary [xi] .

However, the provisions of Section 185(3) of the Housing Act 1986, which applies in England and Wales, does not apply in Northern Ireland. This means that there is currently, in Northern Ireland, no power to make regulations prescribing certain classes of person from abroad who are not subject to immigration control, but are intended to be treated as ineligible for homelessness assistance. However the housing bill (in Northern Ireland), if enacted, proposes to make this power to make regulations available in Northern Ireland.

Republic of Ireland. [xii]

The Aliens Act 1935 defines an alien as "a person who is not a citizen of Saorstát Eireann". Article 10 of the Act has provided for exemptions to be made. Therefore a person from abroad who is subject to any type of immigration control is generally regarded as those that are not citizens of a country of the European Economic Area (EEA - All countries in the European Union plus Iceland, Norway and Liechtenstein).

The Directorate for Asylum Support Services was established in November 1999. Its role is to secure and provide accommodation throughout the state to cater for the needs of asylum seekers entering the country in the light of the lack of available accommodation in the Dublin area where most had been accommodated until then. Since April 2000, asylum seekers presenting themselves to the Refugee Applications Centre are being assigned by the Directorate for Asylum Support services to accommodation centres in Dublin. They stay at these reception centres for a period of 1 - 2 weeks before being allocated temporary accommodation around the country whilst their applications are being processed. [xiii]

The Refugee Act 1996 outlines that that those declared as refugees [xiv] are entitled to the "the same social welfare benefits as those to which Irish citizens are entitled such as housing." [xv] Those failing to gain a declaration of refugee status will be subject to deportation orders under The Immigration Act 1999. [xvi]

Under Article 2 of the Refugee Act 1996 "a refugee" means a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it, but does not include a person who -

(a)       is receiving from organs or agencies of the United Nations (other than the High Commissioner) protection or assistance,

(b)       is recognised by the competent authorities of the country in which he or she has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country,

(c)       has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes,

(d)       has committed a serious non-political crime outside the State prior to his or her arrival in the State, or

(e)       has been guilty of acts contrary to the purposes and principles of the United Nations.

THE SOCIAL DIMENSION

This section presents a review of the social dimension of homelessness in Northern Ireland and the proposals contained in the forthcoming Housing Bill. It encompasses the following areas:

n     Statistical data profiling homelessness in Northern Ireland;

n     Current arrangements for homeless people in Northern Ireland;

n     The rationale for the proposed changes in relation to homelessness in Northern Ireland and how these changes are likely to affect the homeless;

n     How the proposed changes will impact on the role played by the Northern Ireland Housing Executive;

n     How the proposed changes will affect the numbers of people classified as homeless; and

n     The numbers of people from Great Britain who are housed by the Northern Ireland Housing Executive (NIHE) as a result of the differences in definitions of homelessness.

Statistical Profile of Homelessness in Northern Ireland

The statistical profile provides an overview of:

n     Trends in numbers presenting and accepted as homeless;

n     Regional variations;

n     Reasons for homelessness;

n     A Profile of homelessness, and;

n     Assessment Outcomes.

Trends in Numbers Presenting and Accepted as Homeless

The number of households presenting as homeless in Northern Ireland has increased by 26% (from 10,081 to 12,694) over the last 10 years. Part of this increase is due to the new Housing Selection Scheme, which automatically triggers a homelessness assessment if certain criteria are met in housing applications [xvii] .

The number of households deemed by the Northern Ireland Housing Executive to have met the legislative criteria for priority status has increased by 55% (from 4,158 to 6,457) over the last 10 years (Figure 1, overleaf). The proportion of applications accepted has increased from 41% to 51% over the period.

The proportion of those presenting as homeless deemed to be 'intentionally homeless' has declined from around a third 10 years ago to just over a quarter in recent years. The numbers of 'intentionally homeless' have remained fairly constant over the last 10 years with a total of 3,449 for 2000/01.

Regional Variations

Northern Ireland has a higher proportion of households presenting as homeless than other UK regions (Figure 2, overleaf). A greater proportion of these are also accepted as homeless by the Northern Ireland Housing Executive (51%) than by local authorities in England, Scotland and Wales (43%, 45% and 32% respectively).

Figure 1. Homelessness Applications & Acceptances: 1991/92 - 2000/01

  

Figure 2. % of Households Presenting as Homeless by UK Region (2000/01)

 

An analysis of the five NIHE regions reveals an increase over the last 10 years in the numbers presenting in all areas except for the West, which has declined particularly over the last three years (Figure 3, overleaf). Applications in the Belfast area have shown a marked increase over the last two years and this increase is reflected in a dramatic upsurge in the number accepted as priority cases in Belfast over the same period (Figure 4, overleaf).

Republic of Ireland

Comparable statistics are not available for the Republic of Ireland, although the last assessment carried out in 1999 indicated that there were a total of 5,234 homeless persons with no available accommodation [xviii] .

Reasons for Homelessness

An analysis of the main reasons given by those presenting as homeless shows that disputes with cohabitants or neighbours is the main cause of homelessness (Figure 5, page 18). The extent of intimidation appears to account mostly for yearly fluctuations. Overall, increases in relationship breakdowns and intimidation combined appear to account for a significant element of the overall increase in applications. A more detailed analysis of 2000/01 applications shows that family/sharing disputes and relationship breakdowns collectively account for over a third of all cases, while intimidation is the next most often cited reason accounting for 13% of all cases (Figure 6, page 18).

Profile of Homelessness

Almost half of all applications come from single people (two-thirds of whom are male). Families accounted for 41% of all those presenting as homeless in 2000/01 (Figure 7, page 19). Around 15% of those presenting as homeless originate from various institutional accommodation such as prison, hospital or care.

In a study undertaken by the Simon Community and the Health & Social Services Council, 20% of single homeless people regarded themselves as being in poor health; 27% had problems associated with alcohol; 12% reported drug dependency; and 47% reported a long-term problem including chronic conditions such as asthma and manic depression [xix] .

The vast majority (97%) of those presenting to the Housing Executive as homeless originate from Northern Ireland. In 2000/01, a total of 321 of those presenting as homeless were from outside Northern Ireland (172 from GB; 63 from ROI; 17 from other countries within the European Union; and 69 from outside the EU). The majority of asylum seekers are not administered under the homelessness legislation and are dealt with through the Home Office.

Figure 3. Homelessness Applications by Region

  

Figure 4. Homelessness Acceptances by Region

  

Figure 5. Homelessness Applications by Reason (main reasons only)

  

Figure 6. Applications by Reason (2000/01)

 

Figure 7. Applications by Household Type (2000/01)

  

Assessment Outcomes

Families are more likely to be given priority status (singles only represent 33% of all acceptances while families constitute 52% of those awarded priority status). Two- thirds of single presenters are not accepted under the legislation and many of these turn to the voluntary sector for assistance. A total of 3,726 individuals approached the Simon Community in need of emergency accommodation in 2000/01 (just over half of whom were aged under 25) [xx] .

Around 20% of households presenting as homeless are placed in temporary accommodation. The average stay in temporary accommodation is 135 days for those accepted as homeless and 52 days for those subsequently deemed not to be homeless. There does not appear to be any information available for the number of people sleeping on the streets of Northern Ireland.

Current Arrangements for Homeless persons in Northern Ireland

As stated in the previous section, the 1988 Housing (Northern Ireland) Order places a statutory duty on the NIHE to provide various levels of assistance to those who are homeless or threatened with homelessness [xxi] . A review of the operational nature of the assessment procedures [xxii] indicates that the onus is on the presenter to effectively establish that they are homeless and that they qualify for accommodation [xxiii] . The Order also obliges the Area Health Boards, Federation of Housing Associations and the Probation Board for Northern Ireland to co-operate with the NIHE, if requested to do so. However, because the NIHE alone has the statutory duty to deal with homelessness and none of these agencies manages hostels, there is no special statutory code of guidance which directs how this co-operation operates in practice.

In addition to the statutory provision accessible through the NIHE, various levels of support and assistance are provided through a wide range of voluntary organisations and agencies. This provision is reviewed below.

Northern Ireland Housing Executive Assessment Procedures

The NIHE seeks to provide for persons who qualify as Full Duty Applicants (FDAs) [xxiv] , that is applicants who are homeless through no fault of their own and are in priority need. Such persons are entitled to permanent housing, and if this is not immediately available, temporary accommodation. Applicants who are homeless and in priority need but who have intentionally brought about the situation are entitled to temporary accommodation and to have their furniture stored for a limited period until they can locate their own accommodation. Temporary accommodation may also be provided for applicants who are considered homeless and potentially in priority need. This provision is made until further inquiries are completed to ascertain the priority need status of the individual.

The, 'Statistics and Homelessness' section above, presents more details regarding assessment outcomes, however it may be pertinent to highlight the following statistics. Of the total number of applicants presenting as homeless, (12,694 in 2001/2002) 51% were accepted as statutory homeless or Full Duty Applicants, and families (at 52%) were more likely to meet the statutory requirement than singles (33%) [xxv] .

The NIHE aims to assess 95% of all applications in 33 days. Performance for the year to the end of November 2001 was identified as 92% [xxvi] . This is a considerable improvement in performance from the figures quoted for the year 2000-2001, when 64% of applications were assessed within the target time [xxvii] . Applicants who are unhappy with the decision made by the NIHE may appeal through the internal appeal system operated by the NIHE. [xxviii]

Provision of Temporary Accommodation

Approximately 20% of those who present as homeless are allocated temporary accommodation. The NIHE suggests that this figure has remained fairly constant. The allocation of places generally correlates with the level of presentations in each area of Northern Ireland, although the ratio of places in Belfast and Londonderry is generally higher than elsewhere [xxix] .

In terms of the type of temporary accommodation allocated to applicants, the NIHE states that it "seeks to provide the most suitable available temporary accommodation" [xxx] . Generally a placement is sought in one of the Housing Executive's own hostels, however if this is not available, individuals may be accommodated in a voluntary or private sector hostel. Placement in the private sector (which tends to be bed and breakfast type accommodation) is described as a "last resort"[xxxi] . According to the NIHE, B&Bs are used primarily for those who are awaiting the outcome of further enquiries into their homeless status, however they do state amongst their recommendations in the Homelessness Strategy and Services Review an intention to reduce 'reliance on bed and breakfast accommodation' [xxxii] .

A review of temporary accommodation available in Northern Ireland indicates the following levels of provision [xxxiii] , see Table 1:

Table 1

NIHE Accommodation

 173 units

Voluntary Sector

 1482 bed spaces

Private Sector (bed bureau)

 725 bed spaces

A Review of the usage of temporary accommodation by the NIHE during 2000/2001 indicates that the private sector accounts for over half of all placements [xxxiv] see Table 2.

Table 2

NIHE

 483 (20%)

Voluntary Sector

 585 (24%)

Private Sector

 1387 (56%)

Total

 2455 (100%)

Costs

The costs for all temporary accommodation are fully met by the NIHE, through housing benefit, top-up payments and direct payments. Top-up payments are only paid in the event of an individual living in private accommodation, where the amount paid through housing benefit results in a shortfall. Housing benefit payments for NIHE and voluntary hostels cover the agreed charges.

Three different methods are currently used to administer housing payments:

n     Housing benefit payments which are used for NIHE and voluntary hostels, and the private sector bed bureau;

n     Voucher or top-up payments paid to meet the shortfall in housing benefit used in the private sector; and

n     Issue of cheque requisition, used for non bed bureau hotels.

In the year 2000/2001, top-up payments amounted to over £1.1million. The NIHE estimates that the average weekly charges for NIHE and voluntary sector hostels and B&Bs are as detailed below in Table 3:

Table 3

 

Single

Family

Housing Executive

£85

£115

Voluntary Sector

£160 (£90 support)

£205(£120 support)

Private (B&B)

£95

£215

Additional services provided beyond accommodation explain the additional charges. If these charges are discounted it appears that accommodation in the private sector is 45% more costly than in the other sectors.

Occupancy rates and levels

A review of occupancy levels in temporary accommodation for the year 2000/2001, indicates that almost all NIHE and voluntary hostels were 90-100% occupied all of the time [xxxv] . The average stay for individuals in temporary accommodation is currently 113 days and 135 days for those accepted as Full Duty Applicants. For those who are placed in temporary accommodation and subsequently not accepted as homeless, the average stay is 52 days. Full Duty Applicants in Belfast and Londonderry tend to stay longer, perhaps up to 190 days. Some residents in temporary hostels usually older single persons, tend to be long-term occupants. These are generally individuals who without some form of support are unable to move to independent living. To re-house this group without such support may only result in them re-presenting as homeless when other accommodation options fail. [xxxvi] The NIHE estimates that 25% of those in hostel spaces in Belfast and 20% in Londonderry are in this category.

Accommodation Provision - Permanent Re-housing

The challenges associated with the permanent re-housing of homeless persons are unique to Northern Ireland with other parts of the UK having the duty to secure temporary accommodation only. However current proposals suggest this may change in the near future.

According to the NIHE, there is considerable variation in the period required to find suitable permanent housing for homeless households. It notes that 'the areas experiencing the longest delays in re-housing homeless applicants correlate with areas of high demand, low supply or a combination of both' [xxxvii] . While areas of particular high housing stress are identified annually and subsequently included in new build programmes, the cost of, or lack of availability of suitable sites often hampers development.

The difficulties of providing permanent housing for homeless people may be considered against the backdrop of the current housing market in Northern Ireland. Firstly, an increase in the numbers of tenants taking advantage of the House Sales scheme, has contributed to a reduction in the housing stock levels and subsequently opportunities for homeless people to access rented housing. On average, 5,000 homes in the social rented sector are purchased annually. In addition some 1,000 Housing Executive dwellings are demolished each year, and lastly the current new build level of 1,500 social rented dwellings per year does not adequately increase housing provision [xxxviii] .

Homeless presenters who have been accepted as Full Duty Applicants are eligible to apply for housing through the Housing Selection Scheme [xxxix] .

After-Hours Provision

While the NIHE is statutorily responsible for a 24 hour service, it is supported out of hours by the Health and Social Services Trusts. An assessment of applicants who apply outside office hours is made on the basis of their perceived vulnerability. Social Services do not undertake investigations into individual cases, except to establish if an applicant is in priority need. If this is not the case they are given details of self-referral hostels and asked to make their own arrangements. If an applicant is identified as being in priority need, suitable accommodation is sought and if necessary transport is arranged. The Emergency Duty Social Work Service only provides temporary accommodation until the next working day when the client may then be relocated following referral of their case to the NIHE.

Difficulties have been identified in accessing some hostels out of hours and locating suitable accommodation for young people [xl] . There is also considerable diversity in the approach adopted by the Health Boards and it has been suggested that the system of 'sign-posting' and contact is relatively complex.

Other support and assistance available

In addition to the provisions outlined above the NIHE in co-operation with other agencies is pursuing the following activities.

Planning

According to NIHE's Homelessness Strategy and Services Review [xli] , plans for general needs provision which includes homelessness, are made on three levels:

n     At a strategic level, the annual Housing Market Review determines gross new build requirements

n     At Council level, through District Housing Plans assessments are made for new build requirements from the bottom-up and;

n     At a sectoral level, consideration is given to the requirements of specific areas requiring special attention.

Requirements for temporary accommodation are planned through an annual review.

Joint planning has been initiated with the Health and Social Services Trusts to address the needs of individuals who require additional support. The Housing and Health - Towards a Shared Agenda report documents the progress which has been made in increasing such provision through Housing Association new builds and voluntary sector management. Further provision for sheltered and supported housing is planned through the Supporting People programme - a new funding and policy framework due to commence in April 2003 [xlii] .

Prevention

The NIHE currently provides information and advice which it believes will contribute towards the prevention of homelessness. This includes advice and information relating to applications for accommodation, the rights of private rental tenants, the use of rent guarantee schemes and referrals to specialist advice agencies regarding debt, marital breakdown and property rights.

Reception Services

Applicants seeking housing support may call to any of the Housing Executive's 37 district offices or the Housing Advice Centre. If access is not possible, due to an applicant's disability, a home visit may be arranged. Applications may also be triggered by a normal housing application or transfer visit.

Taxis and Furniture Storage

Where necessary, the NIHE provides and meets the cost of taxi services for homeless applicants, from Housing Executive offices to temporary accommodation. In the case of eligible homeless applicants, the NIHE arranges for the storage and protection of belongings and furniture. If an individual is experiencing financial hardship, the NIHE will also meet the financial costs.

The NIHE recently completed a review of its homelessness strategy and services. A substantial list of recommendations concerning a diversity of issues has been compiled. Implementation of this is due to commence in April 2002.

Support and Assistance in the Voluntary Sector

Where accommodation cannot be provided to a homeless applicant through the NIHE, a referral may be made to one of the voluntary sector organisations in Northern Ireland which offer accommodation and support to homeless persons. These agencies range from individual hostels to larger organisations such as the Simon Community which provides accommodation, resettlement, support and training. Referrals may come from the NIHE, the Probation Board for Northern Ireland, Health and Social Services or the PSNI. Those presenting as homeless may also contact a voluntary organisation directly. As indicated above in the Statistical Profile of Homelessness, around 50% of those presenting as homeless to the NIHE are not accepted as homeless under the current housing arrangements. Many of these will approach a voluntary organisation for assistance - almost 4,000 individuals contacted the Simon Community in 2000/2001 [xliii] .

The organisations and agencies which are part of the voluntary sector are perceived as useful providers of independent housing advice and support. Temporary accommodation provision in the voluntary sector currently accounts for 24% of all temporary accommodation available.

Perceived Gaps in Housing Provision

This section has outlined current provisions for homeless people in Northern Ireland, however a number of organisations involved with homelessness issues have highlighted various categories of homeless persons whose needs, they believe do not appear to be fully met through the current homeless arrangements for people.

A number of agencies including the NIHE have noted a significant rise in the levels of rural homelessness. Figures for NIHE districts such as Ballymena, Coleraine and Magherafelt indicate significant increases [xliv] . According to the NIHE, those living in rural areas are less likely to contact district offices for assistance, therefore the current figures are unlikely to give an accurate representation of the full extent of the 'hidden' homeless situation. Accommodation provision for homeless people in rural areas is perceived as inadequate. In spite of the numbers of people identified as homeless, there is often insufficient concentration of homeless people to justify the creation of stand-alone hostels and voluntary organisation provision is less comprehensive in the "west of the Province" [xlv] .

The Children (NI) Order 1995 places a duty on the Health and Social Services Boards and Trusts to accommodate 16-17 year olds who are assessed as being in need. Various agencies, however, including the Children's Law Centre have referred to a lack of clarity in the current provisions for this age group. Young people who have left home may be redirected from the NIHE to Social Services and vice versa without being assessed. Concern has also been expressed that young people aged 16-21 years leaving care are not specifically identified as a priority group in the current housing arrangements, and various organisations have drawn attention to young people being refused housing assistance [xlvi] . While provision has been made through specific projects [xlvii] , significant numbers of young people are presenting to voluntary organisations such as the Simon Community, in need of accommodation and support [xlviii] .

Rationale for the Proposed Changes, Possible Effects on Homeless Persons and Numbers Classified as Homeless

The proposed change regarding the definition of a person being homeless if s/he has no accommodation in Northern Ireland or elsewhere in the UK, brings the legislation in Northern Ireland into alignment with the Housing Act 1996 and the Housing (Scotland) Act 2001. This means that the NIHE no longer has responsibility to provide assistance under homeless legislation to an individual who has no accommodation in Northern Ireland but who may have access to the same elsewhere in the UK. The effect on homeless persons is likely to be minimal and, according to the NIHE the numbers presenting in these circumstances are small. While figures indicating the number of individuals who fall into this category are not available, an analysis of the origin of households presenting as homeless to the NIHE in 2000/2001 indicates that less than 2% (172) are from Great Britain.

The second proposed change to the legislation regarding homelessness concerns individuals who enter into an arrangement with the intention of misrepresenting their circumstances in order to take advantage of homeless legislation. While such a misrepresentation is currently an offence under Article 17 of the Housing (NI) Order 1988, the failure to provide a more explicit statutory basis for the policy could expose the NIHE to legal challenge from housing applicants. Those who enter into an arrangement with families or other persons to dishonestly corroborate their claims in order that they may obtain housing assistance will be treated as intentionally homeless. Again this proposed change reflects similar provisions made in the Housing Act 1996. The impact of these changes on homeless persons is likely to be negligible.

Currently persons subject to immigration control are not entitled to assistance under homeless legislation in Northern Ireland unless they are a class specified in regulations devised by the Home Secretary (or another Secretary of State). The Housing Act 1996 contains a power to make regulations prescribing persons from abroad, who while not subject to immigration control in law are treated as ineligible for housing assistance. It is proposed that this amendment be applied to the existing legislation in Northern Ireland. Without this power, certain individuals who are unable to access homeless assistance elsewhere in the UK could claim such assistance in Northern Ireland. This proposal brings the legislation into line with that currently operating elsewhere in the UK. As with the other proposed changes, it is unlikely that significant numbers of homeless persons will be affected [xlix] . Statistics for the year 2000/2001 indicate that less than 3% of those applying for housing support are from outside Northern Ireland and of these less than 1% (86) were from an EU or non EU country [l] .

The proposed changes appear to be minor amendments to definitions, serving to address the anomalies which currently exist between Great Britain and Northern Ireland and as indicated above, appear unlikely to impact significantly on numbers of people classified as homeless. The provisions for homelessness within the proposed Housing Bill have been described as 'technical.having no significant impact on the rights of the homeless" [li] .

Impact on the Role of the NIHE

There is no evidence to suggest that the proposed changes to the current legislation will impact significantly on the role of the NIHE. The changes to the definition of homelessness will result in the NIHE no longer having a duty to those who present as homeless but have accommodation elsewhere in the UK. Similarly if an additional power is introduced to prescribe persons from abroad who while not subject to immigration controls are treated as ineligible for homelessness assistance, the NIHE will no longer have a role in this regard. With regard to the proposal concerning intentional homelessness, the NIHE already treats persons who have entered into a dishonest arrangement in order to claim housing assistance as intentionally homeless.

THE FINANCIAL DIMENSION

The final section of this paper presents a brief discussion of the financial implications of the proposed changes regarding homelessness provisions in the Northern Ireland Housing Bill. It also highlights potential funding issues associated with the proposed introduction of two new initiatives.

Current Funding

The current costs of providing Homeless Services can be divided into capital and revenue costs. Capital funding for homelessness services varies from year to year. In 2001/02 the Department of Social Development (DSD) is providing around £61m of new build funding, of which around £5.5m is for dedicated homelessness projects [lii] . Thus dedicated homelessness new-build represents 0.09% of total new build capital funding for the period.

NIHE identify recurring revenue costs in Table 4:

Table 4

Revenue Funding

Costs

Cost as % of total
estimated costs

Housing Benefit (NIHE)

£5.6 m

31.40%

Special Needs Management Allowance (DSD)

[liii] £6.0 m

33.60%

Revenue Grants to Voluntary Sector (NIHE)

£1.0 m

5.60%

Top-up payments for individuals (NIHE)

£1.5 m

8.40%

Taxi/Furniture Storage (NIHE)

£0.5 m

2.80%

Hostel Management (NIHE)

£0.4 m

2.25%

Other Statutory Agencies Funding

[liv] £*

*3.36%

Charitable Donations/Fund Raising

£*

 

Administration (NIHE)

£2.25 m

12.60%

Total

£17.85 m

100%

Source: NIHE (2001b:45)

The Proposed Housing Bill 2002

On the basis of the information available, the public finance implications of the proposed changes under the Housing Bill appear to be quite limited. Current homelessness regulation and NIHE practice make it likely that the main areas of change proposed in the Housing Bill will have little financial impact. As suggested earlier in the paper, the changes proposed to the definition of homelessness, to include only those without accommodation available in the United Kingdom, will have limited impact as the majority of those presenting as homeless in Northern Ireland are from this jurisdiction. For this reason again, the proposal to restrict the provision of Homeless Services to certain categories of persons from abroad, will have limited financial implications.

With regard to the changes proposed to the definition of 'intentionality' the current NIHE practice appears to be quite stringent. All decisions in the assessment process are subject to a multi-level authorisation procedure and NIHE devotes a large proportion of its resources to the assessment process. However, homelessness exists beyond the definition of homelessness, and the factors influencing it are complex. The voluntary and community sector providers are taking up this slack at present, and arrangements for financial and other support packages should reflect this.

The NIHE Homelessness Strategy (2001) and Supporting People Initiative

Two initiatives related to housing which are likely to have greater implications in the area of funding are the NIHE Homelessness Strategy (2001) and the Supporting People Initiative.

A review of the NIHE Homeless Strategy would suggest that it should make a positive contribution to addressing the problem of homelessness in Northern Ireland. Of general concern, however, is the position where capital costs associated with new build provision for supported accommodation will have to enter competition over a 3-5 year period for funding. On top of this, the additional strategy implementation costs identified at 2.2 above will be in annual competition for already scarce resources. As many of these areas of activities are outside the statutory duty of NIHE, (for example information, advice and education), there is a danger that these elements of the homelessness strategy will be marginalised.

The proposed reduction in the use of Bed And Breakfast accommodation, as the most costly temporary accommodation solution, should bring some financial benefits. While the Corporate Objective of assessing applications within 33 working days, has been partly achieved [lv] , the assessment process is the most resource intensive area of NIHE activity. Increasing performance in this area would necessitate changes to the assessment system, recruitment of additional staff and/or productivity gains. All these options have associated costs.

The Supporting People proposals have signalled the Central Government's response to developing a more coherent funding framework for supported housing. Overall funding of homelessness projects will be split into four main areas - housing benefit, Capital Funding, Supporting People and Special Homelessness Funding. However, the NIHE has indicated that it is not yet possible to predict the overall split in funding between the different streams [lvi] .

Annex  1

Statutory  Instrument  1988  No.  1990  (N.I.  23)

The Housing (Northern Ireland) Order 1988

PART  II

HOUSING  THE  HOMELESS

Main definitions

Homelessness and threatened homelessness

      3.-(1) A person is homeless if he has no accommodation in Northern Ireland.

      (2)  A person shall be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which it is reasonable for that person to reside with him-

(a)  is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, or

(b)  has an express or implied licence to occupy, or

(c)  occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.

      (3)  A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.

      (4)  Regard may be had, in determining whether it would be reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in Northern Ireland.

      (5)  A person is also homeless if he has accommodation but-

         (a)  he cannot secure entry to it, or

         (b)  it is probable that occupation of it will lead to violence from some other person residing in it or to threats of violence from some other person residing in it and likely to carry out the threats, or

         (c)  it consists of a movable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted to place it and to reside in it.

      (6)  A person is threatened with homelessness if it is likely that he will become homeless within 28 days from the day on which he gives written notice to the Executive that he is threatened with homelessness.

Meaning of accommodation available for occupation

      4.  For the purposes of this Part accommodation shall be regarded as available for a person's occupation only if it is available for occupation both by him and by any other person who might reasonably be expected to reside with him; and references to securing accommodation for a person's occupation shall be construed accordingly.

Priority need for accommodation

      5.-(1)  The following have a priority need for accommodation-

(a)  a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside;

         (b)  a person with whom dependent children reside or might reasonably be expected to reside;

         (c)  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 or might reasonably be expected to reside;

         (d)  a person who is homeless or threatened with homelessness as a result of an emergency such as a flood, fire or other disaster;

         (e)  a person without dependent children who satisfies the Executive that he has been subject to violence and is at risk of violent pursuit or, if he returns home, is at risk of further violence;

         (f)  a young person who satisfies the Executive that he is at risk of sexual or financial exploitation.

      (2)In paragraph (1)( f ) "young person" means a person who is over compulsory school age (within the meaning of Article 46 of the Education and Libraries (Northern Ireland) Order 1986[7]) and has not attained the age of 21 years.

      (3)  The Department may by order made subject to affirmative resolution-

(a)  specify further descriptions of persons as having a priority need for accommodation, and

(b)  amend or revoke any part of paragraph (1) or (2).

Becoming homeless intentionally

      6.-(1)  A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation, whether in Northern Ireland or elsewhere, which is available for his occupation and which it would have been reasonable for him to continue to occupy.

      (2)  A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

      (3)  For the purposes of paragraph (1) or (2) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.

      (4)  Regard may be had, in determining whether it would have been reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in Northern Ireland.

Duties of the Executive with respect to homelessness and threatened homelessness

Inquiry into cases of possible homelessness or threatened homelessness

      7.-(1)  If- (a)  a person (an "applicant") applies to the  Executive for accommodation, or for assistance in obtaining accommodation, and

         (b)  the Executive has reason to believe that he may be homeless or threatened with homelessness it shall make such inquiries as are necessary to satisfy itself as to whether he is homeless or threatened with homelessness.

      (2)  If the Executive is so satisfied it shall make any further  inquiries necessary to satisfy itself as to-

         (a)  whether the applicant has a priority need, and

         (b)  whether he became homeless or threatened with homelessness intentionally.

Interim duty to accommodate in case of apparent priority need

      8.  If the Executive has reason to believe that an applicant may be homeless and have a priority need, it shall secure that accommodation is made available for his occupation pending a decision as a result of its inquiries under Article 7.

Notification of decision and reasons

      9.-(1)  On completing its inquiries under Article 7, the Executive shall notify the applicant of its decision on the question whether he is homeless or threatened with homelessness.

      (2)  If the Executive notifies the applicant that its decision is that he is homeless or threatened with homelessness, it shall at the same time notify him of its decision on the question whether he has a priority need.

      (3)  If the Executive notifies the applicant that its decision is that he has a priority need, it shall at the same time notify him of its decision whether he became homeless or threatened with homelessness intentionally.

      (4)  If the Executive notifies the applicant-

         (a)  that it is not satisfied that he is homeless or threatened with homelessness, or

         (b)  that it is not satisfied that he has a priority need, or

         (c)  that it is satisfied that he became homeless or threatened with homelessness intentionally,

               it shall at the same time notify him of its reasons.

      (5)  The notice required to be given to a person under this Article shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available for a reasonable period at the office of the Executive to which he applied, for collection by him or on his behalf.

Duties to persons found to be homeless

      10.-(1)  This Article has effect as regards the duties owed by the Executive to an applicant where it is satisfied that he is homeless.

      (2)  Where the Executive is satisfied that the applicant has a priority need and is not satisfied that he became homeless intentionally, it shall secure that accommodation becomes available for his occupation.

      (3)  Where the Executive is satisfied that the applicant has a priority need but is also satisfied that he became homeless intentionally, it shall-

         (a)  secure that accommodation is made available for his occupation for such period as it considers will give him a reasonable opportunity of securing accommodation for his occupation, and

         (b)  furnish him with advice and such assistance as it considers appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.

      (4)  Where the Executive is not satisfied that the applicant has a priority need, it shall furnish him with advice and such assistance as it considers appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.

Duties to persons found to be threatened with homelessness

      11.-(1)  This Article has effect as regards the duties owed by the Executive to an applicant where it is satisfied that he is threatened with homelessness.

      (2)  Where the Executive is satisfied that the applicant has a priority need and is not satisfied that he became threatened with homelessness intentionally, it shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.

      (3)  Where-

         (a)  the Executive is not satisfied that the applicant has a priority need, or

         (b)  it is satisfied that he has a priority need but is also satisfied that he became threatened with homelessness intentionally,

         it shall furnish him with advice and such assistance as it considers appropriate in the circumstances in any attempts he may make to secure that accommodation does not cease to be available for his occupation.

      (4)  Paragraph (2) does not affect any right of the Executive, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of accommodation.

Provisions supplementary to Articles 8 and 10

      12.-(1)  The Executive may perform any duty under Article 8 or 10 (duties to persons found to be homeless) to secure that accommodation becomes available for the occupation of a person-

         (a)  by making available suitable accommodation held by it, or

         (b)  by securing that he obtains suitable accommodation from some other person, or

         (c)  by giving him such advice and assistance as will secure that he obtains suitable accommodation from some other person,

         and in determining whether accommodation is suitable the Executive shall have regard to Chapter II of Part III and Part VI of the Order of 1981.

      (2)  The Executive-

         (a)  shall require a person to whom it is subject to a duty under Article 8 or 10 (interim duty to accommodate pending inquiries and duties to persons found to be homeless) to pay rent, in accordance with any rent scheme for the time being approved by the Department under Article 17 of the Order of 1981, in respect of any housing accommodation provided by the Executive itself; or

         (b)  may require such a person-

               (i)  to pay such reasonable charges as the Executive may determine in respect of accommodation which it otherwise secures for that person's occupation; or

               (ii)  to pay such reasonable amount as it may determine in respect of sums payable by it for accommodation made available by another person.

Protection of property of homeless persons and persons threatened with homelessness

      13.-(1)  This Article applies where the Executive has reason to believe that an applicant is homeless or threatened with homelessness (or, in the case of an applicant to whom it owes a duty under Article 8 (interim duty to accommodate pending inquiries), that he may be homeless) and that-

      (a)  there is a danger of loss of, or damage to, any personal property of his by reason of his inability to protect it or deal with it, and

         (b)  no other suitable arrangements have been or are being made.

      (2)  If the Executive has become subject to a duty towards the applicant under Article 8, 10(2) or (3)(a ) or 11(2) (duty to accommodate during inquiries and duties to persons found to be homeless or threatened with homelessness), then, whether or not it is still subject to such a duty, it shall take reasonable steps to prevent the loss of the property or prevent or mitigate damage to it; and if it has not become subject to such a duty, it may take any steps it considers reasonable for that purpose.

      (3)  The Executive may for the purposes of this Article-

   (a)  enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and

         (b)  deal with any personal property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.

      (4)  The Executive may decline to take action under this Article except upon such conditions as it considers appropriate in the particular case, which may include conditions as to-

         (a)  the making and recovery by the Executive of reasonable charges for the action taken, or

         (b)  the disposal by the Executive, in such circumstances as may be specified, of property in relation to which it has taken action.

      (5)  When in the Executive's opinion there is no longer any reason to believe that there is a danger of loss of or damage to a person's personal property by reason of his inability to protect it or deal with it, the Executive ceases to have any duty or power to take action under this Article; but property stored by virtue of the Executive having taken such action may be kept in store and any conditions upon which it was taken into store continue to have effect, with any necessary modifications.

      (6)  Where the Executive-

         (a)  ceases to be subject to a duty to take action under this Article in respect of an applicant's property, or

         (b)  ceases to have power to take such action, having previously taken such action,

it shall notify the applicant of that fact and of the reason why it is of opinion that there is no longer any reason to believe that there is a danger of loss of or damage to his personal property by reason of his inability to protect it or deal with it.

      (7)  References in this Article to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.

Certain bodies to co-operate with the Executive

      14.  Where, the Executive-

(a)  requests a health and social services board to exercise any of its functions in relation to a case with which the Executive is dealing under Article 7, 8, 10 or 11 (which relate to homelessness and threatened homelessness as such), or to provide any information or advice in relation to such a case; or

(b)  requests the Probation Board for Northern Ireland to provide any information or advice in relation to such a case; or

         (c)  requests a registered housing association, within the meaning of Part VII of the Order of 1981, to assist it in the discharge of its functions under those Articles;

that health and social services board, the Probation Board for Northern Ireland or that association, as the case may be, shall co-operate by exercising such of its functions, providing such information or advice or rendering such assistance as is reasonable in the circumstances.

Assistance for voluntary organisations

Financial and other assistance for voluntary organisations concerned with homelessness

      15.-(1)  Without prejudice to Article 28(1)(g ) of the Order of 1981, the Executive may, upon such terms and subject to such conditions as it may determine, give to a voluntary organisation concerned with homelessness, or with matters relating to homelessness, assistance by way of grant or loan.

      (2)  The Executive may also assist such a voluntary organisation by-

         (a)  permitting them to use premises belonging to the Executive upon such terms and subject to such conditions as may be agreed,

         (b)  making available furniture or other goods, whether by way of gift, loan or otherwise, and

         (c)  making available the services of staff employed by the Executive.

      (3)  No assistance shall be given under paragraph (1) or (2) unless the voluntary organisation first give an undertaking-

         (a)  that they will use the money, furniture or other goods or premises made available to them for a specified purpose, and

         (b)  that they will, if the Executive serves notice on them requiring them to do so, furnish, within the period of 21 days beginning with the date on which the notice is served, a certificate giving such information as may reasonably be required by the notice with respect to the manner in which the assistance given to them is being used.

      (4)  The conditions subject to which assistance is given under this Article shall in all cases include, in addition to any conditions determined or agreed under paragraph (1) or (2), conditions requiring the voluntary organisation to-

         (a)  keep proper books of account and have them audited in such manner as may be specified,

         (b)  keep records indicating how they have used the money, furniture or other goods or premises made available to them, and

         (c)  submit the books of account and records for inspection by the Executive.

      (5)  If it appears to the Executive that the voluntary organisation have failed to carry out their undertaking as to the purpose for which the assistance was to be used, the Executive shall take all reasonable steps to recover from the organisation an amount equal to the amount of the assistance; but no sum is so recoverable unless the Executive has first served on the voluntary organisation a notice specifying the amount which, in the opinion of the Executive, is recoverable and the basis on which that amount has been calculated.

      (6)  In this Article "voluntary organisation" means a body, not being a district council or other public body, within the meaning of section 146(2) of the Local Government Act (Northern Ireland) 1972[8], whose activities are carried on otherwise than for profit.

Hostel accommodation for persons in need

Transfer of hostels

      16.-(1)  In Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972[9], in the definition of "person in need" sub-paragraph (c ) shall be omitted as from the appointed day.

      (2)  The provisions of Schedule 1 shall have effect to facilitate the transfer to the Executive of hostels provided by the Department of Health and Social Services and health and social services boards for persons in need.

      (3)  In this Article-

         (a)  "appointed day" means the day appointed for the coming into operation of this Article; and

         (b)  "persons in need" means persons who have been rendered homeless and are in need of temporary accommodation.

Supplemental

False statements, withholding information and failure to disclose change of circumstances

      17.-(1)  If a person, with intent to induce the Executive to believe, in connection with the exercise of its functions under this Part, that he or another person-

         (a)  is homeless or threatened with homelessness, or

         (b)  has a priority need, or

         (c)  did not become homeless or threatened with homelessness intentionally,

knowingly or recklessly makes a statement which is false in a material particular, or knowingly withholds information which the Executive has reasonably required him to give in connection with the exercise of those functions, he commits an offence.

      (2)  If before an applicant receives notification of the Executive's decision on his application there is any change of facts material to his case, he shall notify the Executive as soon as possible; and the Executive shall explain to every applicant, in ordinary language, the duty imposed on him by this paragraph and the effect of paragraph (3).

      (3)  A person who fails to comply with paragraph (2) commits an offence unless he shows that he was not given the explanation required by that paragraph or that he had some other reasonable excuse for non-compliance.

      (4)  A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Notes:

[7] 1986 NI 3

[8] 1972 c. 9 (N.I.)         [9] 1972 NI 14

 

Homelessness in Northern Ireland Research Paper

ANNEX 2

(i)        Class A - a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the 1951 United Nations Convention relating to the status of refugees, and who, as a result, has been automatically granted asylum in the United Kingdom.

(ii)       Class B - a person - (i) who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and (ii) whose leave is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds.

(iii)       Class C - a person who has current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition and who is habitually resident in the Common Travel Area [lvii] other than a person - (i) who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his "sponsor") in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation; (ii) who has been resident in the United Kingdom for less than five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; and (iii) whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;

(iv)      Class D - a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;

(v)       Class E - a person who is habitually resident in the Common Travel Area and who - (i) is a national of a state which has ratified the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which has ratified the European Social Charter done at Turin on 18th October 1961 and is lawfully present in the United Kingdom; or (ii) before 3rd April 2000 was owed a duty by a housing authority under Part III of the Housing Act 1985 (housing the homeless) or Part VII of the 1996 Act (homelessness) which is extant, and who is a national of a state which is a signatory to the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which is a signatory to the European Social Charter done at Turin on 18th October 1961;

(vi)      Class F - a person who is an asylum-seeker and who made a claim for asylum - (i) which is recorded by the Secretary of State as having been made on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area; and (ii) which has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned;

(vii)      Class G - a person who is an asylum-seeker and - (i) who was in Great Britain when the Secretary of State made a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country; (ii) who made a claim for asylum which is recorded by the Secretary of State as having been made within a period of three months from the day on which that declaration was made; and (iii) whose claim for asylum has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned;

(viii)     Class H - a person who is an asylum-seeker and - (i) who made a relevant claim for asylum on or before 4th February 1996 (a claim for asylum which has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned; or); and (ii) who was, on 4th February 1996, entitled to benefit under regulation 7A of the Housing Benefit (General) Regulations 1987 (persons from abroad); (and has been recorded as having been decided (other than on appeal) on or before 4th February 1996 and in respect of which an appeal is pending which (i) was pending on 5th February 1996; or (ii) was made within the time limits specified in the rules of procedure made under section 22 of the 1971 Act (procedure).

(ix)      Class I - a person who is on an income-based jobseeker's allowance or in receipt of income support and is eligible for that benefit other than because - (i) he has limited leave to enter or remain in the United Kingdom which was given in accordance with the relevant immigration rules; and (ii) he is temporarily without funds because remittances to him from abroad have been disrupted. ("Relevant immigration rules" means the immigration rules relating to - (a) there being or there needing to be no recourse to public funds; or (b) there being no charge on public funds).

 

[i]   Housing (Northern Ireland) Order 1988 (N.I. 23).

 

[ii] All statistics in this Report are taken from NIHE Homelessness Strategy & Services Review, unless otherwise indicated.

 

[iii] Housing (Northern Ireland) Order 1988 (N.I. 23).

 

[iv] Law Centre (NI) Information Pack 2001 section 1.6.

 

[v] Northern Ireland Act, 1998, Section 75

 

[vi] Housing Act 1996, section 185.

 

[vii] Homelessness (England) Regulations 2000 SI 2000 no 701.

 

[viii] Housing Act 1996: This class of person is not regarded as being subject to immigration control.

 

[ix] Secure Borders, Safe Haven - Integration with Diversity in Modern Britain CM 5387

 

[x] Immigration and Asylum Act 1999.

 

[xi] The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 SI 2000 no 706. Provisions are broadly as described for Great Britain Homelessness (England) Regulations 2000 SI 2000 no 701.

 

[xii] Refugee Law Comparative Study - Department of Justice, Equality and Law Reform, September

 

[xiii] No Welcome Here? 'Asylum Seekers And Refugees in Ireland and Britain p. 82.

 

[xiv] Refugee Ac 1996 section 17.

 

[xv] Ibid, section 3.

 

[xvi] Immigration Act 1999, section 3.

 

[xvii] All statistics in this section taken from NIHE Homelessness Strategy & Services Review, except

 

[xviii] From Homelessness: An Integrated Strategy. Department of the Environment and Local

 

[xix] Opening the Door to Health: Access to Primary Healthcare Services for Single Homeless People in Northern Ireland, December 2000 (reported previously in unpublished paper on Homelessness. Malachy Finnegan, Research & Library Services, 2001)

 

[xx] Ibid.

 

[xxi] A person is defined as 'threatened with homelessness' if it is likely they will become homeless within 28 days from the date they notify the NIHE of this threat. (Housing Rights Service, Housing Rights Manual Ch. 2.4, p.7).

 

[xxii] These procedures are reviewed in the previous section, on pages 2-5.

 

[xxiii] Linking to Meet the Needs of the Homeless - A Cross-border Research Project, Simon.   

 

[xxiv] For a definition, see page 3.

 

[xxv] Submission to the Social Development Committee on Homelessness in Northern Ireland, NIHE,

 

[xxvi] ibid, p.4.

 

[xxvii] Homeless Strategy and Services Review, Summary Report.  NIHE 2001, p.16.

 

[xxviii] Further details of this appeal system are given on page 5.

 

[xxix] NIHE, op. cit. p.33.

 

[xxx] Ibid, p.34.

 

[xxxi] Ibid, p.34.

 

[xxxii] Ibid, p.65.

 

[xxxiii] Homelessness Strategy and Services Review, Appendices & Annexes, NIHE, 2001,  

 

[xxxiv] NIHE, op.cit. p.34.

 

[xxxv] Homelessness Strategy and Services Review, Appendix and Annexes, 2001 Appendix 4.

 

[xxxvi] NIHE, op.cit. p.35.

 

[xxxvii] NIHE Summary, op.cit. p.9.

 

[xxxviii] Submission to Social Development Committee Inquiry on Homelessness, Simon Community, 2002.

 

[xxxix] The Housing Selection Scheme is described on page 6.

 

[xl] Submission to the Social Development Committee Inquiry on Homelessness, South and East HSS Trust/Emergency Out of Hours Service, 2002.

 

[xli] NIHE, op.cit.  p.37.

 

[xlii] The Supporting People fund will be administered by the NIHE, as it has primary responsible for many of the duties relating to housing.  This initiative aims to replace the 'current complex andunco-ordinated arrangements' relating to support services for vulnerable people. The NIHE, the Department for Social Development, the Department for Health and Social Services and Public Safety and the Probation Board for Northern Ireland are currently working together to co-ordinate and agree the amount of funding necessary to meet the administrative processes and priorities for the strategic delivery of the initiative.  The budget for Northern Ireland is estimated at £15million per annum. (NIHE 2001), p.38.

 

[xliii] Simon Community, Annual Statistics.  Brief Report - Referrals and Departures, 2001.

 

[xliv] NIHE Appendices and Annexes, op.cit. Statistics.

 

[xlv] Agenda for Action, Simon Community, p.5.

 

[xlvi] Submissions to the Social Development Committee Inquiry into Homelessness, 2002,  Simon

 

[xlvii] For example, the Young Person's Project, Craigavon and Banbridge Health and Social Service's 

 

[xlviii] 2195 young people under 21 years old presented to the Simon Community in 1999/2000, (Simon

 

[xlix] The majority of asylum seekers are not currently administered under homelessness legislation, but

 

[l] The NIHE were unable to supply actual figures for the number of acceptances from persons outside Northern Ireland as they have only recently begun to collate these statistics (Letter from DSD, 21 February 2002).

 

[li] Submission to the Social Development Committee Inquiry, NIHE February 2002.

 

[lii] NIHE, op.cit, p.45.

 

[liii] This includes Special Needs Management Allowance (SNMA) for all forms of supported

 

[liv] * Other forms of financial support vary year by year.  In total they are estimated at around £0.60m.

 

[lv] During 2000/01 64% of applications were assessed within this target.

 

[lvi] NIHE Op.cit. p.45.

 

[lvii] United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland.

MINUTES OF PROCEEDINGS
RELATING TO THE REPORT

Thursday, 8 November 2001
ROOM 144, PARLIAMENT BUILDINGS

 

Present: Mr F Cobain (Chairman)
            Ms M Gildernew (Deputy Chairperson)
            Sir J Gorman
            Mr E ONeill
            Mr M Robinson
            Mr J Tierney
            Mr S Wilson
            Mr T Hamilton

Apologies: Mr G Kelly
            Mr D O'Connor           

In Attendance:            Mr S Graham
            Mr L McLernon
            Miss F Douglas
            Ms A Montgomery

Mr Cobain took the chair at 2.23 p.m.

Private Session

5.            Housing Inquiry

The Committee discussed the arrangements for the debate on its first report on the Inquiry into Housing in Northern Ireland and agreed the terms of the draft Press Release.

The Committee also considered a letter from the Minister, dated 7 November, about the proposed Housing Bill and asked that arrangements be made for a presentation to the Committee.

The Committee discussed and agreed the proposed Terms of Reference for the next phase of the Housing Inquiry

"To investigate the extent of Homelessness in Northern Ireland, to examine current proposals in Northern Ireland for dealing with Homelessness, to conduct comparisons with England, Scotland, Wales and the Republic of Ireland, to identify models of good practice, and produce a report." The Committee agreed that written submissions should be sought by 10 January 2002 with a view to scheduling oral evidence sessions in February 2002.

The Committee agreed the Chairman should write to the Minister for Health, Social Services and Public Safety and the Chairman of the Health, Social Services and Public Safety Committee about the proposed Inquiry.

 

MR F COBAIN
Committee Chairman

[Extract]

Thursday, 6 DECEMBER 2001
ROOM 144, PARLIAMENT BUILDINGS

Present:            Mr F Cobain (Chairman)
            Ms M Gildernew (Deputy Chairperson)
            Mr E ONeill
            Mr T Hamilton
            Mr M Robinson
            Mr J Tierney
            Mr G Kelly
            Mr S Wilson
            Mr B Hutchinson

Apologies:            Mr D O'Connor

In Attendance:Mr S Graham
            Mr L McLernon
            Mrs Janette Anderson
            Miss F Douglas

Mr Cobain took the chair at 2.08 p.m.

2.         Matters Arising

            Housing Inquiry Phase 2 - Homelessness

The Committee considered a paper about the research element of the Inquiry into Homelessness and agreed, after discussion about the need for 'objectivity', that Research and Library Services should be invited to bring forward proposals to enable consideration to be given to making an appointment immediately after the Christmas recess.

Members agreed the Chairman write to the Minister highlighting the Committees deep concern at the growing level of homelessness in Northern Ireland and the urgent need for increased action to address it.

MR F COBAIN
Committee Chairman

[Extract]

Thursday, 17 JANUARY 2002
ROOM 144, PARLIAMENT BUILDINGS

Present: Mr F Cobain (Chairman)
            Ms M Gildernew (Deputy Chairperson)
            Mr E ONeill
            Sir J Gorman
            Mr T Hamilton
            Mr M Robinson
            Mr J Tierney
            Mr S Wilson
            Mr B Hutchinson

Apologies:                Mr G Kelly

In Attendance:            Mr S Graham
            Mr L McLernon
            Mrs Janette Anderson
            Miss F Douglas

Mr Cobain took the chair at 2.06 p.m.

Private Session

8.            Homelessness

Members noted the letter from the Minister, dated 8 January, indicating the Department will not be making a submission to the Committee's Inquiry into Homelessness. The Clerk confirmed that Members would be issued with copies of the written submissions which had been received in relation to the Homelessness Inquiry. Members undertook to consider the submissions in order to make decisions on 24 January about those organisations to be called to give oral evidence.

 

MR F COBAIN
Committee Chairman

[Extract]

Thursday, 24 JANUARY 2002
ROOM 144, PARLIAMENT BUILDINGS

Present: Mr F Cobain (Chairman)
            Ms M Gildernew (Deputy Chairperson)
            Mr E ONeill
            Sir J Gorman
            Mr T Hamilton
            Mr M Robinson
            Mr J Tierney
            Mr D O'Connor
            Mr B Hutchinson

Apologies:

In Attendance:Mr S Graham
            Mr L McLernon
            Mrs Janette Anderson
            Miss F Douglas

Mr Cobain took the chair at 2.16 p.m.

Private Session

8.            Housing Inquiry (Homelessness) - Written Submissions

Members reviewed the written submissions concerning the second phase of the Housing Inquiry (Homelessness) and the proposed schedule for Oral Evidence sessions.

Following discussion the Committee agreed that the majority of oral evidence sessions should be arranged at the beginning of the regular Thursday meetings of the Committee (prior to the disposal of normal Committee business) but that, where necessary, oral evidence sessions might be convened in the early part of Tuesday afternoons. Members agreed that the oral evidence sessions should commence in the week beginning 4 February with the aim of completing these sessions by 15 March. The Clerk was asked to arrange oral evidence sessions with those organisations which the Committee had selected from the list of those which had made written submissions.

The Committee further agreed that, over the next 8 weeks, it would be necessary to extend the duration of Committee meetings in order to dispose of all the business before it.

MR F COBAIN
Committee Chairman

[Extract]

TUESDAY, 5 FEBRUARY 2002
ROOM 135, PARLIAMENT BUILDINGS

Present: Mr E ONeill
            Mr T Hamilton
            Mr J Tierney
            Mr M Robinson
            Mr D O'Connor

Apologies:            Mr F Cobain (Chairman)
            Ms M Gildernew (Deputy Chairperson)
            Sir J Gorman
            Mr S Wilson

In Attendance: Mr S Graham
            Mr L McLernon
            Mrs Janette Anderson

The Committee Clerk took the Chair at 02.15 p.m. and called for a Member to speak.

Private Session

1.            Housing Inquiry (Homelessness) Research Paper.

The Chairman welcomed Alison Montgomery, Senior Researcher who presented an outline Research Paper which identified three themes, namely, Social, Legal and Financial which will form the basis of the Research document to be provided to the Committee in relation to its Inquiry. Members noted the paper and agreed the proposed format.

Public Session

2.            Housing Inquiry (Homelessness) Oral Evidence By Children's Law Centre

The Chairman welcomed the members of Children's Law Centre to the meeting at 2.27 p.m.

In attendance:            Mr Liam Mackle - Advice Line Co-ordinator
            Mrs Sandra McNamee - Training and Education Officer
            Miss Carragh McAreavy - Student Placement

Mr Mackle made a presentation to the Committee and a question and answer session followed.

The Chairman requested that the Children's Law Centre submit a supplementary written submission concerning a number of areas highlighted in the discussions.

The discussions are recorded separately in verbatim minutes of evidence.

The Chairman thanked the members of the Children's Law Centre and they left at 3.03 p.m.

3.            Housing Inquiry (Homelessness) Oral Evidence By S & E Belfast HSS Trust / Emergency
Out of Hours Service

The Chairman welcomed the members of S & E Belfast HSS Trust / Emergency Out Of Hours Service to the meeting at 3.03 p.m.

In attendance:            Mrs Jane Barry - Manager of Emergency Out Of Hours Service
            Mr Philip O'Hara - Principal Social Worker North & West Trust

Mrs Barry made a presentation to the Committee and a question and answer session followed. The discussions are recorded separately in verbatim minutes of evidence.

The Chairman thanked the members of the S & E Belfast HSS Trust / Emergency Out Of Hours Service and they left at 3.24 p.m.

MR E ONEILL, Committee Chairman

[Extract]

Thursday, 7 FEBRUARY 2002
ROOM 144, PARLIAMENT BUILDINGS

Present: Ms M Gildernew (Deputy Chairperson)
            Mr E ONeill
            Mr T Hamilton
            Mr J Tierney
            Mr B Hutchinson
            Mr M Robinson
            Sir J Gorman
            Mr D O'Connor

Apologies:            Mr F Cobain (Chairman)
            Mr S Wilson
            Mr G Kelly

In Attendance: Mr S Graham
            Mr L McLernon
            Mrs Janette Anderson
            Miss F Douglas

Private Session

Ms Gildernew took the chair at 2.09 p.m.

Public Session

1.            Housing Inquiry (Homelessness) Oral Evidence by NIACRO

The Chairperson welcomed the members of NIACRO to the meeting at 2.15 p.m.

In attendance:            Mr Pat Conway - Director of Development
            Mrs Sile McLean - Settlement Services Manager

Mr M Robinson joined the meeting at 2.19 p.m.

Mr D O'Connor joined the meeting at 2.29 p.m.

Mr M Robinson left the meeting at 3.02 p.m.

Mr T Hamilton left the meeting at 3.13 p.m.

The members of NIACRO made a presentation to the Committee and a question and answer session followed. The discussions are recorded separately in verbatim minutes of evidence.

The Chairperson thanked the members of NIACRO and they left at 3.15 p.m.

MS M GILDERNEW
Committee Chairperson

[Extract]

TUESDAY, 12 FEBRUARY 2002
ROOM 135, PARLIAMENT BUILDINGS

Present: Mr F Cobain (Chairman)
            Ms M Gildernew (Deputy Chairperson)
            Sir J Gorman
            Mr M Robinson
            Mr J Tierney
            Mr B Hutchinson
            Mr E ONeill
            Mr D O'Connor
            Mr S Wilson

Apologies: Mr G Kelly
            Mr T Hamilton

In Attendance: Mr S Graham
            Mr L McLernon
            Mrs Janette Anderson
            Miss F Douglas

Mr Cobain took the chair at 2.04 p.m.

Public Session

1.            Housing Inquiry (Homelessness) Oral Evidence by Chartered Institute of Housing (CIH)
in Northern Ireland

The Chairman welcomed the members of Chartered Institute of Housing in Northern Ireland to the meeting at 2.10 p.m.

In attendance:             Mr Kieran Walsh             -             Director Northern Ireland
             Mrs Adele Burgham             -             Policy and Professional Practice Officer
             Mr David Fotheringham             -             Head of Policy

Members expressed sympathy following the tragic fire at the Morning Star Hostel in Divis Street, Belfast and the Chairman undertook to write a letter of condolence on behalf of the Committee.

The members of the Chartered Institute of Housing made a presentation to the Committee and a question and answer session followed.

The discussions are recorded separately in verbatim minutes of evidence.

The Chairman thanked the members of the Chartered Institute of Housing in Northern Ireland and they left at 3.16 p.m.

Mr J Tierney left the meeting at 2.27 p.m.

Mr E ONeill left the meeting at 3.00 p.m.

F COBAIN
Committee Chairman

[Extract]

Thursday, 14 FEBRUARY 2002
ROOM 144, PARLIAMENT BUILDINGS

Present: Mr F Cobain (Chairman)
            Ms M Gildernew (Deputy Chairperson)
            Mr E ONeill
            Mr J Tierney
            Mr B Hutchinson
            Mr M Robinson
            Sir J Gorman
            Mr D O'Connor
            Mr S Wilson
            Mr G Kelly

Apologies:            Mr T Hamilton

In Attendance: Mr S Graham
            Mr L McLernon
            Mrs Janette Anderson
            Miss F Douglas

Private Session

Mr Cobain took the chair at 2.06 p.m.

Public Session

1.            Housing Inquiry (Homelessness) Oral Evidence by Shelter Northern Ireland

The Chairman welcomed representatives from Shelter Northern Ireland to the meeting at 2.09 p.m.

In attendance:             Mr Laurence Moffat             -             Campaign Officer
             Mr Ray Cashell              -             Committee Member

The representatives from Shelter Northern Ireland made a presentation to the Committee and a question and answer session followed. The discussions are recorded separately in verbatim minutes of evidence.

Mr E ONeill joined the meeting at 2.15 p.m.

Mr M Robinson joined the meeting at 2.15 p.m.

Mr G Kelly joined the meeting at 2.15 p.m.

Mr S Wilson joined the meeting at 2.26 p.m.

Mr D O'Connor left the meting at 2.44 p.m.

The Chairperson thanked the members of Shelter Northern Ireland and they left at 2.51 p.m.

Mr F COBAIN
Committee Chairman

[Extract]

TUESDAY, 19 FebRUARY 2002
ROOM 135, PARLIAMENT BUILDINGS

Present: Mr F Cobain (Chairman)
            Mr B Hutchinson
            Mr M Robinson
            Mr J Tierney
            Mr E ONeill
            Mr T Hamilton

Apologies:            Ms M Gildernew (Deputy Chairperson)
            Sir J Gorman

In Attendance: Mr S Graham
            Mr L McLernon
            Mrs Janette Anderson
            Miss F Douglas

Mr Cobain took the chair at 2.53 p.m.

Mr Cobain indicated that he would be vacating the Chair during the presentation and agreed by the Committee that Mr ONeill should take the Chair on Mr Cobain's departure.

In the confirmed absence of the Deputy Chairperson, the Chairman called for a Member to speak.

Mr J Tierney moved

"That Mr E ONeill do take the Chair of the Committee on it being vacated by Mr Cobain."

The Chairman asked for a seconder to the motion.

Mr B Hutchinson seconded the proposal.

The Chairman asked for any other nominations. There were no other nominations.

The Chairman put to the Members

"The question is that Mr E ONeill takes the Chair when vacated by Mr Cobain".

The Committee agreed the question.

Public Session

1.            Housing Inquiry (Homelessness) Oral Evidence by Homefirst Community Trust Antrim

The Chairman welcomed the members of Homefirst Community Trust, Antrim, to the meeting at 2.53 p.m. and apologised for the delay in beginning the proceedings.

In attendance:             Mrs Mary O'Boyle             -             Social Care Manager
             Mr David Burns             -             Senior Social Worker
             Mrs Enda Arrell             -             Senior Practitioner Addictions Team

Mr Hamilton joined the meeting at 3.01p.m.

The members of the Homefirst Community Trust, Antrim, made a presentation to the Committee and a question and answer session followed.

The discussions are recorded separately in verbatim minutes of evidence.

Mr Cobain vacated the Chair at 3.08 p.m.

Mr Cobain left the meeting at 3.08 p.m.

Mr ONeill took the Chair at 3.08 p.m.

The Chairman thanked the members of the Homefirst Community Trust Antrim Ireland and they left at 3.21 p.m.

2.            Housing Inquiry (Homelessness) Oral Evidence by Craigavon & Banbridge Community Health & Social Services Trust

The Chairman welcomed the members of Craigavon & Banbridge Community Health & Social Services Trust to the meeting at 3.22 p.m and apologised for the earlier delay in beginning the proceedings.

In attendance:             Mr Tom McGrath             -             Support & Lodging Scheme Co-ordinator
                 Mr Peader White             -             Project Team Leader

The members of the Craigavon & Banbridge Community Health & Social Services Trust made a presentation to the Committee and a question and answer session followed.

The discussions are recorded separately in verbatim minutes of evidence.

MR E ONEILL
Committee Chairman

[Extract]

Thursday, 21 February 2002,
room 144, Parliament buildingS.

Present: Mr E ONeill
            Mr J Tierney
            Mr B Hutchinson
            Mr M Robinson
            Sir J Gorman
            Mr G Kelly

Apologies:            Mr F Cobain (Chairman)
            Ms M Gildernew (Deputy Chairperson)
            Mr D O'Connor
            Mr S Wilson

In Attendance: Mr S Graham
            Mr L McLernon
            Mrs Janette Anderson
            Miss F Douglas
            Miss A Montgomery
            Mr G Harbison

Private Session

The Committee Clerk took the Chair at 2.20 p.m. and called for a Member to speak.

Mr B Hutchinson moved "That Mr E ONeill do take the Chair of the Committee"

The Clerk asked for a seconder to the motion.

Mr J Tierney seconded the proposal.

The Clerk asked for any other nominations. There were no other nominations.

The Clerk put to the Members "The question is that Mr E ONeill takes the Chair" The Committee agreed the question.

Mr E ONeill took the Chair at 2.22 p.m.

Public Session

1.         Housing Inquiry (Homelessness) Oral Evidence By Northern Ireland Housing Executive

The Chairman welcomed representatives from Northern Ireland Housing Executive to the meeting at 2.24 p.m.

In attendance:             Mr Paddy McIntyre             -              Chief Executive
             Mr Colm McCaughley              -              Director Client Services
             Mr Stephen Graham              -              Assistant Director Homelessness

Mr G Kelly joined the meeting at 2.45pm

The representatives from Northern Ireland Housing Executive made a presentation to the Committee and a question and answer session followed.

The discussions are recorded separately in verbatim minutes of evidence.

The Chairperson thanked the members of Northern Ireland Housing Executive and they left at 3.24p.m.

MR E ONEILL
Committee Chairman

[Extract]

Tuesday 26 February 2002,
Room 135, parliament buildings

Present: Mr F Cobain (Chairman)
            Ms M Gildernew (Deputy Chairperson)
            Mr B Hutchinson
            Mr M Robinson
            Mr G Kelly
            Mr E ONeill
            Mr T Hamilton

Apologies: Mr J Tierney
            Sir J Gorman
            Mr S Wilson

In Attendance:            Mr S Graham
            Mr L McLernon
            Mrs Janette Anderson
            Miss F Douglas

Mr Cobain took the chair at 2.14 p.m.

Public Session

1.            Housing Inquiry (Homelessness) Oral Evidence By The Northern Ireland Federation of  Housing.

The Chairman welcomed the members of the Northern Ireland Federation of Housing to the meeting at 2.15 p.m.

In attendance:         Alan Rea             -              Director of Housing, BIH Association
              Christopher Williamson         -              Director of NI Federation of Housing Associations
              Ms Maura McNally -              Director Dungannon & District Housing Association

The members of the Northern Ireland Federation of Housing made a presentation to the Committee and a question and answer session followed.

The discussions are recorded separately in verbatim minutes of evidence.

The Chairman thanked the members of the Northern Ireland Federation of Housing and they left at 3.09 p.m.

MR F COBAIN
Committee Chairman

[Extract]

THURSDAY 28 FEBRUARY
ROOM 144, PARLIAMENT BUILDINGS.

Present: Mr F Cobain (Chairman)
            Ms M Gildernew (Deputy Chairperson)
            Mr E ONeill
            Mr J Tierney
            Mr S Wilson
            Mr G Kelly

Apologies:            Sir J Gorman
            Mr D O'Connor
            Mr B Hutchinson
            Mr T Hamilton
            Mr M Robinson

In Attendance: Mr S Graham
            Mr L McLernon
            Mrs Janette Anderson
            Miss F Douglas
            Miss A Montgomery

Mr Cobain took the Chair at 2.14 p.m.

Public Session

2.            Housing Inquiry (Homelessness) Oral Evidence By Simon Community Northern Ireland

The Chairman welcomed representatives from Simon Community Northern Ireland to the meeting at 2.15 p.m.

In attendance:             Carol O'Bryan              -           Chief Executive
             Fiona Boyle              -              Director of Research & Development
             Mr Fergal Lynn              -              Director of Accommodation & Resettlement

The representatives from Simon Community Northern Ireland made a presentation to the Committee and a question and answer session followed.

The discussions are recorded separately in verbatim minutes of evidence.

The Chairperson thanked the members of the Simon Community Northern Ireland and they left at 3.15 p.m.

MR F COBAIN
Committee Chairman

[Extract]

TUESDAY 5 MARCH 2002,
ROOM 135, PARLIAMENT BUILDINGS

Present: Mr F Cobain (Chairman)
            Mr E ONeill
            Mr S Wilson
            Mr G Kelly
            Mr B Hutchinson
            Mr T Hamilton
            Mr M Robinson

Apologies:            Sir J Gorman
            Ms M Gildernew (Deputy Chairperson)

In Attendance: Mr S Graham
            Mr L McLernon
            Miss F Douglas

Private Session

Mr Cobain took the Chair at 2.15 p.m.

Mr Cobain indicated that he would be vacating the Chair during the presentation and it was agreed by the Committee that Mr ONeill should take the Chair on Mr Cobain's departure.

In the confirmed absence of the Deputy Chairperson, the Chairman called for a Member to speak.

Mr G Kelly moved "That Mr E ONeill do take the Chair of the Committee on it being vacated by Mr Cobain."

The Chairman asked for a seconder to the motion.

Mr M Robinson seconded the proposal.

The Chairman asked for any other nominations. There were no other nominations.

The Chairman put to the Members "The question is that Mr E ONeill takes the Chair when vacated by Mr Cobain" The Committee agreed the question.

Public Session

3.            Housing Inquiry (Homelessness) Oral Evidence by Housing Rights Service.

The Chairman welcomed representatives from Housing Rights Service to the meeting at 2.16 p.m.

In attendance:             Janet Hunter              -              Director Housing Rights Service
             Nicola McCrudden              -              Policy & Communications Co-ordinator

Mr S Wilson joined the meeting at 2.21 p.m.

Mr B Hutchinson joined the meeting at 2.25 p.m.

The representatives from Housing Rights Service made a presentation to the Committee and a question and answer session followed.

The discussions are recorded separately in verbatim minutes of evidence.

The Chairperson thanked the members of the Housing Rights Service and they left at 2.44 p.m.

4.            Housing Inquiry (Homelessness) Oral Evidence by Open Door Housing Strabane.

The Chairman welcomed the representative from Open Door Housing Strabane to the meeting at 2.45 p.m.

In attendance:             Paddy McGettigan

The representative from Open Door Housing Strabane made a presentation to the Committee and a question and answer session followed.

The discussions are recorded separately in verbatim minutes of evidence.

The Chairperson thanked Mr Paddy McGettigan for his presentation taking into consideration that it had been requested at short notice. Mr McGettigan left at 3.30 p.m.

MR F COBAIN
Committee Chairman

[Extract]

TUESDAY 12 MARCH 2002,
ROOM 144, PARLIAMENT BUILDINGS.

Present: Mr F Cobain (Chairman)
            Mr T Hamilton
            Mr M Robinson
            Mr E ONeill
            Mr D O'Connor

Apologies:            Mr G Kelly
            Ms M Gildernew (Deputy Chairperson)
            Sir J Gorman
            Mr J Tierney
            Mr B Hutchinson
            Mr S Wilson

In Attendance: Mr S Graham
            Mrs Janette Anderson
            Miss F Douglas

Mr Cobain took the chair at 2.23 p.m.

Public Session

1.            Housing Inquiry (Homelessness) Oral Evidence By Council for the Homeless (Northern Ireland).

The Chairman welcomed the members of Council for the Homeless (Northern Ireland) to the meeting at 2.25 p.m.

In attendance:             Ms Ricky Rowledge              -           Director of Council of the Homeless Northern Ireland
             Mr Tom McCann              -           Chair of Council for the Homeless Northern Ireland
             Ms Nuala Toman              -           Policy & Information Officer of Council for the
                                       Homeless Northern Ireland.

The representatives from the Council for the Homeless (Northern Ireland) made a presentation to the Committee and a question and answer session followed.

The discussions are recorded separately in verbatim minutes of evidence.

The Chairman thanked the representatives of the Council for the Homeless (Northern Ireland) and they left at 3:18p.m.

MR F COBAIN
Committee Chairman

[Extract]

THURSDAY 21 MARCH 2002,
ROOM 144, PARLIAMENT BUILDINGS.

Present: Mr F Cobain (Chairman)
            Mr E ONeill
            Mr J Tierney
            Mr T Hamilton
            Mr B Hutchinson
            Mr M Robinson
            Mr S Wilson
            Mr G Kelly

Apologies: Ms M Gildernew (Deputy Chairperson)
            Sir J Gorman
            Mr D O'Connor

In Attendance:            Mr S Graham
            Mr L McLernon
            Mrs Janette Anderson                       Miss F Douglas
            Miss A Montgomery

Private Session

Mr Cobain took the Chair at 2.13 p.m.

13.        Homelessness Research Paper.

The Chairman welcomed Patricia Casey, Roisin Kelly and Gary Andrews from the Research Department and asked Alison Montgomery, Senior Researcher to lead on the presentation of the Homelessness Research paper.

The presentations included:

n      The Legal Dimension

n      The Social Dimension

n      The Financial Dimension of Homelessness.

The Chairman thanked the Researchers for their presentations and they left at 4.20 p.m. the Committee agreed that the paper be included in the Committee's Report on Homelessness.

Mr S Wilson left the meeting at 4.20 p.m.

14.        Any Other Business

NIHE Social Development Inquiry - Homelessness

The Committee noted the letter from Paddy McIntyre Chief Executive NIHE, dated 11 March, which detailed the formal responses received to the NIHE Homelesness Strategy and Services Review Consultation document.

Members agreed that the correspondence be included in the Committee Report on the Inquiry into Homelessness.

NIAO Report 'Housing the Homeless'

The Committee noted the NIAO report and agreed to await the Public Accounts Committee response.

MR F COBAIN
Committee Chairman

[Extract]

MONDAY 22 April 2002,
In room 106 parliament buildings

Present: Mr F Cobain (Chairman)
            Mr G Kelly (Deputy Chairperson)
            Mr E Oneill
            Mr J Tierney
            Sir J Gorman
            Mr M Robinson

Apologies: Ms M Gildernew

In Attendance: Mr S Graham
            Miss K Kelly                 Miss F Douglas

Mr Cobain took the Chair at 12.46 p.m.

Private Session

4.            Housing Inquiry (Homelessness)

The Committee agreed the format for the report.

MR F COBAIN
Committee Chairman

[Extract]

THURSDAY 2 MaY 2002,
room 144 parliament buildings

Present: Mr G Kelly (Deputy Chairperson)
            Mr J Tierney
            Sir J Gorman
            Mr B Hutchinson
            Mr M Robinson
            Mr E ONeill

Apologies: Mr F Cobain (Chairman)
            Ms M Gildernew
            Mr S Wilson
            Mr T Hamilton

In Attendance: Mr S Graham
            Mr L McLernon
            Miss K Kelly                 Mr B Green

Mr Kelly took the Chair at 2.17 p.m.

Private Session

9.         Any Other Business

Committee for Employment and Learning - Housing Inquiry (Homelessness)

Members noted the letter from the Deputy Chairman Committee for Employment and Learning, dated 29 April, and the letter to Dr Esmond Birnie from the Minister for Employment and Learning, dated 16 April, in which the Minister for Employment and Learning gave a commitment to participate in the PSI working group on Homelessness.

MR G KELLY
Committee Deputy Chair

[Extract]

THURSDAY 16 MaY 2002,
room 144 parliament buildings

Present: Mr F Cobain (Chairman)
            Sir J Gorman
            Mr B Hutchinson
            Mr M Robinson
            Mr S Wilson
            Mr D O'Connor

Apologies: Mr G Kelly (Deputy Chairperson)
            Ms M Gildernew
            Mr E ONeill
            Mr J Tierney

In Attendance: Mr S Graham
            Mr L McLernon
            Miss K Kelly
            Miss F Douglas

Mr Cobain took the Chair at 2.34 p.m.

Private Session

5.         First Reading of the Homelessness Report

The first reading of the Homelessness was deferred.

MR F COBAIN
Committee Chairman

[Extract]

THURSDAY 23 MaY 2002,
ROOM 144 PARLAIMENT BUILDINGS

Present: Mr F Cobain (Chairman)
            Mr G Kelly (Deputy Chairperson)
            Mr B Hutchinson
            Mr M Robinson
            Mr S Wilson
           

Apologies: Ms M Gildernew
            Sir J Gorman
            Mr E ONeill
            Mr J Tierney
            Mr T Hamilton

In Attendance: Mr S Graham
            Mr L McLernon
            Miss K Kelly
            Miss F Douglas

Mr Cobain took the Chair at 2.15 p.m.

Private Session

8.         Any Other Business

First Reading of the Homelessness Report

Members agreed to begin the first reading of the Homelessness Report in closed session on Tuesday 28 May at 1.00 p.m.

MR F COBAIN
Committee Chairman

[Extract]

TUESDAY 28 MaY 2002,
ROOM 135 PARLIAMENT BUILDINGS

Present: Mr F Cobain (Chairman)
            Mr G Kelly (Deputy Chairperson)
            Mr B Hutchinson
            Mr S Wilson
            Mr D O'Connor
            Mr E ONeill

Apologies: Ms M Gildernew
            Mr M Robinson
            Mr T Hamilton

In Attendance: Mr S Graham
            Mr L McLernon
            Miss K Kelly

Mr Cobain took the Chair at 1.09 p.m.

Private Session

Second Report on the Inquiry into Housing in Northern Ireland (Homelessness): First Reading Draft Report

The Chairman invited the Committee to consider the first three sections of the main Report, and following discussion, the Clerk was invited to undertake a series of drafting amendments.

The Committee agreed that remaining sections of the draft Report be given a first reading at the Committee meeting scheduled for Thursday 30 May.

MR F COBAIN
Committee Chairman

[Extract]

THURSDAY 30 MaY 2002,
ROOM 144 PARLIAMENT BUILDINGS

Present: Mr F Cobain (Chairman)
            Mr G Kelly (Deputy Chairperson)
            Mr B Hutchinson
            Mr M Robinson
            Mr E ONeill
            Mr J Tierney

Apologies: Ms M Gildernew
            Sir J Gorman

In Attendance: Mr S Graham
            Mr L McLernon
            Miss K Kelly
            Miss F Douglas
            Miss A Montgomery
            Mr J McVey

Mr Cobain took the Chair at 2.16 p.m.

Private Session

7.         Draft Homelessness Report

The Committee completed the first reading of the Draft Homelessness Report and the Clerk was asked to include agreed amendments for a final reading at the Committee meeting on Thursday 6 June.

MR F COBAIN
Committee Chairman

[Extract]

THURSDAY 6 JUNE 2002,
ROOM 144 PARLIAMENT BUILDINGS

Present: Mr F Cobain (Chairman)
            Mr G Kelly (Deputy Chairperson)
            Mr B Hutchinson
            Mr M Robinson
            Sir J Gorman
            Mr E ONeill
            Mr J Tierney
            Mr S Wilson

Apologies: Ms M Gildernew
            Mr D O'Connor
            Mr T Hamilton

In Attendance: Mr S Graham
            Mr L McLernon
            Miss K Kelly
            Miss F Douglas
            Miss A Montgomery

Mr Cobain took the Chair at 2.17 p.m.

3.            Homelessness Report - Final Reading

            Mr S Wilson joined the meeting at 2.39 p.m.

The Committee conducted a final reading of its Second Report on the Inquiry into Housing in Northern Ireland (Homelessness).

Section 1 agreed.

Section 2 agreed.

Section 3 agreed, subject to the correction of minor typographical errors and the re-wording of Priority needs.

            Mr E ONeill joined the meeting at 2.42 p.m.

            Mr M Robinson joined the meeting at 2.57 p.m.

            Sir J Gorman left the meeting at 3.05 p.m.

Section 4 agreed, subject to the following amendments:

Rewording of Recommendation 2

Removal of Recommendation 3

Removal of 'urgent and' from Recommendation 4

Inclusion of 'individual' in recommendation 7 and explanation for priority need.

Inclusion of 'support' in Recommendation 9 and addition of explanation.

Recommendations 10, 11 and 12 to be amalgamated.

Include 'for the NIHE and partner organisations following 'Code of Practice' last sentence

 4.2.

Remove Recommendation 15

Recommendation 16 remove 'and adopt minimum standards' insert 'for those individuals

Dealing with the homeless.

4.4 insert explanation 'in light off'

Recommendation 25 insert explanatory sentence.

Section 5 agreed subject to the inclusion of the text from Recommendation 15 and references to financial resources and political direction.

The Committee further agreed to the inclusion of a series of annexes to the report.

Resolved: That the Draft Report should be ordered for printing, subject to amendments.

Mr M Robinson left the meeting at 3.50 p.m.

Mr M Robinson joined the meeting at 4.10 p.m.

Sir J Gorman joined the meeting at 4.14 p.m.

MR F COBAIN
Committee Chairman

MINUTES OF EVIDENCE 
RELATING TO THE REPORT

MINUTES OF EVIDENCE

Tuesday 5 February 2002

Members present:

Mr E ONeill (Acting Chairperson)
Mr Hamilton
Mr B Hutchinson
Mr O'Connor
Mr M Robinson
Mr Tierney

Witnesses:

Ms S McNamee                        )
Mr L Mackle                        )                        Children's Law Centre
Ms C McAreavy                        )

1.

The Acting Chairperson: Good afternoon, you are very welcome. If you would make a short presentation, Members will then ask some questions.

2.

Mr Mackle: I am Liam Mackle from the Children's Law Centre. Alongside me are Sandra McNamee from the Children's Law Centre and Carragh McAreavy, a student on placement who has come along for the experience. I have a written submission that I will go through and then hand copies to Members.

3.

The Children's Law Centre was established in September 1997. It is a charity employing 10 staff, and exists to help children, young people, their parents, and professionals work with and understand the laws that affect children. The centre complements existing services provided by the voluntary, community, statutory and legal sectors. Facilitating training, and working in partnerships with other agencies commit the centre to realising children's rights. We provide a comprehensive and accessible advice and information service on children's rights and the law, as it relates to children and young people.

4.

In the year from April 2000 to March 2001 some 12,694 households presented as homeless to the Northern Ireland Housing Executive. Northern Ireland experiences the highest ratio of homeless households of any other region in the United Kingdom. The equality dimension of the recent summary report of the Homelessness Strategy and Services review, produced by the Northern Ireland Housing Executive in September 2001, states that 1% of those households presenting as homeless are 16-and 17-year-olds. In 2001 the Children's Law Centre's advice service responded to 40 queries in relation to leaving home, housing and homelessness, representing some 3·9% of issues raised by our clients. In our experience, a homeless person aged 16 or 17 will experience difficulty in being assessed as homeless. It would not be unusual for a young person to be sent from their local district housing office to their local social services centre and back again without being assessed.

5.

The Children's Law Centre contends that the figure presented by the Housing Executive is not reflective of the actual extent of homelessness among 16-and 17-year-olds. The Simon Community Northern Ireland estimates that of the 2,195 young people who were presented as homeless in the year 2000, some 20% were aged 16 to 18. It is our view that it would not be an exaggeration to put the number of 16-and 17-year-olds who would experience homelessness each year somewhere between 500 and 1,000.

6.

At present, anyone over the age of 16 is entitled to present himself or herself as homeless to the Northern Ireland Housing Executive, and it has a duty to assess that person and provide a written decision on his or her housing status. People who present themselves and are assessed as being either homeless or threatened with homelessness, unintentionally homeless, or in priority need are classed as full-duty-applicants. The Housing Executive is under duty to provide accommodation to those applicants, and if no permanent accommodation is available, they may be placed in temporary accom­modation. The Housing Executive is also under a duty to temporarily house those people who present as homeless while investigations are carried out.

7.

In order to be considered a priority need, a young person aged 16 or 17 must fit in one of the six categories - they must be: pregnant; have dependent child or children; be at risk of sexual or financial exploitation; be vulnerable as a result of a mental or physical disability or any other special reason; be subject to, or at risk of, violence, or be homeless as a result of an emergency, such as a fire, flood or other disaster. It is our experience that 16-or 17-year-olds who are not pregnant, or a parent, are not considered to be a priority need unless suffering from a disability. Therefore, the Housing Executive is under no duty to provide accommodation for most 16-or 17-year-olds that present as homeless and are properly assessed. It is only under a duty to place applicants, who are not assessed as full-duty-applicants, on the general waiting list and provide information about other accommodation providers.

8.

Article 18(1)(a) of the Children (Northern Ireland) Order 1995 places a duty on each health and social services trust

"to safeguard and promote the welfare of children within its area who are in need".

9.

Article 21(3) states that

"Every authority or trust shall provide accommodation for any child in need within its area who has reached the age of 16 and whose welfare the authority considers is likely to be seriously prejudiced if it does not provide him with accommodation".

10.

At present, Northern Ireland does not have a framework for the assessment of children in need as exists in England and Wales. As a result, whether a 16-or 17-year-old, who presents as homeless to the local social services office, is assessed as a child in need and accommodated by, or on behalf of, a trust is largely determined by which trust area he or she lives in. Some trusts, such as the South and East Belfast Health and Social Services Trust, have agreed protocols with the local Housing Executive office for 16 and 17-year-olds. Any 16-or 17-year-old who presents as homeless in the south and east Belfast area is automatically referred to social services who will assess them and almost certainly class them as a child in need. If all trusts were to enter into an agreed protocol with their local Housing Executive, it would be an enormous step forward. If such protocols are agreed, it is important that all staff are familiar with the steps to be taken when 16-and 17-year-olds present themselves as homeless to either agency.

11.

Whether accommodation is provided, or assistance is given to obtain accommodation, will depend on the needs of the child as identified during the assessment. As with other provisions in the Children (Northern Ireland) Order 1995, the promotion of the child's welfare should be the paramount consideration. The wishes and feelings of the child in relation to the provision of accommodation should be given due consideration. It may be that the assessment process will show that other options, such as family reconciliation and family support, would be more appropriate for an individual child. It is the view of the Children's Law Centre that a homeless 16-or 17-year-old, who remains homeless and unable to avail of family support after assessment, should be classed as a child in need by social services. Unfortunately, it is our experience that that is not always the case.

12.

Homelessness among young people is further compounded by the lack of appropriate housing options. Temporary accommodation in hostels that cater for all age ranges would not be an appropriate placement for vulnerable 16-and 17-year-olds. Health and social services trusts and the Housing Executive often use bed and breakfast accommodation, and while useful in a crisis, it would not be appropriate for more than a few days. There is a need for the provision of more supported housing options for young people aged 16 and 17. That type of accommodation would provide a range of services aimed at assisting the young person's preparation for adulthood and independent living.

13.

The range of services could include advice and assistance in such areas as benefits and housing options, training and education, mentoring and peer education programmes, finding employment and finances. The Children's Law Centre has identified several schemes currently operating in Northern Ireland offering the type of accommodation that should be more widely available. In south Belfast, practitioners and those who have used the service have praised the Mulholland House aftercare project. The Foyer Project is currently operating in several locations across Northern Ireland, and the Mount Zion project in Lurgan and the Linencourt project in Armagh have attracted positive comments.

14.

In the joint research paper published by the Simon Community and the Housing Executive, 'Care in the Community: Housing Options for Young People Leaving Care', finding 18 reported on the type of accommodation young people identified as a favoured option. Based on their own experience of leaving care and through having identified barriers, young people recommend the development of accommodation that allows partial independence, but incorporates living with peers, support services and an environment, which allows learning through mistakes.

15.

There is much to learn about how homelessness can be dealt with effectively by directly asking those young people who experience it. Supported lodging schemes have operated in Britain for a number of years. With proper resources, such a scheme would add to the range of options available to those in Northern Ireland aged under 16 or 17. The schemes offer encouragement for householders who rent a room in their home to a young person. Householders are expected to offer advice and emotional support and generally to help the young person to acquire independent living skills.

16.

Social services staff are available to offer support and advice to both the householder and the young person. With proper text and potential providers, and the desire on the part of the young person for this type of option, such schemes would increase the range of positive options available to homeless young people. For those 16- and 17-year-olds that attempt to set up home on their own, there are added difficulties. It is not possible to enter into most legally binding contracts with persons under the age of 18. A 16- or 17-year-old will therefore find it impossible to become a tenant, and will require an adult to enter into an agreement on his behalf, which can be both dangerous and difficult.

17.

In 1997 the Simon Community and the Housing Executive launched a rent guarantee scheme. Under this scheme, the Simon Community acts as a guarantor for the young person, being liable in the case of default. The promotion and wider availability of the scheme would help those homeless 16- and 17-year-olds for whom independent living is appropriate. Housing benefit for those under the age of 25 is restricted to the cost of shared accommodation. That can very much restrict the housing options for 16- and 17-year-olds, particularly in the private rented sector.

18.

Setting up home can be very expensive. The only help currently available for young people setting up home is through the Social Fund. Housing Executive properties are let unfurnished, and the cost of furnishing a property can run into thousands of pounds. It can be very difficult for young people who are not care-leavers to obtain grants to help them set up home. When grants are made available, they are wholly inadequate and may enable a young person to purchase only the barest necessities. Benefit levels for young people are also reduced solely because of age. A 16- or 17-year-old in receipt of incomesupport or jobseeker's allowance can expect £31.95, or, in some circumstances £42, per week to live on. Such depressed levels of income can hinder young people in their search for employment and training. Maintaining a home on such a low income, as well as providing food and clothing, can often prove impossible.

19.

Shelter, a voluntary organisation operating in the field of homelessness, has recently launched a programme for use in schools. The homework programme has resources for teachers to use in the classroom. By working with schoolchildren, the project aims to educate young people about homelessness and the difficulties involved in setting up home. By inviting pupils to think about the issues involved, it is hoped that the project will help reduce youth homelessness in the future.

20.

The Homelessness Bill, due to come into effect in England and Wales in April 2002, introduces some encouraging measures. In particular, the requirement for local housing authorities to formulate a homelessness strategy is enshrined in legislation. The provision relating to specific actions which may be taken by other statutory and voluntary agencies in relation to the achievement of objectives set by the homelessness strategy is also encouraging. With adequate resources this type of joined-up approach can only improve the position of the homeless.

21.

Homelessness is a complex problem requiring a multidisciplinary and multi-agency approach. As Maurice Morrow, then Minister for Social Development, declared in summer 2001, the causes of homelessness are many, and its prevention is not something that my Department alone can achieve. It is very encouraging that the Assembly, through the Social Development Committee, has taken a keen interest in the issue.

22.

Children of all ages suffer due to homelessness, which can result from a number of factors. The main reason for homelessness among families is undoubtedly family breakdown. There is a need for more research into the effects of homelessness on children. In this submission, we have chosen to deal with issues raised by children contacting the Children's Law Centre in relation to homelessness. For too long those aged 16 and 17 who have become homeless have been overlooked. A lack of clarity about agencies' functions has meant that young people quickly become disillusioned with the help - or lack of it - available. Any strategy for dealing with homelessness must include provision for improving services for 16- and 17-year-olds that become homeless.

23.

I have put forward seven recommendations based on the submission.

24.

The Acting Chairperson: You will have an opportunity to put forward your recommendations later when Members will be asking questions. What effect will the Children (Leaving Care) Bill have on young homeless people?

25.

Mr Mackle: The Children (Leaving Care) Bill should be properly resourced. Several organisations, including First Key NI, have reservations about social services taking on the housing and social security budget, combined with their own budget. There is also the difficulty of whether there will be any extra money involved, or will it just be a movement of budgets. I have not considered the Children (Leaving Care) Bill in my submission, and I presume that the Committee will be hearing representations from First Key NI and other organisations that care for children leaving care.

26.

The Acting Chairperson: We may not. However, we would value your views if they were submitted separately.

27.

Mr Mackle: Certainly.

28.

Mr B Hutchinson: What would you include in a framework of need in Northern Ireland, if we had one? Would it tell us how to protect young people aged 16 and 17?

29.

Mr Mackle: The legislation is in place to prevent 16- and 17-year-old homeless children from falling through the net. A child who has no accommodation should come under the legislation as a child in need. However, that very much depends on which trust is involved. At the moment South and East Belfast Trust is taking the view that all homeless children of 16 and 17 are children in need.

30.

During the assessment process any framework should be looking at the whole picture concerning the young person, and contacting the family with a view to reconciliation, if that is appropriate. A trust may contact the family and the parents may say, "No, he or she can come back at any stage". Regardless of what the young person wants or feels, social services will then say that it has completed its assessment and it can see no reason why the young person cannot go home. That has happened in several cases that we have dealt with.

31.

Mr B Hutchinson: South and East Belfast Trust might be doing that, which is fair, but other trusts should be doing that also. A 16- or 17-year-old living in north and west Belfast should be entitled to exactly the same treatment as someone in south and east Belfast, Foyle or wherever. They all need equality, and need to be dealt with in exactly the same way. Is there any legislation, in terms of a framework of need, elsewhere in the UK that actually works and would fit those 16- and 17-year-olds?

32.

Mr Mackle: Yes. England and Wales have a framework for the assessment of children in need. In many circumstances the assessment of children in need will be clear. If you have a child with a severe disability, then you go through the assessment criteria relating to a disabled child. It will be clear what children fit into that criterion. It seems that 16- and 17-year-olds with no disabilities, and whose only presenting problem is homelessness - combined with other problems which may come out in the assessment - are not getting into an assessment process where everything else is then looked at, because there is no framework.

33.

Mr B Hutchinson: That is the point I am making.

34.

Mr Mackle: England and Wales have a very comprehensive framework.

35.

Mr B Hutchinson: You say that there is a clear case when the child is disabled, and that that does not become clear when the child is not disabled. Maybe a framework could be used that outlines and defines what homelessness is for 16- or 17- year-olds.

36.

Mr Tierney: You are saying that six categories are now available, and some children may not come under those criteria.

37.

Mr Mackle: Those six categories are the Housing Executive's categories for priority need.

38.

Mr Tierney: Are you saying that if 16- and 17-year-olds do not come under those six categories, there should be further legislation to allow that to happen?

39.

Mr Mackle: Yes. We would probably need only to amend the legislation. At present, the legislation says that a person would be considered to be vulnerable because of disability or some other special reason. It might require only departmental guidance to include home­lessness or age in the category of 'some other special reason'.

40.

Mr B Hutchinson: Mr Mackle may wish to think about this, and provide the Committee with an amendment to the legislation that would satisfy that provision. He could respond to that in writing.

41.

The Acting Chairperson: The Committee would welcome that.

42.

Mr O'Connor: You mentioned south Belfast. Could any encouragement be given to other trusts? Surely it is possible, at a higher level in the Department of Health, Social Services and Public Safety, the Depart­ment of Education or the Department for Social Develop­ment, to develop a cohesive Northern Ireland-led strategy that would ensure that people are not dis­advantaged because of where they live? You spoke about some of the best practices. The Simon Community have a hostel where they run a mentoring system for young people who live there and go out to work. How do you envisage develop­ing such a system, and how would you decide where it was needed? Do you envisage that as being the way forward?

43.

With regard to the joined-up approach to govern­ment, and the poverty that young people face, many people are caught in a trap where they cannot get money from benefits. I am not trying to tarnish the reputation of young people, but is something leading young people to try to get money in other ways?

44.

Mr Mackle: Yes. Money spent on vulnerable or homeless 16-and-17-year-olds is money well spent. If that money is not spent at that stage, it is almost inevitable that a homeless 16-or 17-year-old man, who has no money to live on, will drift into criminality. We may cost ourselves money further down the line because it is more expensive to keep a 25-year-old in prison than it is to provide accommodation and support services for a 16-or 17-year-old homeless person.

45.

With regard to the framework for assessment, and the different ways that it works in different areas, the Simon Community operates several hostels in various locations. Someone in Bangor may be in the same position as someone in Newry, but unlike Newry, Bangor has a Simon Community hostel. The Simon Community will take self-referrals from 17-year-olds, so provided that they live somewhere where the Simon Community has accommodation, they will at least have somewhere to go. Some trusts take the view that if they consider a homeless 16-year-old to be a child in need, they would open the floodgates and every 16-year-old would be looking for accommodation. However, if the Committee has read the report on the causes of homelessness in this age group, it will know that that is a very big step for any 16-or 17-year-old to take. There is no possibility that social services would be swarmed with 16-year-olds looking for accommodation and £30 per week.

46.

Mr O'Connor: You have spoken about the Simon Community and the rent guarantee scheme. Is there any way that scheme could be expanded? It would not necessarily have to be done by the Simon Community. Who would be the best people to sponsor such a scheme or to help young people if the possibility of a rent guarantee scheme was to be considered?

47.

Mr Mackle: The Housing Executive, the Simon Community, social services, and all agencies that young homeless people would consider to be a first port of call, should be aware of the rent guarantee scheme, how it operates, and its availability. The scheme was launched in 1997, and it has only been used in 200 cases since then. Very few of those cases were 16- and-17-year-olds. The scheme has been very underused.

48.

Mr O'Connor: What are your thoughts about the current proposals to withdraw housing benefit from people who are living in hostels?

49.

Mr Mackle: There would be big repercussions for the provision of hostel accommodation in the North. Many hostels, for example, the Simon Community hostels and Women's Aid hostels, rely on their income from housing benefit to keep them going.

50.

Mr O'Connor: How devastating do you think the loss of housing benefit would be?

51.

Mr Mackle: Very devastating. It would all but close many of the hostels. A lot of money has been invested in new schemes such as the Foyer Project in Lurgan and Armagh, which offer very good services, but withdrawal of housing benefit would have a devastatingeffect. Those projects cannot swim alone, and they need the income from housing benefit to survive.

52.

Mr O'Connor: All in all, everybody is doing good work. Is there is a need for somebody to co-ordinate all that good work?

53.

Mr Mackle: Yes.

54.

Mr O'Connor: Who should that be?

55.

Mr Mackle: The children's commissioner will go a long way to ensure that all Government Departments and agencies work for the benefit of children.

56.

Mr Hamilton: Can you give some examples of the circumstances that result in someone being classed as intentionally homeless? Perhaps you could outline your organisation's strategy and list your recommendations. Do you have any recommendations that you would like to see incorporated in the Housing Bill with regard to this particular issue?

57.

Mr Mackle: An example of someone who is intentionally homeless would be a young person who has had a placement, or several placements, and has abused them. That person might have been placed in a hostel and abused that placement. Many hostels have very tight regulations with regard to smoking and drinking, and that young person might have abused that rule and lost the placement. Social services and the Housing Executive will usually give young people several opportunities before deciding that they have come to the end of the road, that there are no placements left. Those are the only circumstances that would leave somebody intentionally homeless. Someone who leaveshome, due to difficulties in the family home, would not be classed as intentionally homeless.

58.

Mr Hamilton: Are those people classed as intentionally homeless at the moment?

59.

Mr Mackle: They are not classed as intentionally homeless - they are classed as not in priority need. They get over the "intentionality" hurdle, but fail on the priority need hurdle.

60.

Mr Hamilton: Your organisational strategy seems to suggest that the folk who end up as being classed intentionally homeless are people who have had several chances, but for one reason or another - through abuse of the system or the regulations - end up intentionally homeless. How do you deal with people who are at that end of the scale?

61.

Mr Mackle: Social services find it difficult to help 16- and 17-year-olds with behavioural difficulties who are in that situation, and it also causes problems for the community they live in. Our charity is very small, so all we can do is direct them to the relevant service that should be able to help them. Unfortunately, some young people exhaust all their opportunities, so when they turn 18, people's responsibility will evaporate, and they are left then to do their own thing.

62.

Mr Hamilton: Are there any changes or recommendations that you would like to see in the Housing Bill with regard to the intentionally homeless?

63.

Mr Mackle: Not in relation to the intentionally or unintentionally homeless, but in relation to priority need, which is where we see 16- and 17-year-olds slipping through the net. That comes back to changing the existing housing order and extending the priority need categories to include vulnerability due to age, so that 16- and 17-year-olds automatically qualify as full duty applicants. That then raises difficulties, because at 18 years old the situation changes.

64.

Mr Hamilton: Could classifying all 16- and 17-year-olds who are, or who become, homeless as priority needs have the detrimental effect of pushing other people down the scale? Would it reduce their chances?

65.

Mr Mackle: Not if, as I mentioned earlier, the type of accommodation available for 16- and 17-year-olds is suitable to guide them and build them up towards other accommodation in adulthood, and to get them through that important vulnerable stage.

66.

Mr Tierney: It is also the case that if the offer is refused, or if they leave accommodation voluntarily rather than abusing the facility, they are classed as homeless. Are you happy for the Housing Executive to carry out an assessment, so long as the other agency is involved?

67.

Mr Mackle: Social services take the primary responsibility for assessing the needs of 16- and 17- year -olds. They are still children and fall within the Children's (NI) Order 1995. However, the Housing Executive should take primary responsibility for the provision of accommodation, and the payment for accommodation through the housing benefit scheme. The two agencies must work closely. The advantage in England and Wales is that housing and social services are under one local authority. In Northern Ireland the agencies are separate and often each does not know what the other is doing.

68.

Mr Tierney: I understand your point, but given the need, one agency must determine if they are homeless under whatever category.

69.

Mr Mackle: The Housing (Northern Ireland) Order 1988 and the Children's (Northern Ireland) Order 1995 may need to be examined together. Sixteen- and 17-year-olds are possibly a special category and do not fit into the other categories of homeless person. They are children in need of accommodation.

70.

The Acting Chairperson: Much of the debate on the 16- and 17-year-old category concerns the definition of homelessness and, consequently, the criteria used to judge that. If you were asked to redefine home­lessness, could you put particular emphasis on any category to reflect more accurately the condition of home­lessness as you see it?

71.

Mr Mackle: The Committee should take a wider view of homelessness, and should not use the statutory definition of a homeless person as someone who is not intentionally homeless and who is in priority need. When homelessness was considered in the English legislation there was a very wide remit. There was an extensive list of all persons falling into the category of homelessness - the actual homeless, the hidden homeless, families, parents and young people. The Committee should examine a wide definition of homelessness.

72.

The Acting Chairperson: You can now read your recommendations for the record.

73.

Mr Mackle: I have seven short recommendations. The first is a requirement for health and social services trusts and local Housing Executive offices to agree protocols and assessment procedures for 16- and 17- year- olds who present as homeless to either agency. Designated officers in each agency should be tasked with ensuring that protocols operate effectively and that information is available to young people on services in each trust area. There should be a review of the priority need categories in the existing homeless legislation in the Housing (Northern Ireland) Order 1988. This review should consider the extension of the priority need categories to include vulnerability due to age so that homeless 16-and 17-year- olds can become full duty applicants.

74.

Clear assessment criteria should be introduced for use by health and social services trusts when considering whether a child is in need, and that criteria should be uniform across all trusts. There should be increased provision of accommodation options for homeless 16and 17 year olds. This should include not only an increased number of suitable options, but also an increased range of options. There should be a review of the housing benefit scheme to look at removing that age differentiation which significantly reduces the accommodation choices of those under 25. There should be a consideration of benefit levels for young people and the lack of assistance available to young people to establish a home. Finally, there should be promotion of the rent and deposit guarantee schemes throughout Northern Ireland.

75.

The Acting Chairperson: The Committee will be grateful for your response to the two items we have asked you to look at further. Several times in the definition you compared the existing legislation here with the United Kingdom. Could you also draw out the differences in the legislation, as you see them, between here and there, which would be helpful to the Committee as a contrast. Thank you all for coming along.

MINUTES OF EVIDENCE

Tuesday 5 February 2002

Members present:

Mr ONeill (Acting Chairperson)

Mr Hamilton

Mr B Hutchinson

Mr O'Connor

Mr M Robinson

Mr Tierney

Witnesses:

Mrs J Barry    )                     North and West Belfast Health and                                        Social Services Trust

Mr P O'Hara  )                     Principal Social Worker

76.

The Acting Chairperson: You are very welcome. You will have 10 minutes for an introductory presentation to complement your submission, and then Members will ask some questions.

77.

Mrs Barry: Good afternoon. I am Jane Barry, the manager of the out-of-hours emergency duty social work team, and Philip O'Hara is the principal social worker responsible for the team's operational arrange­ments. I thank the Committee for giving us the opportunity to talk about our service. My presentation will broadly follow the content of my written submission with some extra detail added for your information.

78.

The emergency duty team was established in July 2000 to provide a comprehensive out-of-hours emergency social work service for health and social services trusts in the Eastern Health and Social Services Board area. The team consists of eight full-time office-based pro­fessionally qualified social workers, and we can also access the services of 12 locum social workers contracted to the team. North and West Belfast Trust has the highest number of referrals to the out-of-hours service, and as a result it has been tasked with the operational management of the service. The service is available to all members of the public, all statutory agencies and other organisations in the Eastern Health and Social Services Board area where circumstances require an immediate response to fulfil statutory duties of the four trusts. 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.

79.

The service is based at Knockbracken Healthcare Park. Contact with 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, and its location is not publicised. The service operates from 5 pm to 9 am each weekday, with 24-hour cover on weekends, bank holidays and public holidays. In providing the service, we have two to three social workers on duty at the office base from 5 pm to 1 am, while one social worker is on call from home between 1 am to 9 am. Contact with the service is by telephone, and the telephone number is publicised within the four trusts, the Northern Ireland Housing Executive and the Social Security Agency.

80.

Until 1988, social services held the statutory responsibility for homelessness. However, with the introduction of the Housing (Northern Ireland) Order 1988, this responsibility was statutorily transferred to the Housing Executive. It was agreed at that time, betweenthe Housing Executive and the social work directors of the four trusts, that the out-of-hours provision in relation to homelessness would continue to be provided by social services on behalf of the Housing Executive. The rationale for this decision was based on the fact that social services already had the mechanism in place to deliver the service, and that homelessness accounted for only approximately 2% of calls to the out-of-hours service. There were also financial implications for both the executive and the Trust if the Housing Executive had had to set up a separate out-of-hours service.

81.

In providing such a service to homeless people, the emergency duty team (EDT) fulfils the Housing Executive statutory responsibility under the Housing (Northern Ireland) Order 1988, which requires the executive to ensure accommodation is made available to certain groups of homeless people. The emergency duty team will make an assessment in relation to all out-of-hours requests for accommodation from persons 18 years and over and their families under articles 3 and 6 of the Housing (Northern Ireland) Order 1988. Single adults who are not assessed as vulnerable under the legislation are provided with advice and information to help them secure accommodation. Single adults who are assessed as vulnerable under the legislation, which is; those suffering from mental and physical disability, risk from violence at home, elderly persons, those subjected to intimidation, pregnant women, and those homeless due to an emergency, will be found accom­modation by the team and transported, if necessary, to that accommodation. In the case of families with dependent children, accommodation will again be secured and transport to that accommodation provided.

82.

The emergency duty team can only provide temporary accommodation until the next working day, when the matter is referred to the Northern Ireland Housing Executive. The emergency duty team can access placements in hostels, bed and breakfast accommodationand hotels. The Housing Executive pays for all accom­modation provided by the emergency duty team to clients eighteen years and older, and their accompanying children. The number of homeless referrals to the team between September and December 2001 is included in my written submission. Approximately 30% of single adults and families who contacted the service were provided with accommodation by the team. The remaining 70% were given advice or the telephone number of self-referral hostels, or declined the accommodation offered by the team.

83.

As well as providing a service in relation to homelessness for adults, the emergency duty team is also statutorily obliged to provide accommodation for those between 16 and 18 years under article 21, paragraph 3 of the Children (Northern Ireland) Order 1995. Homelessness in the 16 to 18 year age group is an expanding area of work for the team, and increases in the number of homeless young persons has also been noted by the Simon Community. It is concerning that recent research indicates that almost a quarter of young care leavers were homeless at some stage in the six months immediately following their leaving care. The emergency duty team would find that a substantial number of referrals for accommodation within this age range come from young people with a care history. The figures of referrals made to the team during September to December of last year can be found in the written submission; the emergency duty team would accom­modate approximately 40% of referrals in this age group made to the team. The remaining 60 % of young people who have contacted the team with regard to homelessness received counselling or direct intervention that permitted them to return to their families. Otherwise, they did not accept the placements offered to them by the team. It is important to note that the majority of 16-year olds accommodated by the team are housed in bed and breakfast accommodation, as most hostels will not accept young people under the age of 17. The placements made for this age group are financed by the health and social services trusts.

84.

While the emergency duty team is providing a high standard response to homeless people it seems that the service provision could be enhanced. Details on how this could be achieved are contained in the written submission. A more integrated response to home­lessness by the Northern Ireland Housing Executive and the social services trusts would provide a more seamless service for those adults and young people who find themselves homeless. A dual financial and operational commitment to the out-of-hours provision for homeless people would bring about a sharing of information and expertise, ensuring that people receive a responsive, well-informed service and are placed most appropriately according to their needs.

85.

An assessment of the current accommodation provision, and how this is meeting the needs of homeless persons, could inform future planning for homeless provision, offering improved access for homeless people to a wider range of accommodation options. This could allow for the development of more specialist accom­modation for those people with special needs, such as those suffering from mental health problems, young persons and families.

86.

The Deputy Chairperson: It is clear from the written submission and your oral presentation that, from your point of view, there is considerable difficulty due to the lack of joined-up co-operation between the EDT and the Housing Executive. When you talk about an integrated approach between the Housing Executive and the team, what kind of specific arrangements do you mean? Are you talking about Housing Executive staff being available for out-of-hour services, for example?

87.

Mrs Barry: That would be helpful. Emergency duty teams in England have access to somebody from the local authority housing department. If a homeless person approaches them they can contact the person on call. There needs to be commitment to providing a service from both the trusts and the Housing Executive. They must be involved equally, and their roles and responsibilities must be clarified. Our out-of-hours service has little input from the Housing Executive in relation to the work that we are doing. We get little feedback about the appropriateness of our assessments of our clients' vulnerabilities, which concerns me. We are doing what we think is correct.

88.

Mr ONeill: You do not have all the information, which is quite frightening - particularly in relation to the possibility outlined in the submission that vulnerable people could be placed beside those who may want to exploit their vulnerability. The Committee will have to take cognisance of including this recommendation.

89.

Mr Tierney: It seems that what you are suggesting is a bit of common sense. Has there ever been a meeting with the Housing Executive in order to make those suggestions? I cannot envisage the Housing Executive objecting to members of its staff being on call. In some cases I believe that members of the EDT contact people in the Housing Executive when someone comes to them - to find out what is available for that person. I also believe that the Housing Executive would have no problem with that. Have you put these points to the Housing Executive, and sought its co-operation on things that need to be done?

90.

Mrs Barry: I have discussed the issue of accessing out-of-hours placements with the Housing Executive. The EDT can access a manager by going through the housing repair service, in some cases. However, that would be an informal, ad hoc arrangement, and there is room for a more formal arrangement.

91.

Mr O'Hara: The development of an out-of-hours social work service is relatively new to the Eastern Health and Social Services Board. We have been operating for a year and a half now, and over the next month we plan to have a formal review of the service. We have arranged for an inspector, who has developed similar services in England, to come over and guide us in developing the service. Within that context, I see scope for a more formal mechanism of consulting with the executive to develop that service. Within our own trust we are meeting at a senior level with the executive about a variety of issues, which have been touched on in previous presentations. My responsibility will be to raise the issues that Mrs Barry has brought up about the out-of-hours service.

92.

The Acting Chairperson: Is it an out-of-hours service only, which you are providing, and during normal hours, the Housing Executive provides this? Are you satisfied with that aspect, or would you prefer that joint approach applied to both services?

93.

Mr O'Hara: This relates to some of the previous presentations about homelessness among those less than 18 years old. It is essential that there is joined-up thinking, with more co-operation between the Housing Executive and social services trusts. I have not consulted with my colleagues about this, but I would imagine that social services would not want to revert back to pre-1988, when we were responsible for homelessness.

94.

The Acting Chairperson: Would you like to see a joint approach all the time?

95.

Mrs Barry: Yes, particularly with regard to vulnerable groups of people, such as young persons and those who suffer from mental health problems. Research has indicated that between 30% and 50% of homeless persons suffer from a mental health problem. We have to look at the types of accommodation that we are providing. If we had a review of the current arrangements, we could look at what the future needs are, and use that to inform our future provision for the vulnerable groups.

96.

Mr Hamilton: In your written submission you state that a violent offender could end up being placed in bed and breakfast accommodation alongside children because your service does not have access to information held by the Housing Executive. Have you approached the Housing Executive on this matter with a view to gaining access to the information? If you have, what reasons are given by the Housing Executive for not permitting you access? I am concerned that vulnerable people are placed at more risk because one group cannot get the relevant information.

97.

Mrs Barry: We have spoken to the Housing Executive about getting more information about clients. On occasions, we have received phone calls from them to alert us that a person may attempt to access our service and for a particular reason it is not felt suitable to house them in a certain type of accommodation. That sometimes happens.

98.

However, given the use of computers and databases, there should be a more formal way for us to access information about the particulars of an individual and about the placements available at any one time. It is difficult for us to access the placements. There may be several hundred homeless placements, but by five o'clock in the evening the chances are that most of those places have been filled, and we are dealing with a limited number of placements.

99.

Mr Hamilton: Has the Housing Executive given you any reasons for not allowing you to have the information that you need?

100.

Mrs Barry: We have not actually asked for a reason. We do not have meetings with the Housing Executive to bring up the sorts of issues that arise out-­of-hours. As Mr O'Hara explained, this is a new service, and this work accounts for about 10% of the team's total work. There are many areas that we need to examine, and that is definitely one of them.

101.

Mr Hamilton: Would you recommend that the Committee should consider incorporating a mechanism for sharing information into the Housing Bill, to make information sharing compulsory?

102.

Mrs Barry: It can benefit the person we place if we have access to up to date information about the difficulties that person has had. For example, a person who has problems with alcohol may have had difficulty in obtaining a placement, and, therefore, some places would be better than others for that person. If we had that sort of information, we could make better choices of accommo­dation for the individuals we are dealing with.

103.

Mr B Hutchinson: The out-of-hours work that you do is very valuable. Many people find themselves homeless after hours for different reasons, including civil disturbances. How effective are the existing arrange­ments, and what changes are needed to bring the levels of homelessness down?

104.

Mr O'Hara: Do you mean within the out of hours team?

105.

Mr B Hutchinson: No. I know that you provide an out-of-hours service, but the question applies to the effectiveness of existing arrangements and measures to reduce homelessness in general.

106.

Mr O'Hara: I was interested in Mr Mackle's presentation on youth homelessness. Wearing my other hat, I have responsibility for residential childcare in north and west Belfast, and there is an obvious interface between aftercare and homelessness. I would like the issues that we have discussed today to be developed - the Housing Executive initiatives, uniform assessments of children in need, and the partnerships that we can enter into with voluntary agencies such as the Simon Community and Mulholland House aftercare. There should be a range of provisions for vulnerable young people, from supported hostel accommodation, with our staff on duty 24 hours a day to help young people, to the more independent type of provision that we have talked about. Our response would be focused around young people's provision and a variety of provisions.

107.

Mr B Hutchinson: You probably know about the provisions in your own area, but are such places available across Northern Ireland?

108.

Mr O'Hara: The services are limited and patchy across Northern Ireland. There is emerging need, and the figures that we have show that, between our trust and the local Housing Executive offices in districts four, five and six, there are 40 referrals of people under 18 years of age per month. We must examine what provision is on offer at present, and plug any gaps in it.

109.

Mr B Hutchinson: Who would provide the units?

110.

Mr O'Hara: North and West Belfast Trust intends to provide accommodation and aftercare for the more vulnerable young people who need structured support. At the other end of the continuum, we will have a unit for the more independent people. Therefore, there will be a range of providers, from the social services trust at one end of the scale to the voluntary agencies and independent accommodation at the other end. We are talking to Mulholland House aftercare and entering into partnership with the Simon Community to provide hostel accommodation in north and west Belfast. However, we need more accommodation.

111.

The Acting Chairperson: What about the other health board areas?

112.

Mr O'Hara: I cannot comment on what is available in other board areas. I could try to get such information through the trust, but my focus is on the out-of-hours team and the North and West Belfast Trust.

113.

The Acting Chairperson: Do you know if they provide a similar service?

114.

Mr O'Hara: They are developing an out-of-hours service.

115.

Mrs Barry: The Southern Board and the Western Board use the same type of system that we were operating before our team was created - that is, a group of social workers who elect to be on a rota to receive phone calls from the public. If it were assessed that a visit had to be made, they would have a panel of social workers that they could contact. The Northern Board currently operates that system, but it is looking towards developing a team similar to ours.

116.

Mr O'Connor: When you began to develop your service, did you look at other models and what other people were doing, or did the service develop itself to meet the needs that were coming in?

117.

Mrs Barry: Both. The numbers of contacts to the service made it clear that it could not continue with one person answering telephone calls for a whole board area. Therefore, we had to look at different ways to bring about the same service more effectively. Research was carried out on different teams in England and Scotland. The formation of EDTs is widespread in England - most have been going for about 17 to 20 years. We were able to get much information there, and our system would be set up broadly similar to those.

118.

Mr O'Connor: We all want to develop the best possible service for the people of Northern Ireland. In our different board and trust areas the type of service provided to someone is dependent on where they live because of geographical difference. To take that a stage further, if we were looking at a review of public administration where there may be an amalgamation of boards in the future, how do we develop one clear strategy - not one for the Southern Board or one for the Northern Board - to provide an out-of-hours service to the people of Northern Ireland, that can access information regarding that person to help them? If you access that information, there obviously must be some protection of the information obtained. How would you envisage what you are doing expanding right across Northern Ireland, creating a delivery of service that can meet the needs of the whole community but not disadvantage anybody because of where they currently live?

119.

Mr O'Hara: Your point is well made. In the Eastern Health and Social Services Board area, we feel the service that we have developed is the most appropriate way forward. We are reviewing the out-of-hours social work service for the Eastern Board. We have invited the one expert that we could get our hands on in Great Britain to come across and give us some guidance and support as to how services have developed across the water. We have invited the Department to that review. We would hope to see similar teams develop in the Southern Board and Northern Board areas. Representatives from those boards are also coming to the review, so we will have a uniform service.

120.

Mr O'Connor: This maybe slightly different, but we all have this emphasis on going to see how things are done in England. Have you ever looked to see what is happening in south Dublin or a similar area? There can be different problems and legislation, but I am referring to how best we can meet peoples' needs.

121.

Mr O'Hara: I still feel that a dedicated team set up to respond to out-of-hours issues is the most effective way forward to meet the needs of the people of the Eastern Board area.

122.

Mrs Barry: I was not involved at the establishment of the service. However, in relation to the South of Ireland, I have been in contact with different social services there to find out about their out-of-hours provision. It seems to be much more based on the system that we used to have, and they are also looking at how best to provide that.

123.

The Eastern Board out-of-hours service is getting quite a lot of attention from other trusts and boards recently because they are interested to see how it works. We are at the early stages of setting up our team, but we are already receiving very positive comments about it. An initial survey of service users was very positive, and we hope to build on that. We are currently arranging links with each board, to look at what each board is doing. Sharing of information and expertise is very important and we can all learn from it. It will hopefully bring all services up to a better standard.

124.

Mr O'Connor: It is very important to talk to other boards. In Mr Mackle's presentation he mentioned that young homeless people in south Belfast were all classed as children in need, which helped with applicant points for homeless young people. That is one example of where a co-ordinated approach between all boards could deliver a better service. There are shortcomings with all services - it is the nature of it. It is sometimes difficult to get something done at 3 am. Rather than having services in Knockbracken, Ballymena, or wherever, each trying to do a little bit, could there be an overarching team? The Southern and Northern Boards could each provide three people, and a central overarching unit couldspecifically deal with that type of service.

125.

Mr O'Hara: That may come out of the current review. Other boards have been invited to the formal review, at which the Department of Health, Social Services and Public Safety will also be represented. However, I am not sure about the logistics of a social worker responding from Knockbracken to a problem in Newry. We picked Knockbracken because it is quite central to the Eastern Board area, with quick access to the motorways and the Westlink. We are able to respond quite quickly to emergency calls, and can get to most referrals within 30 minutes. As regards personal contact, we must be able to respond quite quickly. However, we could look at some form of overarching service as part of the review between the four boards.

126.

Mr O'Connor: You could even look at co-ordinating the service, rather than an "on-the-ground" thing.

127.

The Chairperson: Thank you for your views. The Committee is collecting evidence to help form recommendations that the Committee will want to see included in legislation. Some issues that the Committee has dealt with will not be legislated for, but they will appear in the practice guides that will be issued as a result of the legislation. In that sense, it is valuable to hear your evidence.

MINUTES OF EVIDENCE

Thursday 7 February 2002

Members present:

Ms Gildernew (Deputy Chairperson)

Sir John Gorman

Mr Hamilton

Mr B Hutchinson

Mr O'Connor

Mr ONeill

Mr M Robinson

Mr Tierney

Witnesses:

Mr B McMullan                        )

Mrs S McLean                        )                        NIACRO

Mr P Conway                        )

128.

The Deputy Chairperson: You are very welcome; may the Committee hear your evidence.

129.

Mr Conway: I am Pat Conway, director of de­velopment and communication with the Northern Ireland Association for the Care and Resettlement of Offenders (NIACRO). Síle McLean is our resettlement manager, and Barry McMullan is our advice officer.

130.

NIACRO is not an accommodation provider, but we take an interest in accommodation issues through our work in the criminal justice system. We have close working relationships with other organisations that act as providers: the Housing Executive, EXTERN, the Simon Community, the Salvation Army, and the Probation Board for Northern Ireland.

131.

NIACRO is a non-governmental organisation that provides services in five operational areas: training, resettlement, crime prevention, families, and youth justice. Our interest in accommodation stems from various sources. It is obvious that a person who is homeless is more likely to be driven into crime. As we are particularly interested in crime prevention, we are concerned that homelessness issues be sorted out sooner rather than later. A homeless person may turn to crime to get money to live.

132.

In our annual report we list the five areas that we must address when trying to resettle individuals who have been through the criminal justice system, and if possible before they reach it. These are finance, accommodation, employment and training, behavioural programmes for those engaged in criminal activity, and welcoming social networks. Tackling those five areas will reduce crime and will reduce the number of victims of crime. In all its work, NIACRO attempts to reduce crime and the number of people affected by it.

133.

Mr McMullan: My name is Barry McMullan, and I am the advice officer in the family services unit of NIACRO. I offer information and advice to prisoners' families. I also work at Hydebank Young Offenders' Centre, HMP Maghaberry and HMP Magilligan. I work with prisoners at different stages of imprisonment - on remand, during their sentence and before release.

134.

Much of my work focuses on housing. Regardless of the offence, remand is a very confusing and stressful time. At that point it is important that information and advice on welfare rights, benefit support and housing rights is available.

135.

When a person is remanded he worries about how he will pay mortgage or rent now that he has lost his income Remand prisoners are entitled to claim and to receive housing benefit for up to 52 weeks. Housing benefit will be paid from the date that one enters prison. However, homeowners cannot apply for housing benefit because they do not pay rent; they can, however, apply for income support.

136.

A homeowner who pays a mortgage can apply for income support for help towards housing costs. The problem with applying for income support is that no help with housing costs will be paid until week nine of one's incarceration. For the following 18 weeks only half the eligible housing costs will be paid. A remand prisoner who rents accommodation in the private or voluntary sector will have all his housing costs met without question, but a homeowner will be penalised. A homeowner will inevitably run into debt and risk losing his accommodation. We help in negotiations with the mortgage lenders to gain a breathing space.

137.

A person who is sentenced in the community - in other words, one who has not spent any remand time and whose sentence is less than 13 weeks - may claim housing benefit for private rented accommodation while in prison. A person whose sentence is more than 13 weeks, even a day over 13 weeks, is not entitled to housing benefit. Homeowners who are sentenced receive no help during their sentence; they are penalised. However, homeowners may cut their losses by putting their house up for sale, as they may face repossession. Alternatively, they may rent the house out. I advise them to contact a solicitor or an estate agent to arrange to do so if they want to hold on to their accommodation.

138.

Tenants who receive a lengthy sentence and who are not entitled to housing benefit may be under pressure to terminate the tenancy, especially Housing Executive tenants. If they terminate their tenancy voluntarily, they will face a problem on release because the Housing Executive will deem them inten­tionally homeless and therefore not a priority for rehousing.

139.

Tenants who must give up their property because of imprisonment often find that storing their belongings can be a problem. The Housing Executive can offer no help, except in cases of intimidation. Individuals often lose all their personal possessions as well as their property and furniture. The landlord will dump everything unless the tenant can make alternative arrangements with family or friends. The cost of storage is often a problem.

140.

We assist prisoners in making applications to the Housing Executive for accommodation in preparation for release. Under the present system, an application will be posted to the district office near the prison. For example, for the young offenders' centre it will be Church Road, Dundonald, for Maghaberry it will be Lisburn Housing Executive District Office and for Magilligan it will be Limavady. Unfortunately, it will lie in the office without assessment, regardless of the amount or detail of information that is included. A prisoner has zero points and is persona non grata until he returns to the community. However, article 3(6) of the Housing (Northern Ireland) Order 1988 states that if a person is threatened with homelessness, or will be homeless within 28 days, the Housing Executive has a duty to carry out an assessment of need. That is not happening.

141.

We advise ex-prisoners who approach the Housing Executive for accommodation to do so under the Housing (Northern Ireland) Order 1988. The Order sets out three tests: a person must show that he or she is homeless; that he or she has a priority need based on personal circumstances; that he or she is not intentionally homeless. All released prisoners are tarred with the same brush; they are classed as intentionally homeless, regardless of their circumstances. We have challenged some of the Housing Executive's decisions in order to get a decision about "intentionalities" reversed, because the Housing Executive has not considered personal circumstances.

142.

Under the present housing selection scheme, a person who is not regarded as a full-duty applicant under the Housing (Northern Ireland) Order 1988 may get additional points. One of the categories is release from prison. However, different districts employ differentpractices - there is no uniformity or consistency of approach for ex-prisoners.

143.

There are also disqualification criteria. An ex-prisoner who has rent arrears of more than four weeks can be disqualified from the waiting list unless an agreement is made to repay the arrears. Where ex-prisoners have entered into agreements to repay and are making repayments out of their benefits or other income, the Housing Executive adds the stipulation that they must pay a substantial amount of the arrears before they are offered accommodation. That is not in the legislation. That practice is employed in district offices, but there is no legislative base for demanding that a substantial amount of arrears must be repaid before accommodation is offered.

144.

Mrs McLean: NIACRO, which is a voluntary organisation, has discussed resettlement issues with the Prison Service and with the Probation Board, and with the support of the Department for Employment and Learning, it has made joint proposals to the European Union. It has secured equal funding to initiate a small project, which will begin to meet the needs of people on release from prison in a more coherent way. It will also target prison resources more towards preparation for release. NIACRO's objective is to improve the employ­ability of ex-prisoners to help them to get jobs. However, ex-prisoners face many difficulties when trying to secure accommodation.

145.

There are particular problems in rural areas when a prisoner cannot return to the family home. That is made more difficult if the person has been convicted of sex offences. Finding accommodation for such people is very difficult for communities and organisations. It is important to acknowledge that there are many different kinds of sexual offence. The need to assess risk is being addressed through interagency co-operation. However, NIACRO wants to draw the Committee's attention to the issues of accommodation and of supporting people when a sex offender returns to a community. These are particular difficulties that the Housing Executive and the Probation Board face.

146.

NIACRO also has concerns about young people. Young people who come through the care system are occasionally accommodated by social services. However, if they begin to offend and if their behaviour goes out of control, there can be real difficulties in finding them suitable alternative accommodation. They are not accommodated in the care system, and they are not old enough to have independent accommodation. Nor would that necessarily be suitable for them because sometimes when they obtain flats, their friends stay with them and the flats can become a focus of anti-social behaviour in the community. There is a real need to solve the problems of young people who need support but who, for one reason or another, cannot live at home.

147.

Resettling people with mental health problems also gives NIACRO cause for concern. These include those who have been diagnosed and who receive treatment for mental illness as well as those whose mental health problems have been induced by addictions and those whose needs are not addressed by the psychiatric services - such as those who have personality disorders. Those people are now less likely to be hospitalised. Community care arrangements and accommodation arrangements present a real challenge to all the organisations involved. I want to acknowledge that our sister organisation, EXTERN, has been working in Belfast to establish a homeless support team, and that has taken several years. The problem is evident across Northern Ireland.

148.

I particularly want to highlight the needs of women. Although fewer women are in custody in Northern Ireland they do have accommodation needs. One difficulty is that the self-referral hostel provision is used pre­dominantly by single males. It is therefore not always appropriate for vulnerable young females who have been involved in offending behaviour to be accommodated in such hostels.

149.

There is also a stigma attached to women offenders. There is some level of acceptance of a young man with a conviction for burglary, but a young woman with a similar conviction is at times viewed with much more suspicion. Private landlords can have difficulty in taking on someone whom they know to be coming out of prison.

150.

Repeat homelessness is a feature of people who have left prison, particularly of those who serve shorter sentences and are regularly in and out of prison. It is on these people in particular that our resettlement approach focuses. Their offences may not be the most serious, but they create disturbance and cause a great deal of concern for local communities. While those people are in the cycle of imprisonment they are also in the cycle of homelessness. It is difficult to sustain accommodation and support. The Housing Executive is examining support, and we are anxious to see a co-ordinated approach.

151.

Although these figures are from England and Wales, they reflect our situation in that almost 60% of prisoners are unemployed before sentencing and almost 40% are homeless on release. It is a recurring problem and a co-ordinated response is required.

152.

Mr Conway: The Base 2 project deals with people and families who are under paramilitary threat and has been in existence for approximately 10 years. Members of the Committee will be given a copy of the report for 2000. A copy of the report for 2001 will also be made available to the Committee as soon as it comes off the presses. The 2000 report covers the period of the feud in the Shankill Road. We thought at the time that the numbers of people who were experiencing intimidation had spiked - there were approximately 850 - but the figure for last year surpasses that. The problem still exists.

153.

During 2000 there were 854 referrals to the project; of those 658 were male and 196 were female. The number of females affected is therefore significant. They were mainly aged between 18 to 25 and 25 and over. The statistics may be slightly skewed because of events on the Shankill. The figure of 121 aged 17 and under is significant and has repercussions for childcare. Most of those affected were single.

154.

The number of families in 2000 was 180. The definition of "family" is where children are involved, not just a couple.

155.

We get referrals from statutory, voluntary and community organisations. I must emphasise that these figures only relate to the work carried out by Base 2; they do not reflect the work of other organisations. The alleged source of threat in 2000 was 371 Loyalist and 262 Republican. That is what those who are threatened tell Base 2; we preface it with "alleged".

156.

Belfast, as one would expect, has the highest number. However, it happens across Northern Ireland in Derry, Lisburn, Bangor, Newry, Rathcoole, Ballymena, Larne, Antrim, Portadown, Lurgan, Carrickfergus, Newtownards, Downpatrick, Coleraine, Glengormley, Armagh and others.

157.

Most people who come to Base 2 give antisocial behaviour, drugs and auto-theft as the main reason for their being under threat. There are many other reasons. Most of those who come to Base 2 have not been kneecapped, beaten or had any physical violence visited on them. They come to Base 2 either believing or knowing that something is about to happen to them, or they may have been told to get out of the country.

158.

The services provided by Base 2 include transport, verification advice, mediation, a supporting letter, assistance with accommodation and help to get people back into their areas. The Committee may be aware that the House of Commons Northern Ireland Affairs Committee conducted an investigation in November/December 2000. We, along with other interested parties, made a submission to the Committee. It focused on individuals who were ending up in England, Scotland or Wales.

159.

Base 2 actively discourages people from leaving Northern Ireland, as they experience cultural dislocation elsewhere. Whether they come from Nationalist or Loyalist areas, most, although not all, come from working-class backgrounds, are fairly young and have low educational attainment. If they cannot survive, develop and grow in their own communities, how can they do so in other, less-welcoming communities? One example is the Irish accommodation networks in London. They date mostly from the 1950s and 1960s and are organised by the Catholic Church, and they are often ambivalent about anybody from the North. A person from a Loyalist area would not be very enamoured with hostels that have a very clear Catholic ethos. There are many problems of cultural dislocation.

160.

Mr ONeill: The Committee wants to find out the causes of homelessness; it wants to find out about young offenders who, after passing through the care system, offend and are released into the community.

161.

Does your organisation provide help and support to young people to ease the transition from sentence to release and to help them to adjust to the difficulties they may experience, especially as they may have problems stemming from having spent time in care? What agencies help people who have just been released and who have difficulties in coping? What support exists for them?

162.

Mrs McLean: NIACRO and the trusts will provide a mentoring scheme for young people who are released from care. Juveniles who have committed offences and who are on remand and subsequently sentenced will be supervised by the Probation Board under juvenile justice centre orders. Approximately half the people in the young offenders' centre are on custody probation orders. As the Committee may know, that sentence is unique to Northern Ireland and was introduced only recently. The orders stipulate a period of planned supervision for the person on release. That is not to say that all the resources that are required for the period of supervision are available to the Probation Board. However, those orders apply to half the people who come through the system.

163.

Others in the young offenders' centre are serving short sentences, and they will be released without supervision. There are also many people who will be in and out of custody, serving time for non-payment of fines. On any given day in Northern Ireland, half the people who arrive at the prison door are there because they have not paid fines. Those people spend a short time in sentenced custody, but they suffer the same disruption to their lives.

164.

The uncertainty of the remand system causes difficulties in planning for the release of those on remand. The young person in custody and on remand may have only limited involvement in the prison situation. He may, by the time of his sentence, have been on remand for many months and may, indeed, have served most of his time on remand. Many will spend only a short period in custody before release.

165.

The Probation Board and the Prison Service have been examining that issue with us, and we are entering into partnership with them under Equal. We are trying to link all three establishments to co-ordinate a better response to people's resettlement needs. We already have an employment project in the young offenders' centre. We offer the gateway part of New Deal to those who are interested in participating in it before their release.

166.

Several organisations, such as Challenge for Youth and other volunteer organisations operate in the community. At present, we are trying to work with those organisations to improve the co-ordination of release plans for young people.

167.

Mr Hamilton: You mentioned the clauses in the legislation about intentional homelessness and you say that many people who are sentenced find themselves classed as intentionally homeless when they are released. What is your organisation's strategy for dealing with those people? Would you like to see specific requirements included in the proposed Housing Bill to address that issue?

168.

Mr McMullan: I want to go back to the inten­tionality issue. A person who voluntarily or deliberately leaves his accommodation and for whom no alternative accommodation is available will be deemed intentionally homeless.

169.

 If a person has a tenancy agreement with a landlord to pay rent every month, the landlord may evict him if he fails to pay the rent, in accordance with the tenancy agreement. The Housing Executive will deem that person to be intentionally homeless because of a deliberate act on his part that led to his becoming homeless. That is the simple explanation of intentionality.

170.

The Housing Executive applies the rules because this relates to public sector accommodation. If a former prisoner applies to the Housing Executive he will be asked where he last lived and why he had to leave. Since he served a sentence he will be classed as intentionally homeless; other factors, such as lifestyle, social skills and the ability to seek accommodation without support are not taken into consideration.

171.

One life sentence prisoner lived with his mother and father before going into prison. He served about 13 or 14 years before being released on licence. With the support of his probation officer, he applied to the Housing Executive for accommodation in Belfast. He was turned down on the first ground - that he did not have a priority need under the Housing (Northern Ireland) Order 1988. We argued that spending 13 or 14 years in prison had institutionalised him; that all decision-making powers had been stripped from him during his time in prison. He did not have the social skills or the networking skills to seek accommodation. He did not even know where to seek accommodation.

172.

It was then accepted that he had a priority need for accommodation as he was institutionalised and had not lived in the community for a long time. His application was refused again on the grounds that he was intentionally homeless. It was stated that his homelessness was due to the fact that he had committed an offence that led to his being imprisoned. The Housing Executive deemed that it was therefore his fault.

173.

However, because he was living at his parents' address and not at his own address or at a tenancy in his own name, the intentionality test should not have been applied. We had to challenge and to mount an appeal on each of those points. It took a substantial time, as we had to approach the district manager and eventually the head of client services. Such delay causes frustration. The ex-prisoner feels that he is playing his part and doing what his probation officer advised him, and yet he seems to meet only obstacles in his way.

174.

Mr Hamilton: How should the legislation address the problems of persons who have served a prison sentence being classed as intentionally homeless?

175.

Mr McMullan: The present legislation should be applied properly for a start. Interpretation, application and guidance on the legislation should be clearer. There is much inconsistency in the district offices across Northern Ireland. We should lobby the Housing Executive forcefully on this matter to raise its awareness.

176.

Mr ONeill: Do you have specific ideas on what you would like?

177.

Mr McMullan: I have not been asked that question before. I would have to go back to my team to get a response.

178.

Mr Conway: We want the intentionality stipulation to be dropped in any homelessness legislation, as few of the people with whom we deal believe that they make themselves intentionally homeless by committing a crime - that is not how it works. Tackling homelessness in a co-ordinated and effective manner will reduce crime and therefore the number of victims of crime. If home­lessness is not reduced the crime rate will not be reduced. Removing the intentionality element would make things much easier for those who are trying to engage in resettlement.

179.

Mr Hamilton: Would you like to see it enshrined to exempt this category?

180.

Mr Conway: Yes.

181.

Mr B Hutchinson: Do you agree with the statutory definition of homelessness, or should it be redefined?

182.

Mr Conway: What do you mean by the "statutory definition of homeless"?

183.

Mr B Hutchinson: I mean the definition that the Housing Executive applies to applicants.

184.

Mr Conway: We are constantly having tussles with the Housing Executive over people who leave their home because they have committed a crime or they because they have been threatened. A police report to the Housing Executive that a person's lifestyle led to his present situation does not aid in his resettlement. Homelessness must be addressed upfront.

185.

Mrs McLean: The Housing Executive is referring to people whom it registers and who meet the criteria. There is a big hidden homelessness problem that does not come under the definitions, and it is not being dealt with. Many people do not register as homeless; their circumstances may have changed; they may have been knocked back before and they just move around. That applies to young people who know that their chances of getting accommodation are very poor, particularly in the area to which they are limiting themselves. They may be too young to be considered as tenants without the support of social services aftercare personnel to allow a tenancy to be agreed. There is a section of young people who move from house to house, and even when they are offered the opportunity to go into a self-referral hostel they may be afraid to leave their area. They may also be unattracted to the idea of living by the rules of a hostel that can only function with rules that forbid drinking or taking drink into the hostel and which closes its doors at certain times.

186.

There are supported lodgings that have been geared up for young people leaving care. We want to look at the accommodation needs of those 17 to 21-year-olds and use support that is not hostels and is not independent. We want something new and different tied in with many other resources such as training and employment.

187.

Mr McMullan: Ex-prisoners or ex-offenders who are looking for private sector accommodation face obstacles in getting a deposit or rent in advance. Regardless of the legislation, when they apply to the Housing Executive, it all boils down to availability - demand and supply. If no Housing Executive accommo­dation is available, it does not matter what legislation is made because there will still be homeless people. The simple solution is to build new Housing Executive accommodation.

188.

Mr B Hutchinson: It is not as simple as that. You mentioned that 40% of the homeless people in England and Wales were ex-offenders. Do you know the current figures for Northern Ireland?

189.

Mrs McLean: I said that 40% of people coming out of custody were homeless, not 40% of the homeless population. I do not have that figure, but the Housing Executive may know. That has not been properly measured in Northern Ireland, and the focus on those kinds of issues is only beginning to take hold.

190.

Mr B Hutchinson: Mr ONeill made the point that we need to identify the types of people who end up homeless. If there is a large percentage of homeless people, tweaking or changing the legislation may be able to reduce that.

191.

Sir John Gorman: I reminded the Minister for Social Development in a supplementary question on 5 February of the 12,600 homeless people in Northern Ireland last year. That is the highest rate in the UK. I noticed that your 11 recommendations, which all seem sensible to me, do not include those at the end of your submission. Those further recommendations state that the real strategic requirement is that there should be a substantial provision of houses that are "decent and affordable". Is that not the key for the future, regardless of the Housing Executive? The Housing Executive's difficulty is that it does not have houses at its disposal.

192.

Mr Conway: We have direct experience in assisting the running of self-build projects for ex-prisoners. That was a practical scheme.

193.

Sir John Gorman: I was responsible for that.

194.

Mr Conway: Yes. That project never really took off because the main problem was raising capital to buy the materials. However, we felt that ex-prisoners were interested in the scheme, especially those who were politically motivated. They carried out refurbishmentsas well as new self-builds. People came out of prison, received training through the Construction Industry Training Board (CITB) and built accommodation. In one case six houses were successfully built from scratch. That was an excellent project.

195.

Sir John Gorman: Was that the project in Downpatrick?

196.

Mr Conway: No, it was on the Suffolk Road in west Belfast. The model provides a practical example of how that idea could work, and the concept of self-build could be introduced for ordinary ex-prisoners. The main problem was capitalisation of materials; individuals and groups were unable to borrow or raise the money needed for materials. They would then provide their own sweat equity to build accommodation. That idea is worth revisiting. The project is continuing through the Open Door Housing Association.

197.

Sir John Gorman: That is an excellent example of an area in which the private sector could come in. I know the public sector intervened in the shape of the Housing Executive, for I was the one who gave them the money. The private sector would not touch it, but things have now changed.

198.

Mr O'Connor: Many housing issues are connected with the issue of offenders. A prisoner that leaves jail is more likely to claim income support or some other benefit. As you rightly say, housing benefit for a single man or woman is not sufficient to allow private-sector renting. It is a vicious circle; how does one break it? The Simon Community has operated a rent guarantee scheme for young homeless people. Can you envisage something like that playing a constructive role? We have had funding for prisoners' groups, but many of them tend to focus on former Republican or Loyalist inmates rather than prisoners in general. Can something be done to guarantee that rent be paid for a certain time to give the person a chance to get back on his or her feet, back into work and properly rehabilitated back into the community?

199.

My second question concerns sex offenders. 'The News of the World' caused hysteria by sensationally printing their names and photographs. People are afraid to send their children to local swimming pools because they believe paedophiles are around every corner. Your report says that

"Resources are required to provide a menu of purpose built housing for sex offenders including a mix of independent and supported accommodation with a package of supervision, treatment and care as directed. Information, education and support on the issue of sex offenders should continue to dispel the hype and myth reported in the media."

200.

That is fair enough, but if a unit is created for six or 10 ex-offenders, will that not also create a focus for a great deal of community strife? People must be rehabilitated, but a community may be angered by the housing of such people together. What is your view?

201.

Mrs McLean: We do not promote the view that sex offenders should be housed in groups. We need a range of accommodation for those leaving custody, which includes sex offenders, but that is not to say that sex offenders or any type of offender should be grouped together in that manner. Reintegration and resettlement are about people linking back into the community, and we are examining ways of supporting isolated individuals through mentoring and volunteering to help them feel connected with the community.

202.

I acknowledge your points about hysteria and the pressure people are under to respond negatively if they are aware that a sex offender is living in their community. We wish to encourage public debate about communities managing risk. They should discuss and deal with such issues as part and parcel of any changes to accommo­dation.

203.

Mr O'Connor: It may be unfair to ask, but we have people in Northern Ireland who are classed as NIMBYs - not in my backyard. All those ideas are great on paper and sound well when you say them, but are you prepared to put your money where your mouth is?

204.

Mrs McLean: Through our involvement in communities we have gone out and talked to people about particular situations that they have faced.

205.

Mr O'Connor: Would you be happy to have a convicted paedophile living next door to you? How do we educate the public? We have a duty to rehabilitate offenders, but we also have a duty to protect the public. How do we manage both?

206.

Mrs McLean: The situation is a difficult one, and it is why the main statutory social services, the Probation Board and the police are working together closely, under new arrangements, to assess and manage risk. There are different views about how much the public can know at any time. However, I am not going to address those views here. I will say that the public debate needs to look at differences among sex offenders, and differences among types of risk. Communities also need to be encouraged to know more about child protection, and not to assume that people who have had convictions and gone through the courts system are the only people that present risk.

207.

Mr Conway: I shall deal first of all with Mr O'Connor's question about a paedophile living next door to me. There might be. There are over 350 people on the sex offenders' register and you can be guaranteed that those were adjudicated. They are people who have been caught. There are many more that we cannot put a figure on. As Mrs McLean says, the most important thing is to protect the vulnerable - our children. That is what drives everything, and everyone, whether in the community sector, the voluntary sector or in the statutory agencies, understands that the issue is one of risk management.

208.

I will re-emphasise to the Committee that home­lessness, especially from a crime prevention and crime reduction point of view, must be addressed in an upfront way. Not to address it causes crime. If we let the situation continue, people will still be homeless. However, employment, training, jobs and finance are also important factors.

209.

Mr O'Connor: Do you suggest some sort of rent guarantee scheme? Who would administer that or take responsibility for it?

210.

Mrs McLean: We have already talked to the Simon Community about that.

211.

Mr O'Connor: They will not take certain scheduled offenders.

212.

Mrs McLean: That is correct. We may be able to develop that as part of our resettlement strategy. It is very much on our agenda.

213.

Mr Conway: If the principle were established it does not really matter who administers it. If it gets people into half-decent accommodation so that homelessness ceases to be a problem, we can begin to address other matters.

214.

The Deputy Chairperson: Thank you very much for your time. We look forward to working with you on this issue as we develop our recommendations.

MINUTES OF EVIDENCE

Tuesday 12 February 2002

Members present:

Mr Cobain (Chairperson)

Ms Gildernew (Deputy Chairperson)

Sir John Gorman

Mr B Hutchinson

Mr O'Connor

Mr ONeill

Mr M Robinson

Mr Tierney

Mr S Wilson

Witnesses:

Mrs A Burgham                        )                        Chartered Institute of Housing                         Mr K Walsh                        )                        in Northern Ireland

Mr D Fotheringham                        )                        Chartered Institute of Housing

215.

The Chairperson: As part of our inquiry into homelessness, the Committee welcomes Mr Kieran Walsh and Mrs Adele Burgham from the Chartered Institute of Housing in Northern Ireland, and Mr David Fotheringham from the Chartered Institute of Housing head office.

216.

Mr Walsh: I want to begin by thanking the Chairperson for participating in our launch of Lifetime Homes last Monday, and other Committee members who attended. I particularly thank Mr ONeill who accompanied some of those who had arrived from England on their first visit to Northern Ireland and was able to show them around the Assembly. We are very grateful for that.

217.

The homelessness review is timely, not least with the tragic loss of life in the Morning Star hostel last night. The hostel catered for a particular client group, and no doubt media coverage will reinforce the mis­conceptions of many that a stereotypical homeless person is a down and out, itinerant, alcoholic or drug addict. The real image of a homeless person in Northern Ireland is more accurately a single person who has fallen out with his or her family, or a young mother with a child who has suffered a relationship breakdown.

218.

Proposals in the forthcoming legislation appear to be passive, and are simply an opportunity to correct some of the anomalies in current legislation in the rest of the UK. For example, someone from Northern Ireland presenting themselves as homeless in England can be deemed not to be homeless because he or she has accommodation in Northern Ireland. However, someone from England presenting as homeless in Northern Ireland is deemed to be homeless because that person is not legally entitled to occupy a residence in Northern Ireland. The statutory test of homelessness is that someone is deemed to be homeless if he or she is not legally entitled to occupy any accommodation, or that he or she is legally entitled to occupy accommodation but cannot do so, or that is no longer reasonable for them to continue residing in that accommodation. This test does not always mean that the applicant is on the streets. Someone who is likely to become homeless within four weeks is equally deemed to be homeless.

219.

Having satisfied the single test of homelessness, an applicant must fall into a specific category of priority need, and must not be deemed to have made himself intentionally homeless by an act or an omission. If an applicant fails any of those three tests there is a range of duties imposed on the Housing Executive by current legislation. They include no duty if the person is not homeless, a duty to only provide advice and assistance, a duty to provide temporary accom­modation, a duty to provide temporary accom­modation only for a reasonable time, a duty to provide temporary accommodation until permanently rehoused, and a duty to protect the personal belongings of the individuals. In Northern Ireland, the length of time that a homeless person is likely to remain in temporary accommodation will depend on the demands for rehousing in areas where that person wishes to live. That can range from a few days to many months. The temporary accommodation needs of homeless people are met by a combination of Housing Executive hostels, voluntary sector hostels and bed and breakfasts. As you know, the Housing Executive is carrying out its own review of homelessness services, and we welcome the opportunity to contribute to that.

220.

What are the current issues here and in the rest of the UK? Valuable lessons can be learnt from develop­ments elsewhere in the UK, and consideration should be given to adopting some of those initiatives in Northern Ireland. My colleague David Forthingham, the head of policy in our head office in Coventry, will inform the Committee on legislative proposals, new legislation and Government initiatives and taskforces that have been established in England, Scotland and Wales to tackle the causes and effects of homelessness. He will set out the context of those developments in the rest of the UK.Adele Burgham will highlight the main points of our submission as part of this review.

221.

Mr Fotheringhan: I am from the institute's office in Coventry. I know that you are interested in looking at how homelessness is being tackled in other parts of the United Kingdom, so I will talk mainly about the new Homelessness Bill, which is passing through Westminster and should be implemented soon.

222.

Tackling homelessness is becoming a more important political priority for the Westminster Government. They are sensitive about the fact that the numbers of homeless families and the use of temporary accommodation have rocketed since they came to power, particularly in the south-east and south-west of England and in London. The main problem there is a lack of affordable housing, as there have been dramatic increases in house prices, and development is expensive due to increasing land prices and labour costs. The institute has reminded the Government that even in parts of the country where is there is no shortage of affordable housing, there are still problems with homelessness because of factors such as anti-social behaviour, harassment, drug use, domestic and financial problems. That means that prevention and support are particularlyimportant. We expect that those causes of homelessness will be addressed in the National Homelessness Strategy, which the Department for Transport, Local Government and the Regions is working on.

223.

When the current Labour Government came into office, their most high profile initiative on homelessness was the rough sleepers' unit (RSU). However, now that this unit has met most of its targets, the focus is shifting to mainstream homeless people who are not out on the streets, but who are nevertheless in unsatisfactory temporary accommodation - sleeping on friends' floors or whatever. The Government has established a new unit to try to reduce the extensive use of bed and breakfast hotels in some of the high demand areas, particularly the London boroughs and some seaside authorities. Everybody recognises that those hotels are bad news, particularly for families with young children.Work on the new bed and breakfast unit will complement the work on rough sleepers, and both will be brought together in a new homelessness directorate in the Department for Transport, Local Government and the Regions. That directorate is designed to pull together the different aspects of the Governments' work on homelessness, and have overall responsibility for implementing the National Homelessness Strategy. I know that the Housing Executive leads on homelessness here, but in the rest of the United Kingdom local authorities have the main legal responsibility for dealing with homelessness, although with stock transfer housing associations play a growing role in meeting the needs of homeless people by giving them accommodation and support.

224.

In a way the new Homelessness Bill takes the legislation on homelessness in England and Wales full circle. The Housing Act 1996 removed some of the protections for homeless people, for example, they were entitled only to a temporary duty for two years' accommodation rather than enjoying access to permanent accommodation as they had before. The new Bill brings back the requirement to provide permanent housing for homeless people in priority need, and in that way it returns to the pre-1996 situation and is broadly in line with the position in Northern Ireland. It also goes much further than that. For example, it strengthens duties on housing advice, gives local authorities more flexibility over their letting schemes, and allows for the introduction of choice-based lettings. The priority need categories will be extended to include those aged 16 and 17, care leavers up to the age of 21, people who are vulnerable as a result of violence, and those vulnerable due to an institutionalised background. However, some groups of single people are classed as non-priority under the legislation. The Scottish Executive have gone one stage further with the Housing (Scotland) Act 2001 under which even non-priority homeless households will be entitled to temporary accommodation.

225.

The most significant change in the Homeless Bill is that local authorities are required to carry out reviews of homelessness in their areas. For example, they will need to identify trends in homelessness, and look at local available resources that can be used to deal with the problem. From those reviews they can produce a homelessness strategy. The idea is to move away from a firefighting type of approach, in which dealing with homelessness starts when a homeless family comes through the door, and be much more strategic - bringing about measures to prevent homelessness happening. There is a legal requirement for social services to be involved in the process, and it is also expected that housing associations and the voluntary sector will be involved in these reviews, and with the implementation of strategies.

226.

During the drafting of the Bill, there was extensive consultation with people involved in housing. This included the establishment of a homelessness sounding board by the Department of Transport, Local Government and the Regions, on which the Chartered Institute of Housing (CIH) and other main national housing organisations were represented. A lot of ideas, which eventually ended up in the Bill, were thrashed out at meetings of that board. A homelessness task force is being set up in Scotland. Task groups in Wales looked at issues such as letting and homelessness, and their research fed into a national housing strategy for Wales. The Homelessness Bill could be implemented as early as May, and local authorities would be required to produce their first homelessness strategies by the following May.

227.

The institute has been involved with setting up six seminars with the Department of Transport, Local Government and the Regions in different parts of England, which will help housing professionals get to grips with what the Act means for their homelessness services. We are expecting an updated code of guidance from the Government to accompany the Act, which is sorely needed because the current code is very out of date.That would really help housing workers to implement the legislation.

228.

The Government were keen on choice-based letting in their Green Paper on housing. They are funding 27 pilot schemes to be developed by local authorities across England, both in areas of high and low demand. Most are based around the Delft model - so called because it is based on schemes that are common in the Netherlands. The basic idea is to move away from the current situation where housing officers allocate homes based on a professional judgement about what people need, and move to a position where available properties are advertised in free newspapers or on the Internet. Applicants select properties, and submit coupons to indicate those that they are interested in. Given the history of housing, and issues around discrimination in the Province, I suspect that there would be concerns about such an approach here.

229.

There are concerns about choice-based letting on the mainland, such as how vulnerable people would fair under such a system. Those are the things that the Department of Transport, Local Government and the Region's pilot schemes are designed to evaluate, in conjunction with an intensive research evaluation pro­gramme. The institute has researched some of the new ideas, and I have reports that I would be happy for the Committee to look at.

230.

Mrs Burgham: Homelessness is a significant problem in Northern Ireland. Last year, Housing Executive figures indicated that almost 13,000 households presented as homeless. That is an increase on previous years, where the numbers fluctuated between 10,000 and 11,000. The worrying thing is that this figure does not reveal the full extent of homelessness. It only records the people who physically presented themselves to, or telephoned, the Housing Executive. That means that there is considerable hidden homelessness in the Province, the extent of which is difficult to judge.

231.

The hidden homeless includes people who are staying with relatives or friends because they have nowhere else to go, and those who are sleeping rough. Importantly, a significant number of those who have presented to the Housing Executive are single - almost 50%. That generally means that they do not qualify for assistance with accommodation because they do not meet the priority need category. Therefore, those people face difficulty in finding their own accommodation, and that is why they are often forced to stay with friends or family in overcrowded or unsuitable accommo­dation. They may find it difficult to afford their own accommodation, and there are high waiting lists for social housing.

232.

We have compiled a list, which is included in our submission, of issues that we would like the Housing Executive to highlight, but not necessarily change. The changes that the institute would like to emerge include the introduction of a homelessness strategy, including details of how homelessness will be tackled, as the Housing Executive will be required to review homelessness on a local level. This will require the introduction of a target for reducing homelessness. Rather than just acknowledging the level, there will be a target to reach as a performance measure. We should look at the possibility of extending the priority league categories to include other vulnerable groups such as 16- and 17-year-olds, which is currently being looked at elsewhere. There is a need for a greater emphasis on prevention, which requires research into the issues behind home­lessness and repeat homelessness. We need a greater focus on advice and assistance to prevent homelessness occurring in the first place, a reduction in the use of bed-and-breakfast accommodation, and an authoritative code of guidance for housing officers to refer to for clarity.

233.

The Homelessness Bill will introduce a power, but not a duty, to secure accommodation for homeless people who do not have a priority need, and that will address some of the current issues with single people who are homeless. There is a greater need for more tenancy support services, as some people are falling into repeat cycles of homelessness because they do not know how to manage on their own. We need greater research into homelessness, looking at initiatives elsewhere for tackling that. Housing policies such as the right to buy, rural housing strategies, supporting people and sustainability all have an effect on homelessness in one way or another. As Mr Fotheringham suggested, the Housing Executive could pilot some choice-based letting schemes in areas where it would be suitable.

234.

Mr Walsh: I would like to conclude by welcoming this opportunity to address the Committee, and to articulate the principle recommendations in our report. We are pleased that the Committee has embarked on this process of consultation. It will assist in the con­sideration of the proposed legislation to develop a more strategic approach to homelessness, and to underpin future services for the most vulnerable people in our community. Members have recognised this challenge, and you can be assured of our continued support and co-­operation in developing coherent policies to help shape the future. We commend our recommen­dations to you.

235.

Mr ONeill: It is appropriate to mention Mr Walsh's comments about the disaster at the Morning Star hostel last night and communicate our sympathy and support for them. The proposed legislation is timely for this complex issue. Mr Walsh described the proposedlegislation as passive, and in doing so I assume that he is talking specifically about responsibilities such as creating a power, and not a duty, to deal with home­lessness and other aspects that have been indicated in today's presentation.

236.

However, how can we ensure that more rigour is put into our legislation? Is the legislation in England, which Mr Fotheringham described, sufficient, and is it suitable for us? Do we need more than legislation, as sometimes we can make a law without delivering a service? How do we get that wholeness into homelessness, which has been missing in the past, and bring a central, driven approach so that we can encompass all of the various problems? What is your view on that?

237.

Mr Walsh: You are right about the suggestion about the passive approach. The proposed legislation - and we have suggested this to the Committee before - when it comes before the Assembly, or wherever it is at present, is simply to dot the i's and cross the t's on changes that were proposed, and in the offing, in 1996. It is trying to catch up with the situation that was primarily developing in England at that time. The situation has moved on considerably since then, which has lead to the various pieces of legislation that are being proposed in other parts of the UK. It appears that these are still trying to catch up - getting legislation on the statute book to correct some of the anomalies that existed in 1996. However, we do not necessarily have the consultation mechanisms or processes to allow the strategic debate to take place openly and transparently, bringing the various players together to ensure that a more strategic approach to homelessness is adopted.

238.

There is a very important element to the process that this Committee has embarked on as part of that review. However, my opinion is that the Committee for Social Development, when it is presented with legislation, will not have not allowed the various groups that have an impact on developing and shaping the future to come together to present their proposals. The Committee's difficulty is that it is dealing with the particular interests of specific groups, and people coming before it are talking about their own little niche of homelessness. The Committee has to balance and arbitrate between those competing demands.

239.

Several things are happening in other parts of the United Kingdom. The task forces and time-focussed groups, which have been established in Wales and Scotland, are useful examples that we could use. There are some strategic changes. In Wales they are making 16-year-olds, and people aged over 16, an automatic priority need, and that is an important development for tackling youth homelessness, and an important part of the overall strategy of how to develop measures to prevent homelessness.

240.

We have not so far detailed how we should educate our young people about what they should do when they are homeless. The reason the majority of single people become homeless is because they have a fall-out at home. They then look to family or friends for accommodation, or they end up sleeping on a floor somewhere. A reason for that is that they do not know where to go for the help and assistance they need. Those young people, who are the most vulnerable, are presenting to the Housing Executive, which tells them that, even though they are homeless, they do not fall into a priority need category, and, therefore, it has no responsibility to provide temporary accommodation for them. The Housing Executive simply refers them to a self-referral hostel run by a voluntary group, such as the Simon Community, to see if they can meet the competing demands of other young homeless people to get a bed for the night. If there was a statutory requirement on the Housing Executive to provide young people with a safe and settled place where they could tackle their family trauma, that would give them the space required and provide the support services already highlighted by Mrs Burgham.

241.

Mrs Burgham: There are three points that would be worth looking at. The first is the homelessness strategy, which is actually set out. However, it must be reviewed to clearly show how it is going to be addressed, and that would give more rigour to any means of tackling homelessness. Secondly, I would suggest an authoritative code of guidance. At the moment there is a code of interpretation, and that is open to people to use if they wish. In England it is much more firm - although their code of guidance needs updating - and people right across the country can look at it for clarification on how they should deal with a particular issue.

242.

Finally, and most importantly, there is a statutory duty towards the prevention of homelessness in England. Local authorities there are required to give advice and, if necessary, intercede on behalf of a potentially homeless person. Someone getting involved earlier to help people sort out rent arrears or whatever, would certainly help, and if that were on a statutory footing it could even prevent cases arising.

243.

Mr ONeill: When you talk about that strategy, are you talking about what is included in the English legislation, where there is a review, an identification of trends and resources, and then the strategy - that oneness in approach? Is that what you mean when you talk about the homeless strategy here, and how can that be included in legislation or in practice?

244.

Mr Fotheringham: The Homelessness Bill states that local authorities are required to undertake those reviews and involve social services. It covers the main points that should be included in their strategies, and some of the things that I mentioned. They are required to produce their first review within 12 months of enactment, and at least every 5 years afterwards. That can be clearly set out in legislation.

245.

Mr O'Connor: I am interested in seeing an overarching strategy to deal with the situation, tied in with both health and social services and, where necessary, the Department for Social Development. We must have a strategy to support the homeless. Quite often these people cannot get access to healthcare. How do we eliminate homelessness? Is it good enough to have a strategy to deal with it, or do we need one to eliminate it? What sort of realistic timetable should we set ourselves to tackle this growing problem in Northern Ireland, which rose 20% last year? There will always be people presenting themselves as homeless owing to individual circum­stances, but there are currently some who have been in hostels up to three years waiting for accommodation in parts of north and west Belfast, which is wholly un­acceptable. What sort of targets should we set to eliminate long-term homelessness? Obviously we cannot do it overnight. What is happening in Scotland, where there is a duty to provide a strategy?

246.

Mr Walsh: I agree that there should be targets. If you are to have a strategic approach, you need something to measure its success and outcomes. We need to analyse our starting point. Mrs Burgham has presented the current figures. Thirteen thousand households presented as homeless last year - a 20% increase on the recent average, which has been 10,000 to 11,000. We must analyse where those increases have been concentrated. It is a fact that nearly half of that number is made up of single people. We must examine how we can best advise our young people, through the school system, about where they can go for assistance before the trauma of homelessness happens to them. We cannot say that homelessness will be alleviated, because someone going home tonight could become involved in a family situation, and they may find that the only safe thing they can do is extricate themselves from that difficult situation. We need a safety net to ensure that they are able to find accommodation to allow them to deal with that trauma and, if necessary, be rehoused.

247.

We also need adequate, safe and properly resourced hostels and other self-contained accommodation to deal with those who find themselves homeless. We must reduce the reliance on bed and breakfast. If you examine Northern Ireland, you will see the large number of bed spaces in Housing Executive hostels tend to be around Belfast. Voluntary groups also tend to be based in that area. However, if you are homeless in Enniskillen or Newry, you are more likely to have to rely on bed and breakfast than on the support services that may be provided through the work of a voluntary group or the Housing Executive.

248.

It is important to have strategic targets as part of the overall approach, but no one should be beat with a big stick if they do not achieve those targets. We need to use the targets as a lead-in to dealing with overall measures to prevent homelessness and any crisis situation that may occur.

249.

Mr O'Connor: Section 9 of the Housing (Scotland) Act 2001 states

"An applicant for housing held by a local authority or a registered social landlord is entitled to be admitted to a housing list unless the applicant is under 16 years of age."

250.

That is not currently the situation in Northern Ireland for young homeless people. What type of provision should we examine to deal with the problem?

251.

Mr Walsh: I shall draw a distinction. The Housing (Scotland) Act 2001 suggests that a 16-year-old is able to appear on the waiting list. However, the Scots have not gone as far as the Welsh, who have determined that a 16-year-old is in priority need. The Scottish legislation simply allows a 16-year-old to apply for accommodation, meaning the person would not be precluded from doing so. The selection scheme previously operating in Northern Ireland precluded anyone under the age of 18 from applying. That was because it is the age of majority, meaning you could not enter into a legally enforceable contract without a guarantor unless you were old enough. The common selection scheme intro­duced in Northern Ireland addressed that situation.

252.

In Wales, the legislation has been extended to 16-and 17-year-olds, who were not previously covered by the legislation. Under the Children's Act 1989, it is not the responsibility of the housing authority, but social services to provide safe accommodation. Welsh legislation now states that 16-year-olds are automatically in priority need. They are not a current priority need category in Scotland or, indeed, in Northern Ireland. Evaluating the number of single people aged between 16 and 17, who have thus far dropped out of the homeless system operated by the Housing Executive as part of the 50% young singles, would be a consequence of extending the age range.

253.

Mr O'Connor: The South and East Belfast Trust has an arrangement with the Housing Executive where every 16-and 17-year-old who presents himself or herself as homeless is a child in need.

254.

Mr Walsh: That applies to children coming out of care.

255.

Mr O'Connor: There is scope to extend that. Where does the extra money come from for the Department for Social Development to fund and support all those children, as it cannot come from housing benefit alone?

256.

Mr Walsh: No. The Member will be well aware that from April next year housing benefit, because it is a UK-wide benefit, will only fund bricks and mortar. They are sizing the pot for the level of services to provide the level of care and support services and housingmanagement services needed to support people. We must decide and, with the greatest respect, the Committee must decide on the priority spend categories within its particular remit and within the Assembly to determine those key priorities. Our young people, who are the most vulnerable, could and should be a priority.

257.

Ms Gildernew: My question relates to that. I am glad that you believe that young people should be a priority, because there is a lack of understanding of young people's needs, here - especially of young people leaving care or young people who find themselves homeless. The laissez-faire attitude of the Housing Executive in not allowing them onto a waiting list until they are 18 years old is intolerable.

258.

I am particularly interested in rural homelessness and homeless women. There are very few bed spaces for women who have nowhere to go. When Women's Aid in Enniskillen closed down, there were no bed spaces in County Fermanagh for homeless women. The situation is nearly as bad elsewhere. What recommendations can you make on that?

259.

 Rurally, there is a lack of affordable housing and insufficient social housing. In a rural community, the local office might be 10 or 15 miles away and it would be hard enough to even get there to present yourself as homeless. People often go to a friend or relative because they know that they will not get on to waiting lists and that they will not be treated as a priority need. Compared to the amount of homeless people, £13,000 is a modest figure.

260.

Your paper examined practices across England, Scotland and Wales. Have you looked at any of the best practices in the 26 counties? Although we can look at best practices in other places and adopt the best aspects out of them, the situation in my constituency is much more closely related to that in the 26 counties than to the experience of England or Wales. You said that the Committee has a responsibility to ensure that priorities are clear. We will try to do that. I hope that the Minister will take on board the Committee's recommendations, because supporting people will be of huge importance to the most vulnerable in our society. Homelessness has increased by 20% this year, and could increase substantially next year.

261.

Mr Walsh: First, I do not share your view that the Housing Executive adopts a laissez-faire attitude in its implementation of this. The Housing Executive is constrained by the legislative requirements that it must comply with. Therefore, it only carries out policies. It would not be fair to challenge the professionalism of the Housing Executive staff who process homelessness applications, man the hostels or who deal with the homeless clients whom they must place.

262.

I share your concerns about rural homelessness, and as part of past reviews of rural housing, we have commented on the difficulties for homeless people in rural locations. People in Enniskillen and elsewhere are victims to the same extent and for the same reasons as homeless people in Belfast. In Belfast there is a supply of temporary accommodation, so people can at least look at alternatives. Those alternatives mean that the family can keep their support network, and the children can attend the same schools so that the disruption and trauma of homelessness can at least be reduced. I am not trying to understate that trauma in any way, but it can be reduced.

263.

In rural locations people are invariably asked to move to bed and breakfasts that might be 20 miles away and where they will be far from their extended families, schools and the networks that they have grown up with. Therefore temporary accommodation becomes the worst option, and the family must go to a relative to relieve their trauma.

264.

It is unfeasible for the Housing Executive or voluntary organisations to build hotels everywhere, but the existing stock must be used creatively through better use of the private rented sector and various other lettings. It is also important that no applicant, homeless person or family should be disadvantaged because they have found their own temporary accommodation. The legislation does allow that to happen. The circumstancesthat led to their homelessness, rather than the fact that they have found their own temporary accommodation, should be evaluated. If someone has been disadvantagedbecause they have moved in with a family or friend, even if it is deemed that they have been reasonably re-housed by moving back in with their mother who is in a three-bedroomed house where all the children have a bed, they should not be assessed as being properly accommodated. If that were their situation, I feel that the local district manager would be keen to ensure that it was assessed properly.

265.

We have compared our developments with those in England, Scotland and Wales. When the Housing (Northern Ireland) Order 1988 came into effect - and I declare an interest here - I was assistant district manager in the homeless unit in the Housing Executive which was established in 1989. Therefore I was actually involved in many of the things that I am talking about. People could point to me and say that in some way I had my fingerprints on many of the difficulties that have been highlighted. Before 1989, social services were responsible for temporary accommodation, and the Housing Executive's statutory duty was only to those people who were seeking to be permanently re-housed. If a homeless person or family came to the local Housing Executive district office, they were told that they had to go to social services if they wanted temporary accommodation. Social services then had to look at their temporary accommodation needs, and the Housing Executive took the case and did the assessment once the person or family had been temporarily re-housed.

266.

Things have improved considerably, in that the Housing Executive is now solely responsible for temporary and permanent allocations. In the Republic of Ireland they have not got to the stage where those are accepted as being the same. The other disadvantage in how local authorities are set up in the Republic of Ireland is that there is no proper career structure for housing officers. Somebody who works today in a housingoffice could be working in agriculture tomorrow and in economic development next year. The workers have skills, developed through training, that enable them to deal with the sensitivities and trauma of homelessness for a short time, and they are then promoted out of the housing department to another area of social policy. We lack the continuity that allows for the development of a long­-term approach that will successfully tackle the problems of homelessness throughout Ireland.

267.

Sir John Gorman: I must declare an interest because I have been a member of the Chartered Institute of Housing for more years than I care to remember, so I am extremely sympathetic to its views. Last week I asked the Minister for Social Development, Nigel Dodds, a supplementary question in which I pointed out that there were 12,600 homeless presentations last year. His reply was highly sympathetic to this, and it was by no means dismissive. However, he pointed out that it is not solely the requirement of the Committee or the Depart­ment for Social Development to look after this. There is a strong educational point to be made here, and you made it yourselves. The requirement for funding this, as opposed to other destinies of funds, must be taken into account.

268.

One thing that depresses me is that 40% of these presentations for homelessness come from young people. I have four children and nine grandchildren, and I know what children are like. Children can get into a huff and say that they are not going to put up with things - they are going to go. Then they phone the district manager and say that they are homeless. If we take this to its logical conclusion, must that not be an adverse housing situation - not a bad tempered grandfather or father - but a housing situation? What proportion of people presenting as homeless come from homes that are below the acceptable and affordable social standard, which, in my day was the challenge and the objective of the Housing Executive? In some ways we may be putting this requirement onto Rough Sleepers Unit and other units which I see Lord Faulkner so interested in - he is a great man for units of one sort or another. If we could see ourselves get back to the days when the Housing Executive had a huge challenge to produce affordable housing of good quality - the sort of housing we built then - would that have an effect on the 40% of applicants who are looking now?

269.

Mr Walsh: Yes. In response to Mr O'Connor's question on the strategy, numbers and determining outcomes, one of the difficulties and imponderables is that the adoption of a policy of duty to provide temporary accommodation for 16-year-olds might increase the number of 16-year-olds who are going to present. I understand that argument.

270.

The other side is that those people present already. The difficulty is that no one accepts respon­sibility for them. They present for accommodation and seek help from the Housing Executive, where they are told that while the Housing Executive accepts that they are homeless, it does not have a responsibility to provide them with temporary accommodation. Therefore, they are told to find out about a self-referral hostel. They are given a list of estate agents to contact about renting temporarily, but they are not helped in their need.

271.

We have to turn 16 and 17-year-old people away, saying that we do not have a statutory responsibility for them. We cannot formally refer them for temporary accommodation, which may be the only respite that is needed for them to come to terms with the significance of breakdown in the family, and might give them the space to decide to go back into the family home again.

272.

Many of those who present themselves as homeless return home after a time, since in the intervening period they have been able to deal with the trauma that has led to their situation.

273.

Mr B Hutchinson: I was interested in what you had to say about the hidden homeless, Mrs Burgham. You mentioned the figure of 13,000, saying that it is probably be far greater but that you cannot quantify its true extent. How do you define and identify the hidden homeless? Through our scrutiny of the Bill before us, what can we do to eradicate the problem?

274.

Mrs Burgham: People often tend to think of the hidden homeless in stereotypes. Rough sleepers - people who might be sleeping in doorways in large towns - are part of hidden homelessness, since quite often they are aware from friends and others that, if they go to an authority - whether in Northern Ireland or England - they will not be given priority. For that reason they often do not even bother going along.

275.

Elderly people living with their families might not really want to be there, but circumstances give them no choice. People leaving care are initially given assistance, but that gradually wanes. When it stops, they cannot manage, and drop back into the cycle of repeat homelessness. Sisters or brothers who cannot afford to buy property on their own club together. When someone loses a job he has to sell his house and move in with a sibling. All of those people will not necessarily go to a housing authority and ask for help. Some do not know that they are entitled to assistance; some know they will not be entitled.

276.

I should like to quantify those figures, but I do not know how anyone could ever give an accurate picture of the hidden homeless. An estimate could be made by going through all the different categories, but it would be a real challenge to identify them fully.

277.

I mentioned that research is a key issue in addressing the problem. You must identify the reasons behind homelessness. Social issues contribute greatly; tackling those might eliminate the causes. There are many different reasons, and one must research whether those behind homelessness and repeat homelessness are the same. Would greater intervention help? Research is the key, and, if you can start to examine those issues, you might be able to address the problem. It will never be fully addressed, but, if people could make an effort, it would certainly go some way towards doing so.

278.

Mr B Hutchinson: So there is no single thing we can put in the Bill which would address the problem?

279.

Mr Fotheringham: The idea of homelessness reviews would help. If the Executive were leading the review and had to consult voluntary organisations and housing associations, dealing with all kinds of different client groups and perhaps setting up focus groups among homeless people in hostels, they would begin to understand the different causes of homelessness and how they must be addressed.

280.

Mr Walsh: The Simon Community produced their report, showing that they dealt with 1,200 different cases. However, over 4,000 people presented themselves as homeless. The other 3,000-odd people had to go somewhere else. They did not necessarily go to the Housing Executive, because they did not have the status of priority need to be accommodated. This gives a tangible example of the hidden homeless.

281.

Mr S Wilson: I want to ask you about several things in your presentation which caused me some concern. Thirteen thousand people presented as homeless last year. How many of those were deemed homeless under the current definition? That is the more importantstatistic to us.

282.

Through my constituency work I can think of many people who present themselves as homeless and who are not. Perhaps they are swinging the lead a bit to try and get up the housing waiting list.

283.

Rather than firefighting once a person has become homeless, there should be some requirement to prevent the problem happening in the first place. I hear of many people in poor rented accommodation whose landlords become sick and tired of demands for repairs and the like and - sometimes gladly - write to the tenants that the house will be repossessed in three or six months' time. The landlord has no intention of doing that, and the tenants are not really homeless from that point of view, but it is a get-out for him if the tenant is being difficult with regard to repairs or whatever. How can such situations be overcome?

284.

There is a duty to prevent homelessness. If a landlord wrote to a tenant to say that in three months time he or she would be out of the house, would it require that person to be rehoused? If so, how should that kind of abuse be stopped?

285.

You mentioned many things that should be done or included in the Bill, such as tenancy support, having a power and not a duty, choice-based learning schemes, et cetera. Have you estimated what additional resources would be necessary? There is no point in putting something into legislation to find that the resources are not available. That disappoints everyone.

286.

I am not happy with the situation concerning 16- or 17-year olds. I take some of the points about temporary homelessness. However, you went further. Someone said that going back to suitable accommo­dation in the family's house should not preclude anyonefrom staying on the waiting list. That worries me a little. Social legislation should not be designed to weaken families. Many of our social problems arise because people left home, were given accommodation, were not really supervised, could not deal with it and caused immense problems for neighbours. Does that kind of proposal not provide a recipe for even more of that?

287.

Mr Walsh: I am sorry if I have misled you in relation to people who present as homeless and have a home. If it is found that there is a statutory duty to provide temporary accommodation for someone pre­senting as homeless who then returns home, that person is no longer homeless and the case dies. If someone presents as homeless and is deemed to be homeless, there is a temporary accommodation duty. If the person makes his or her own temporary accommodation arrangements - returning, for example, to his or her mother with the children after a relationship breakdown - the fact that someone who is homeless from one accommodation means that person is not assessed as now living with a relative, the mother in our example. The assessment comes from the cause, regardless of who else the person is living with. In that case, therefore, the person can make his or her own temporary accommo­dation arrangements and still remain on the list.

288.

The case is dropped regarding anyone - whether a young person or a family - who leaves the family home, goes away, is put up but is then reconciled.

289.

I do not have the dropout figure for those who present as homeless but are deemed not to be homeless, but it is included in the Housing Executive's review. The drop-out rate is not very substantial. There are three hurdles to get over concerning homelessness. The first is to determine if someone is homeless or if he or she is legally entitled to occupy any property. If someone living in the family home has a row with their mother who then revokes their licence to occupy, that person is still legally entitled to occupy that property. However, that person is deemed to be homeless if the mother tells him or her to get out.

290.

The second hurdle is priority need, and the third is intentionality - in other words, whether someone is intentionally homeless because of something he or she has or has not done. The statistical analysis shows that many people are deemed to be homeless but then drop out. The largest category of dropout is through failure to meet the criteria for priority need, and people do not get over that hurdle primarily because they are young.

291.

In relation to the private rented sector, if someone arrived at the office with a letter from the landlord telling them that they would be put out in three months, the Housing Executive's response would be that the case would be assessed but that the person will not be deemed to be homeless unless he or she is actually homeless or is likely to become homeless within 28 days. That person could get advice and assistance about whether he or she has a licence or a lease, its terms, and whether the landlord was putting pressure on the tenant. The environmental health section in any local council can take action against any landlord who evicts someone illegally.

292.

Realistically, we recognise that if the landlord wants the tenant out and the tenant is happy enough because he will be accommodated, it is the Housing Executive's duty to make all reasonable enquiries to enable them to arrive at a decision. That enquiry would mean talking to the landlord. If he says that he needs the tenant out because he needs the property for himself, or it is the end of the lease, the Housing Executive is powerless to insist that that person needed to stay to take appropriate court action against the landlord for an illegal eviction. It has to deal with the situation that it is presented with, and its duty is to carry out all necessary enquiries to enable it to make a decision. That is what it endeavours to do. That is why some cases of homelessness take longer than a month for a decision to be arrived at because of the nature and extent of the enquiries that have to be carried out.

293.

Sir John Gorman raised the question of funding. The funding for what we have suggested has not yet been costed. However, we have suggested to the Committee that the funding that comes into the Assembly is in relation to the block grant allocation, rates and rent. The Housing Executive used to be able to get the capital funding to do the building that was required. That situation has changed. The reason for that change is not because the housing associations had asked for it, or that anybody believed that the housing associations could deliver the development programme better than the Housing Executive, but solely so that private moneys could be more easily accessed. As a consequence of that, the consistent pattern of rent setting that we have in Northern Ireland is being slowly demolished, bit by bit.

294.

We have previously spoken to the Committee about the net loss through the right-to-buy scheme, in which we are selling over 5,000 properties a year. The Housing Executive is currently reviewing the right­-to-buy scheme. There are over 10,000 new applicationsbecause they are likely to be capping the right-to-buy scheme. The likelihood of that, along with the replacement of less than 1,500 properties this year - perhaps even as little as 1,200 or 1,000 new properties - means that there will be a net loss of 4,000 properties a year.

295.

Surely, as part of the review of public admin­istration that the Assembly is to undertake, the asset base of the Housing Executive could be used to access private moneys to sort out the funding of various priorities. It cannot be done with the existing resources of the Department for Social Development. More creative funding solutions are required.

296.

Sir John Gorman: I promise you, I did not brief him.

297.

Mr B Hutchinson: What is your opinion of the effectiveness of the current definition of homelessness? Would you redefine it, and if so, how?

298.

Mr Walsh: That is a difficult question, Mr Hutchinson. We need to settle on something that we can all consistently apply. Many people would say that the definition and the rules on homelessness disadvantage one particular need group or another. We must decide what the definition is, and look at the rules that allow people to be described in a way that makes them accessible to certain duties. I am not that hung up on what a definition of why or what a homeless person is. As far as I am concerned, if somebody -

299.

Mr B Hutchinson: But do you think it is effective at present?

300.

Mr Walsh: Yes. In my view it is. It allows the assessment to be made. It is not simply that someone has nowhere to go and is out on the street sleeping rough. It may be that they have nowhere that they can legally occupy. They may have somewhere that they can legally occupy, but are not able to because of a violent partner, or the revocation of the parent's licence, or because of intimidation. If a person had presented in a local office two years ago to be told, "You have a house up the Shankill Road", that would be totally unacceptable. In such a case, there are good reasons not to return to the property that the individual was legally entitled to occupy.

301.

I believe that the Housing Executive has administered the legislation before it, along with the amendments to the Housing (Northern Ireland) Order 1988, in as professional a manner as is possible. There have been constraints on what staff would have liked to do; sometimes they were unable to act as they saw fit, because the requirements were not there to deal with it. The most soul-destroying thing for a professional housing officer to encounter is to turn a 17-year-old away telling him that you cannot accommodate him and giving him a list of hostels, when you do not know if he will have a bed for the night. They leave your door and you do not know where they are likely to end up, what trouble they may get into or under whose influence they may fall.

302.

Ms Gildernew: I asked about the problem of women and the lack of temporary accommodation, which you did not touch on. Also, Mr Wilson made a point about 16 and 17-year-olds who present themselves as homeless, and then find suitable temporary accommo­dation. Are they still on the homelessness list if they go back to their family home? The circumstances which caused them to leave in the first place could still be at work. However, if they have nowhere else to go and it is a choice between the street or going back home, are they taken off the waiting list?

303.

Mr Walsh: If a 16 or 17-year-old presents to the local office as homeless because of an argument at home [Interruption].

304.

Ms Gildernew: Or abuse.

305.

Mr Walsh: If something has happened to prevent that person returning home that night, they can go to the local district office where they are assessed. While that individual may be homeless, he may not meet the current criteria for priority need and therefore there would not be a statutory responsibility on the Housing Executive to provide temporary or permanent accommo­dation. When he found another address he could be reassessed and pointed accordingly. However, under the existing rules he would not be deemed as being in priority need.

306.

Abuse is a different category because it falls outside the remit of being determined solely by a housing professional, and social services would have to become involved. If a young person were to arrive in the homeless unit in Belfast and suggest that there was abuse involved in his case, we would insist on the social services becoming involved. Social services could explain that. The Executive would ensure that the case was treated in utter confidentiality. We would not ask the family or whoever if they were abusing the child. That case would be dealt with by social services as that staff has experience in handling such cases. Therefore, we would work jointly with another agency that has the professionals who can deal with the needs of that individual.

307.

If a 17-year-old was put out of home after a row with his mother and he presented as homeless, there would not be a duty to provide temporary accommo­dation for him. Some of those people are the most vulnerable, and to say that the rules do not allow us to provide temporary accommodation is not sufficient. If temporary accommodation was provided but they patched up the differences and felt able to return home, then they would be deemed to be no longer homeless, and the case would be closed. I am making a distinction between someone who can return home because the matter has been rectified, rather than being forced back home because there is no alternative. That would not happen.

308.

The woman's refuge you referred to - and others - could not be sustained for financial reasons. The Committee has already examined the Supporting People initiative. They will break the rules down into a pot for the various services that are needed and the housing benefit element of that. The departmental officials have discussed that with the Committee, and the Minister has addressed it. There are some people who will view this as a threat to the level of services, but in April 2003 we will broadly have the same level of resources.

309.

The Chairperson: We cannot assume that. You may assume that for 2003, but you cannot assume that for every year after that.

310.

Mr Walsh: That is exactly the point that I was about to make. In 2003 the pot will be sized to guarantee this level. We have to develop the long-term strategy of how to meet need in various locations, including Women's Aid refuges in some locations. That is why the strategic approach that we suggest in our submission is not about a Northern Ireland strategy, but a local strategy to meet the needs of local people are homeless. The Supporting People fund will broadly be the same resources for the same people in a different way, but the difficulty is that there is nothing to say what that will be.

311.

The Chairperson: I do not think it is a simple as that either. There are three or four levels when dealing with homelessness, including social services, education and legislation, and they all have a role to play in this. Although we may be the lead Committee or lead Department, other Departments also have responsibilities. We do not want to be left with issues, as we were with others, such as the special purchase of evacuated dwellings (SPED) scheme. The Committee is taking responsibility for an issue that is not ours, as far as housing associations are concerned. Thank you.

MINUTES OF EVIDENCE

Thursday 14 February 2002

Members present:

Mr Cobain (Chairperson)

Ms Gildernew(Deputy Chairperson)

Sir John Gorman

Mr B Hutchinson

Mr G Kelly

Mr O'Connor

Mr ONeill

Mr M Robinson

Mr Tierney

Mr S Wilson

Witnesses:

Mr L Moffat    )                      Shelter Northern Ireland

Mr R Cashell   )

312.

The Chairperson: Oral evidence in the homeless­ness inquiry will be given by Mr Moffat and Mr Cashell from Shelter Northern Ireland.

313.

Mr Moffat: I thank the Committee for setting up the inquiry and for inviting us to make an oral presentation. We are happy to do that because the issue is important. Housing Executive statistics show that more than 12,000 applicants presented as homeless last year. Of the 9,000 who were found to be homeless, more than 6,000 were accepted as priority homeless. Homelessness is a serious problem in Northern Ireland and a specific system is required to deal with it.

314.

There are two strands to that system. First, there must be a statutory system that involves legislation. Secondly, there must be an adequate supply of both temporary and permanent accommodation. The legislative framework must do two things: define homelessness clearly; and place a clear duty on a statutory body to receive, identify and house homeless people. We argue for legislation and an adequate supply of both temporary and permanent accommodation as the twin means to tackle homelessness. The Housing (Northern Ireland) Order 1988, which deals with homelessness, is already in place. It defines homelessness and places a duty on the Housing Executive to identify, prioritise and house homeless people. We are generally happy with the legislation.

315.

Shelter Northern Ireland spent some time in the 1980s arguing for legislation. In October 1983, we met Chris Patten, the then Under-Secretary of State at the Department of the Environment. We are sympathetic to and supportive of the legislation. However, we wish to see it improved on and used as a framework around which a preventative strategy can be built.

316.

I shall go through the recommendations that we have made to the Committee, which are in section 5 of our document. Our first recommendation is that the present legislative framework. It should continue to define homelessness and place a clear duty on the Housing Executive to deal with it. In that context, we wish to see improvements made to it.

317.

The first improvement that we wish to see is that the Executive must be required to draw up a strategy to ensure that homelessness be prevented. They must be more proactive than at present. Secondly, we wish to see those priority groups which currently exist expanded to include 16- to 21-year-olds leaving care or subject to the Children (Northern Ireland) Order 1995 and 16- to 18-year-olds who are homeless or threatened with homelessness. The Housing Executive must be responsible for dealing with their housing needs

318.

Thirdly, we wish to see improvement to the concept of intentionality, which unfortunately we feel is necessary to deal with abuse of the system. However, it must be more tightly defined to include only the intention of an act rather than its consequences. If theintention of the act were to become homeless, that would be seen as intentionality, but if homelessness were the consequence, that would not be seen as such. We wish to see the matter of intent more clearly focused and defined than at present.

319.

Fourthly, we wish to see a speedy appeals system put in place so that those homeless applicants who are rejected can go through an independent appeals system to put their case for a reassessment of the Housing Executive's decisions. The next matter concerns the common selection scheme. The selection scheme allocates housing to those defined as being in need. We now have a common selection scheme, but it has to some extent modified and undermined the priority originally given to the homeless. We should like to see an assessment done on the scheme's impact on the rehousing of homeless applicants, especially full-duty applicants.

320.

Our next recommendation concerns temporary accommodation, which we believe should be provided by the not-for-profit sector, which essentially means voluntary groups, rather than by the private sector. The voluntary sector is in a better position to understand the needs of homeless people and provide them with the necessary support.

321.

That leads on to the issue of the private, furnished sector. That sector is uncontrolled, and some controls should be introduced into that sector for security of tenure and affordable rents. Many non-priority homeless people end up in the furnished sector. The furnished sector is also one of the causes of homelessness according to recent documentation produced by the Housing Executive. People are forced to leave the furnished, unregulated sector. Regulations should be brought into that sector to tackle that problem.

322.

Our next recommendation concerns the supply of public sector housing. The Committee is probably aware that the supply of new buildings in the public sector has been falling consistently in the past 10 years. In fact, 2000-01 was the lowest on record, with 1,156 completions, which is totally inadequate. The Housing Executive, in its most recent review of the market, argues that just to keep on top of urgent need, we need to provide 1,500 completions per annum in the public sector. We are falling well below that. Moreover, the Housing Executive's house sales scheme is racing ahead. It sells around 5,000 houses per year, and in the 1990s there was a net loss of around 25,000 public sector houses. That is not a sustainable policy. Public sector housing is required for re-allocation to those in need, and we want to see a study of the impact of the house sales scheme on rehousing those in need, including the homeless.

323.

Our final point concerns resources. We are aware that there has been an increase in people presenting as homeless, partly as a result of inter-community, sectarian violence, and various fallouts within paramilitary organisations. There have apparently been more cases of intimidation. That increase indicates that homelessness is, to some extent, demand-led. We would argue that cash for emergency accommodation should not be limited, but demand-led. That is essential if we are to tackle the whole issue of homelessness, especially in a situation in which there are considerable levels of sectarian violence and paramilitary-sourced intimidation.

324.

Mr O'Connor: You said that Shelter Northern Ireland would like there to be a clearer definition of homelessness. What would you specifically like to see contained in that definition? You also talked about building for supply to meet demand in the Housing Executive. My area has a homeless problem yet we also have 250 unoccupied properties. How do we marry those two things? I partially accept what you said about house sales. You mentioned that Shelter Northern Ireland would like to see an appeal system. Does the Housing Executive decide that somebody is not homeless and the same body reviews that decision? Is an inde­pendent appeals system needed? I have raised that matter with the Minister, as I know it concerns some people.

325.

Mr Moffat: An internal system operates at present, but as you have rightly described, those making the original decision are being asked to reassess it. That is not satisfactory, so we are arguing for an independent appeal system. We stand by that argument.

326.

The question of supply is straightforward. Supply is falling - it is now down at 1,100 completions per year in the public sector against a minimum target of 1,500, which is the figure for which the Housing Executive argues.

327.

That supply is now inadequate, despite the fact that there are around 200 empty properties in your area. Those properties should be brought back into use if they are fit in which to live. I do not know the particular circumstances in Larne. Perhaps the houses are unfit or there are problems in the area. Perhaps there is insufficient money in the Housing Executive's kitty to improve the houses and make them habitable. Empty houses should be brought back into use if possible.

328.

Shelter Northern Ireland is not arguing for a change to the definition of homelessness. We are saying that any statutory system must have a clear definition. The Housing Executive should have a duty to draw up a strategy in order to prevent homelessness. That strategy should become a new element in the legislation. That should be the Housing Executive's job, instead of reacting to homelessness in a "firefighting" way.

329.

Mr Cashell: One definition in the legislation is that a person can have an address but that it is not reasonable for that person to remain there. That is a rather broad definition, and it allows the individual assessing officer a large area of interpretation and discretion. I would not necessarily argue that the legislation should be more precise. However, there must be transparent guidelines that explain the boundaries of reasonableness in any individual case. That definition could be widely interpreted, or it could strictly interpreted - especially if there is an appeal against a decision. Some sort of framework must exist. I am not arguing that it must become primary legislation. However, it should be in the system.

330.

Problems exist in the UK with under-supply or over-supply on popular estates and with extensive demolition programmes. Those problems co-exist with extensive homelessness in most cities. The Housing Executive in Northern Ireland is demolishing buildings at the same time as it is undertaking new building programmes in the same area. Much of that is to do with why individual properties are vacant. Shelter is unhappy with a formula that forces homeless people to live on the worst estates where no one else wants to live. That creates an entirely new set of problems. However, I agree that that needs to be seen as part of a prevention strategy in the context of a real strategy that deals with the reasons why individual locations are unpopular, are difficult to let or are surplus to require­ments. Such buildings must be replaced with what is needed and with what people want.

331.

Mr B Hutchinson: Do you believe that the definition is effective in dealing with homelessness?

332.

Mr Cashell: No. Because the definition can be so widely interpreted there is much litigation regarding whether people are homeless or not. The real problem is in tackling the priority-need group effectively. Many people who are recognised as homeless are not entitled to the full amount of support and intervention because the definition of the priority-need group is being rigidly interpreted. Those people are not being given full duty applicant status and, therefore, are not given a fast track.

333.

Shelter Northern Ireland is concerned that the concept of a priority-need group needs to be reconsidered and that everybody who is homeless gets the appropriate help. That help might take the form of temporary or permanent accommodation. However, Shelter has always had a problem with the priority-need group concept. That could be dealt with either by abolishing the test or by having a more generous definition. The problem of young single people who fall outside that definition has been specifically mentioned. Those people need assistance.

334.

Mr B Hutchinson: The view of other people who have given evidence is that the Housing Executive figure of 12,600 applicants is much higher because of the notion of the "hidden homeless". Do you agree with that?

335.

Mr Moffat: Shelter does not disagree with that. We have used official statistics because it is difficult for people to argue against them. The Simon Community and Women's Aid, for example, collect statistics on the homeless. Those figures should be taken seriously by anybody who looks at them. Shelter is not saying that there are no more than 12,600 applicants per year. We have used those statistics because they are probably more acceptable.

336.

Mr ONeill: I apologise for arriving late. I may have missed some important points. However, in reply to Mr Hutchinson's question, you said that the existing legislation was inadequate, which is correct, as there was a 20% increase in applicants in the past year. I shall focus on the new housing Bill. I do not know whether your presentation mentioned whether you had seen it or knew what was to be included in it. The Committee is concerned about getting the legislation right.

337.

What are your views on the strategies employed by agencies in Britain or the Republic of Ireland that could prove effective? Do you have any views on the current legislation in Britain or examples of good practice that would be suitable for us to adopt? I am worried that we may end up with a housing Bill that only keeps pace with problems, rather than overtakes them. Given the 20% increase in those presenting as homeless, we must take control of the situation. In your experience, what examples of good practice and what strategies would help us to get on top of the escalating problem?

338.

Mr Cashell: Unfortunately, I am not sure that we can identify many examples of broad-based good practice. The last draft housing Bill that I saw was dated 1996. That was largely geared towards mirroring the proposals for the 1996 housing legislation in Britain, which was dictated by the philosophy of the Conservative Government. We were unhappy with the direction that was being taken and with much of the content of the Housing Act 1996, and we would have been very unhappy had it been brought in here. Some components of the draft housing Bill that remained intact while it moved through different systems here are still trying to follow the old Conservative agenda that is redundant in England. We want to ensure that, whatever direction it takes, the legislation follows more up-to-date thinking.

339.

The Westminster Government's action in reversing what we consider to be the damaging effect of the Housing Act 1996 is not as far advanced as we would like. Many issues still apply in England that do not apply here, such as those affecting people moving across boundaries. For example, there was a notion in Northern Ireland that a person could be in category A in his or her own district, but that did not mean that he or she would be in category A in another district. That sort of mechanism compounded the problem, because homeless people who wanted to be rehoused were restricted to their own district. The equivalent provision in England was much more rigid. People must have much more mobility. That is a problem of the admini­strative, rather than the legislative, system.

340.

Many local authorities - in Scotland more than in England and Wales - are taking a much broader view of the extent to which young people are vulnerable. Therefore, they automatically take the view that a wide range of young people can be considered to be vulnerable and to have priority need. They do not have to be so severely at risk that they have already come to the attention of social services, or become the respon­sibility of social services under the Children (Northern Ireland) Order 1995. That is an example of good practice in which local authorities are taking such a broad view. They are also taking a pragmatic view of the sort of housing and the sort of help that those young people need. It is not just a housing issue for many homeless people.

341.

I cannot give you specific examples at the moment, but there is a general trend towards recognising that young people need help. They are only going to be successfully rehoused if they get back-up and support.

342.

We are involved in the design of housing projects here based on English models. The example of the foyer movement is one that is often cited. There are four pilot foyers in Northern Ireland and the Department here has taken the view that there will not be any more until there is a proper assessment of their success. We would like to see that develop, and a decision taken as to whether that type of provision is a real contributor. That type of project is widespread in England. There is a policy that every town should have one. There is an assumption that the foyer movement is working for young homeless people. However, we need to consider whether it applies to Northern Ireland's circumstances, and if so, to expand it.

343.

The other point is that the traffic, the throughput and the success in housing people is primarily a system and supply issue; it is not a legislative issue. The large number of people who are getting full duty applicant status, but are still in the system, is part of the problem. The fundamental factors are the speed of throughput, and the availability of suitable and permanent housing in the areas where people want it.

344.

Throughput in Northern Ireland is generally faster than in many areas of England, Scotland and Wales. However, that is not a reason to be complacent. A stay of more than one year in temporary accommo­dation is relatively unusual in Northern Ireland. However, even that is unsatisfactory if the temporary accommo­dation is not good. The quality and range of temporary accommodation in Northern Ireland needs to be seriously addressed. Again, that is a delivery issue, not a legislative one. We should not be using hotels and bed and breakfasts. Small rural towns should not be shifting people, for example, from Omagh to Five­miletown to stay in a hotel because they are homeless. Once again, however, that is not a legislative issue, but a funding and planning issue.

345.

Mr ONeill: You rightly separated the legislative issues from the delivery of the service. It strikes Committee members in listening to contributions, that there are many well-meaning people and agencies involved. However, the delivery of the service seems to suffer from a lack of cohesion. Although it may not be included in the legislation, is there anything that you would suggest should go into the advice notes of the legislation that would ensure a more coherent approach to what is a multi-faceted problem?

346.

Mr Moffat: The Housing Executive should have a duty to draw up a preventative strategy in conjunction with the various groups - especially the voluntary sector and the health boards - that come into contact with homeless people, in order to ensure that there is a comprehensive range of solutions. Of course, that requires resources, and there is an issue of supply meeting need. We would argue that the Housing Executive must take charge of the system. It should be working with organisations that deliver other services, such as health bodies.

347.

Mr Cashell: It comes back to one area of good practice. Several local authorities in England, and certainly in London, had private sector conciliation operations under the aegis of their housing departments, which actively worked to prevent evictions in the private sector, rather than pick up the homeless case that was the result of the eviction. That was in the context that private sector tenants had at least some basic rights in the English legislation, which they do not have here.

348.

We would like to see more legal protection for tenants in the private sector, and that the illegal evictions that take place be more rigorously policed. There have been practically no prosecutions of private landlords for illegal eviction in Northern Ireland. In the few cases that there have been, derisory fines of £50 were imposed. The Housing Executive should have a preventative role to play. Its homeless unit should be able to assist people who present as homeless and say that their landlord is going to throw them out. The homeless unit should be able to deal with that problem, either by preventing the eviction, or, at least, by going through the proper legal channels. That would be better than asking the person to come back when they are out on the street.

349.

The Housing Executive has that sort of role to play. Due to the extent of the problem in cities in England, that has been seen as a valid role that can work. However, it must be in the context of a legislative framework, so that the tenants have that protection.

350.

Primarily, it is a question of making sure that cases are properly heard. There has been a shift under the common selection scheme, which we welcome. It used to be implied that if a person did not use the magic word, "homeless", when he or she went into the Housing Executive district office, then the fact that the person may be homeless was not considered. One of the core principles of the new common selection scheme is that everybody is considered to be potentially homeless and is assessed for that possibility before the mainstream assessment. If that is actually happening, it is a major step forward. It may be a while before we see the impact of that on the ground, but it is one of the principles enshrined in the new system. It has been clearly declared as one of the core principles of the new system - everybody is considered as perhaps being homeless. That culture shift is a great improvement if it is occurring.

351.

The Chairperson: You can understand the difficulties with house sales. My personal opinion is that there is no possibility of us restricting house sales. That has been in force for several years. Any attempt to restrict house sales could quickly lead to the courts. Tenants already have that right; it would be difficult to take it away.

352.

I also seek clarification on the issue of homeless­ness and where people want to live. That causes enormous difficulties in that there is high demand for certain areas. Mr O'Connor has indicated some areas - and I am sure that there are others throughout the Province - where people do not want to live. That restricts the stock even further. The problem cannot be addressed through resources alone.

353.

Mr S Wilson: When you were talking about someone priority need in one area but not in another, one of your recommendations was that priority need should be carried over to whatever area a person chose in which to live. Is that suggestion not likely to exacerbatethe problem to which the Chairperson has referred? I am sure that we all know of people who, once they obtain homeless status, will hold out for a property on the best estate. I do not blame them for that; they know that they will never have a better chance to get it. They refuse properties in areas that are regarded as less popular. Does the proposal that an individual can carry that to anywhere in Northern Ireland not ensure that housing stock becomes even more underused, because it discourages people from taking up offers in certain areas?

354.

Mr Cashell: The problem of effective use of the property is difficult; it is a multi-faceted issue. Our basic principle would be that someone who is homeless should not be treated any worse than someone who is seeking rehousing under other circumstances. Most people on the waiting list probably do as you described. They may feel less pressurised because they are being rehoused out of a damp or overcrowded house and may be in a better position to wait, but they are also holding out for the area that they want. It is not only homeless people who are doing so. There is absolutely no reason that people who find themselves to be homeless should be treated worse than anyone else in the system. That is one of the fundamentals.

355.

All applicants in the system can lose their priority or lose their entitlement to further offers by declining reasonable offers. The same penalty exists for the homeless person as for anyone else if during the process a person turns down what are otherwise reasonable offers because he or she is holding out for a certain area.

356.

There is a risk that, because it is very difficult within all the policies to get a transfer out of an unpopular area, people will be afraid that if they are offered and accept only the unpopular area they will be trapped there. What have been labelled "sink estates" have developed in some parts of the United Kingdom. Even in Northern Ireland blocks of flats in some areas have a high turnover and a highly transient population. Only homeless people will accept an offer in them, because that is all that they will be offered. That is very damaging to the reputation of an area; much of that damage could be limited by developing a system that gives homeless people the same priority and entitlement as anybody else.

357.

We should ensure that if a person wants to move into an area - which may be an unpopular area outside the area in which he has declared himself homeless - he has the widest possible choice in order to better use the property. There should be no artificial barriers. The problem occurs when homeless people are told that they will be offered anything in the Greater Belfast area but that they will be disqualified if they refuse two offers. We do not want such a system, because its restrictions apply only to the homeless. We must widen people's choice.

358.

Mr Moffat: We do not argue that the house sales scheme should be modified or stopped. House sales have increased, yet the rate of replacement new buildings is falling. That will have consequences for the future. We should try to find out what the consequences of the sales policy will be on the quality of the stock and what opportunities are left.

359.

The Chairperson: Judging by your figures, one need not be a rocket scientist to work out the consequences.

360.

Mr Cashell: We need a minimum of 3,000 more houses a year than are currently planned.

361.

Ms Gildernew: The house sales scheme has affected the homeless; yet your recommendations do not mention rural homelessness. We know that there is a problem of hidden homelessness in rural areas. There are far fewer facilities for people who find themselves homeless in rural areas. How might that be tackled? There is a lack of facilities for women. Women with children often find their way to Women's Aid - wherethere is a Women's Aid hostel or temporary accommo­dation - but there is rarely accommodation for single women. Young women can find themselves in very difficult situations. Often they are away from home or from their own areas, and they can end up in Belfast or somewhere where they are much more vulnerable.

362.

Mr Cashell: The house sales debate has already gone through the Committee, and I do not want to re-open it. Any attempt to change the sales policy would be difficult. The Rural Housing Association is gearing itself to creating small-scale village and crossroads develop­ments and small local responses. We hope to open a hostel for young homeless people in Omagh, for example, with capacity for 12 to 18 people.

363.

Rural responses must centre on the nearest medium-sized town, and therefore very localised responses would probably be quite difficult. There must be much more small-scale localised provision, particularly in the west of the Province, which should be run by the not for profit sector. The small-scale developments, such as those being created by the Rural Housing Association, should take into account localised demand.

364.

Ms Gildernew: What about women?

365.

Mr Cashell: The hostel that we are talking about will be for men and women. Women's Aid is probably better at providing separate provision. It is the only experienced provider for such accommodation. If it develops it will take people without children as well as people with children, and I understand that it does so already.

366.

Ms Gildernew: If there is room.

367.

Mr Cashell: People without children do not get the same priority. That is one of our problems with the system. I agree that there must be provision for lone adults, particularly young lone adults.

368.

Mr G Kelly: Can you expand on the redefinition of intentionality? You said that it should include only those situations in which homelessness is the intention, not the consequence, of the action? How should primary legislation deal with that?

369.

Mr Moffat: If a tenant refuses to pay rent because the landlord refuses to carry out repairs under the terms of the lease the tenant may be evicted. That would be the consequence of a legitimate act by the tenant in trying to ensure that the landlord adhered to the lease. A tenant who stopped paying rent for no reason would appear to want to be evicted - in other words, homelessness would be the intention.

370.

Mr G Kelly: How would you deal with that legislatively? Would you deal with that as part of guidelines in the Housing Executive strategy?

371.

Mr Cashell: There are two ways of dealing with it. The first is through an anti-fraud measure. "Deliberately worsening your circumstances" was the phrase that was used in the selection scheme in the past. That is how intentionality should be defined. It should be clear that a person had deliberately worsened his circumstances in order to benefit from the scheme. It would be possible to remove intentionality and to cover the matter under the general deliberate worsening of circumstances or fraudulent application provision. I do not believe that the legislation defines intentionality. The system does not define intentionality; therefore a system change could deal with it. We are concerned that many young people make misguided decisions, and they become homeless as a consequence. Inten­tionality is being used in that framework unfairly.

372.

Sir John Gorman: Mr Moss, a previous Environment Minister, took the Housing Executive out of new house building and put the housing associations into it. Chapter five of a White Paper for local authorities in the United Kingdom, which was issued on 20 December 2001, deals with housing finance. It states that housing bodies with a proven record of achievement in housing could be allowed to enter the private market for borrowing. The difference is often no more than 0·5%, and that results in the Housing Executive's no longer being able to build new houses.

373.

At least 1,500 Housing Executive houses are needed between now and 2005. We now build 900 houses a year, and that has dropped over the past three years. I urge you to attend to that and to use whatever muscle you have to raise the figure to 5,000 new houses. Forget about the disappearance of house sales because this year the Housing Executive proposes a capping scheme that will bring up the discounted value of housing. However, people will be eager to get in before that takes place. It is bad now, and it is getting worse. I do not count solely on you to consult us - perhaps the public could get involved.

374.

Mr Cashell: Shelter has no problem with the Housing Executive's re-establishing its development programme. We are concerned that the shift to housing associations is financial and ideological, and it is not based on an assessment of ability to deliver or equality of management. We have no problem with parallel work between the Housing Executive and housing associations. The target is to build 5,000 houses a year.

375.

Mr Moffat: For obvious reasons we have not dealt with the role of the Housing Executive, the housing associations and finance for housing - of who can build and in what circumstances. We have not argued that the house sales scheme should be abolished - it is politically impossible to do that, even if it were desirable. However, more public sector houses must be provided.

376.

The Chairperson: Thank you for your interesting and informative contribution.

MINUTES OF EVIDENCE 
RELATING TO THE REPORT

MINUTES OF EVIDENCE

Tuesday 19 February 2002

Members present:

Mr Cobain (Chairperson)
Mr Hamilton
Mr B Hutchinson
Mr ONeill
Mr M Robinson
Mr Tierney

Witnesses:

Ms M O'Boyle                        )
Mr D Burns                        )                         Homefirst Community Trust
Mrs E Arrell                        )

425.

The Chairperson: The Committee welcomes Ms Mary O'Boyle, Mr David Burns and Mrs Enda Arrell from Homefirst Community Trust, Antrim.

426.

Ms O'Boyle: We are approaching this from the viewpoint of mental health social work and our experience of working out of hours. We use a definition of homeless­ness given by Shelter: "A home is somewhere affordable, of adequate size and design, in good repair, safe, secure, with support when required, within strong and inclusive communities."

427.

The most common cause of homelessness is mental illness. About 30% to 50% of people who are homeless have a mental illness. It can be a cause of homelessness, and it can also be a result of homelessness. Some people who are homeless have a dual diagnosis - a mental illness plus an addiction problem. People who are homeless have no one to alert mental health services. You will have heard of the Christopher Clunis case. The point was strongly made at the inquiry that he was wandering around homeless, and nobody knew that he had a sister who was terribly worried and trying to get services for him.

428.

After mental illness, substance misuse rates highly. Others reasons for homelessness are relationship breakdown, intimidation, paramilitary threats, domestic violence, eviction, lack of family support and poor housing in the private sector. I have already forwarded some information to the Committee, but I want now to relate that to our local situation. The following infor­mation has not been validated in any way. It was put together by a member of the addiction team - a senior social worker - when we were looking at need in relation to the necessary provision of accommodation.

429.

In the Northern Board area, the total number of people identified with substance misuse and accom­modation problems in the financial year 2000-01 was 111. I will break that figure down. Fifty of those people were in the Ballymena area - you will know from the press that there is a high incidence of drug abuse in that area. Thirty-six were from the Magherafelt and Cookstown area; 14 were from Antrim; five from Larne, Carrick and Newtownabbey; and six from Coleraine.

430.

As for my own experience, in July last year the out of hours social work service had 10 referrals in two weeks, and in two months last year - May to July - probation had eight referrals in our local area. That gives you an idea of the large number of homeless people, under our definition.

431.

We use Housing Executive accommodation, and we work closely with the Housing Executive. We also use private accommodation such as bed and breakfasts, hotels and voluntary hostels such as the Simon Community, the Mid-Ulster and South Tyrone (MUST) hostel in Cookstown, Women's Aid, et cetera. That is not without problems, because the voluntary hostels all have restrictions, and several of them do not take people who have alcohol or drug problems. The majority do not take people who are suspected or convicted sex offenders, and when we have people referred with that kind of background, we have great difficulty finding accommodation. I have spent hours on the telephone with the Housing Executive between 9.00 am and 5.00 pm trying to get accommodation, and then out of hours, sometimes in co-operation with the police, who help us out.

432.

Issues relating to the provision of care for the homeless centre on staffing - there is a need for staff to be trained, to have training in mental health and substance misuse and to have a tolerance for people with those problems.

433.

Accessing health services is a big issue. We find that GPs are unwilling to add homeless people to their caseloads, and dentists are unwilling to treat them. Therefore, their general health and mental health deteriorate. We approach the Central Services Agency in such cases - a GP can be compelled to take a person on for a month, but they usually sign them off at the end of that time, and the cycle continues.

434.

There are also issues about the social and rehabilitation needs of homeless people. The Homefirst Community Trust aspires to having people assessed and rehabilitated, so that they can become independent like everyone else and access normal housing. However,they can only do that with support, but there is no support for them. Homefirst does what it can, but its time and resources are limited.

435.

Homeless people find it difficult to access benefits because they must keep moving. They might stay for one or two nights in one place and then move on. Therefore, they are always claiming benefits in retrospect, which is difficult. There is also a big problem with community tolerance. Nobody wants the problem in their back yard. That affects people who have alcohol and drug problems, or who are sex offenders, in particular.

436.

The Committee asked what arrangements we have in place to deal with homelessness. As I said, the 9.00 am to 5.00 pm service is provided by the Housing Executive and an out of hours service is provided by social services. We only deal with vulnerable people, those with mental health problems or physical disabilities, or those who have been discharged from prison.

437.

The Committee asked how well our arrangements address the issues. As I said, the services are OK for some people. The big problems involve alcohol, drugs, sex offenders and families. It is difficult to accommodate families together. Our existing arrangements are inadequate. If we get accommodation for someone, they only get a bed for the night. If, for example, we accommodate a family, there are generally no cooking facilities or meansof preparing babies' bottles. Those people rely on the goodwill of the proprietor, which is variable.

438.

The mix of residents can also cause difficulties, particularly in guesthouses. For example, we would not want to arrange accommodation for someone with a history of sex offences in the same place as a family. Unfortunately, we do not have the selection of accommodation to allow us to pick and choose. Often, our priority is simply to get a roof over a person's head. The majority of proprietors are unwilling to take Housing Executive or social services clients.

439.

I would like to say more about the changes that Homefirst would like. In Homefirst's area there is a need for what we call a "wet hostel" - some sort of accommodation that will tolerate people with alcohol or drug problems. There is also a need for a "move on" place. I do not know whether the Committee members know of Carlisle House in Belfast. The Presbyterian Church's Board of Social Witness runs it. It provides "move on" accommodation for people who are receiving treatment for addiction problems. They are supported there for a while, and, hopefully, they then move on to greater independence.

440.

Homefirst would like more accommodation to be provided for teenagers, not only those who have been in care, but those who have family difficulties or behaviour problems and are no longer able to live with their families. There is also a need for accommodation that is exclusively for women. We would also like more formal co-ordination and stronger links between Homefirst and the Housing Executive. We work well with the Housing Executive on a local level, but there is no overall formal co-ordination to tackle homelessness.

441.

You may be aware of a pilot project that took place a few years ago in Belfast along those lines, involving the Housing Executive and social services. Any contact I had with them resulted in good outcomes, and it was very successful. They had a much more co-ordinated approach, and, being in Belfast, they were able to access a better range of accommodation. I know that some folk that we referred to them were rehabilitated and moved to independent support.

442.

Our knowledge and experience of other organ­isations in Northern Ireland is good, but outside Northern Ireland it is limited. We use the Housing Executive's Alveston House in Ballymena, which is comprised of flats. We use voluntary hostels. We use the MUST hostel in Cookstown. It has a high tolerance level for people who have been released from prison, but does not accept those who have convictions for sex offences or are potential sex offenders. We use Women's Aid, the Lighthouse in Ballymena, and the Simon Community. The arrangements provided by other organisations have their good points and their bad points.

443.

The difficulty is that admission into much of the available accommodation needs to be planned in advance. That is a problem in an emergency situation. You cannot have a planned admission at 1 am or 2 am. We would like to have more emergency accommodation. As I said earlier, accommodation is not open to all groups. Finance often causes problems, because people get a bed but have no money for food. If they are vulnerable, we can meet that need through social services. However, if they are able-bodied and have come out of prison, we are unable to help.

444.

At present, we work closely with the Housing Executive. We carry out their role out-of-hours. Funding enables us to provide a bed and a taxi to wherever the client is going. What do I feel about funding for the homeless? I believe that we need more than beds. Support and rehabilitation is important. Some money needs to be spent on creating an inter-agency approach. Organisations are all too willing to avoid a particular problem. There is not, at present, a good climate of inter-agency co-operation.

445.

We need a range of accommodation to cater for difficult-to-place groups. We need rehabilitation and support services. We need move-on facilities, and we need good access to the health services.

446.

The Chairperson: I must apologise as I have to go to another meeting. We agreed earlier that Mr ONeill would chair the rest of the meeting.

447.

Ms O'Boyle: I have brought a copy of an article about homelessness and mental health risk assessment, which you may find useful. I will leave it with you.

448.

The Acting Chairperson: Thank you very much.

449.

Mrs Arrell: You may be aware that in the past year we have opened a new facility dealing with addiction and substance misuse. As part of our pro­gramme, we advise clients to avoid the people and the places where substances are used. That is difficult when there is nowhere else for them to go. Very often, at the point when they come to us in the addiction unit, family relationships have broken down. They are sleeping homeless in the streets, or are in houses often frequented by four or five other people. They may go on to Carlisle House, but they will stay with us for two to three weeks. At the point of discharge, they may be homeless.

450.

As Ms O'Boyle said, we do not have an overall agreement, but we have been able to have people assessed as homeless prior to leaving the ward. That means that there will be some arrangements in place before they walk out onto the street. This is something new that I have developed over the past few months. It is a problem when people go out onto the streets and meet those with whom they used substances before.

451.

You may also be aware that maintenance prescribing is not yet available in Northern Ireland for people who have been abusing substances. Dr Karen McElrath at Queen's University is currently investigating that problem. It is hoped that when that committee meets in June, some form of substitute prescribing will be available, which is tied into a GP and a pharmacist being able to prescribe. For example, situations have arisen where people who leave the unit have a GP in one town and the Housing Executive is offering them accommodation in Belfast. We have in place an arrangement where a GP and a pharmacist may offer a longer detox programme in the community. That is not feasible, however, if they are going to be offered accommodation in Belfast, Portrush or wherever. We need accommodation appropriately located.

452.

The Acting Chairperson: I am sure that Members will have questions to put to you. Your invaluable experiences will help the Committee understand the problem throughout the whole of Northern Ireland. You discussed a "wet hostel". Have you in mind something like the Brunswick Street hostel?

453.

Ms O'Boyle: We are thinking along the lines of the hostel in Derry, which has a high tolerance level for people who are still drinking, and it is successful. I am not familiar with the one in Brunswick Street.

454.

Mr Tierney: I am from Derry, and I know that one of the problems is becoming listed as a homeless person. In Derry, it can take over a year to be re-housed. Even if a social worker reports that a person has a priority need, there are those homeless also. Being given priority need does not automatically mean a person will be re-housed. Once a person is in the hostel, classified as homeless and assessed for points for housing, it can take a while to be re-housed, because of the lack of housing. The easy solution is to build more homes; that would take away the problem. However, we are not going to get the needed new housing in the near future.

455.

Is it your opinion that homeless persons should stay in the hostels until they are re-housed? You mentioned earlier someone who was on the ward for a month.

456.

Mrs Arrell: The normal length of stay is three to four weeks. Ms O'Boyle has explained that some people go on to Carlisle House alcohol and drug treatment unit or to Northlands - those are eight-week programmes. However, some people decide to leave after the three or four weeks, and supported accommodation is then needed where staff have some understanding of addiction and relapse prevention and are available to help. The problem with some of the hostels, such as Women's Aid, which I have used for women leaving hospital, is that no-one is available after 5.00 pm or at weekends when the staff are only available on call. We need more supported accommodation with a phased re-entry into the community.

457.

Mr Tierney: I would support that proposal. Are you talking about purpose-built accommodation, with the proper staffing, for the second phase after the three to four weeks?

458.

Mrs Arrell: Carlisle House and Gray's Court do have that sort of supported accommodation. It helps the person to move on from the intensive treatment and breaks them gently back into the community, with support from the Gray's Court staff.

459.

Mr Tierney: I have a final question. You said that different agencies are involved and that that there are so many homeless people that each says, "It is not my problem". Someone has to take the decision on the homeless person's needs and the treatment that they require. Who would you see as making that decision? Would it be the Housing Executive or social services?

460.

Ms O'Boyle: It is both. The Housing Executive would make the decision between 9.00 am and 5.00 pm. While the Housing Executive staff are experienced, they would not be trained to assess health and social care needs. After hours, we do it. Ours is an emergency service. I was co-ordinator on duty for the Northern Board a week ago last Sunday, and I had three referrals for homelessness. I dealt with them all over the telephone by ringing different agencies, et cetera. I talked to the individuals on the telephone, but you cannot assess someone that way. It is very much an emergencyservice and dealing with the people who present; it does not involve doing a full assessment.

461.

The Acting Chairperson: You seem to have a considerable degree of experience in dealing with people who suffer from substance abuse, as opposed to alcoholism. Is there a difference in how people are treated, or is addiction in the homeless generally treated much the same? I am talking about solving the problem and how to rehabilitate people.

462.

Mrs Arrell: In Northern Ireland, drug misuse is relatively new. Substance misuse, specifically alcohol misuse, has been going on for a long time. In my experience, there is certainly more tolerance of alcohol. If people have been known to be drug users, or perhaps drug dealers, they will not get private accommodation anywhere. Their reputation goes before them in attempting to deal with estate agents or GPs. They find it extremely difficult to get GPs. We are constantly going through the Central Services Agency.

463.

The public are generally intolerant of drug users. If they see someone lying in the street intoxicated from alcohol, they are more likely to pity them or say "Poor so-and-so", but if the person's state is due to drug misuse, they are very much seen as having brought it on themselves. There is not the same understanding.

464.

Ms O'Boyle: Behavioural problems and challen­ging behaviour often accompany both alcohol and drug misuse. It is difficult for proprietors to tolerate that. You need staff who are able to manage that type of behaviour. That comes with training and experience.

465.

Mrs Arrell: The other thing about relapse pre­vention is that if someone leaves hospital in a clean state and goes into a hostel where there are two other users, they have absolutely no hope of surviving. They will be using in a short time. That is the other important thing.

466.

The Acting Chairperson: Are there no other questions?

467.

Mr Hamilton: I apologise for being late; I was at another meeting. Drug abuse was mentioned, and how landlords will not touch people known to be drug users. Those people obviously must experience a greater degree of difficulty in finding accommodation. What happens when they cannot, when no landlord will touch them? Is there any back-up there?

468.

Mrs Arrell: At the point where someone comes into the unit, families have often disengaged; they have said that they cannot tolerate the behaviour anymore. However, once someone comes to get help again, families often come back on board. Families often say that the person deserves another chance and will give them accommodation. I also do much work with families in providing support and helping to rebuild relationshipswhen the person is with us for treatment. That is followed up by a community addiction team.

469.

Ms O'Boyle: I recall a few occasions when people who had no conviction for sex offending moved into a neighbourhood and the neighbours assumed that, because they had just moved into the area, they had such a conviction. That has resulted in some not getting accommodation and in people standing outside the police station all night. It is an extreme example, but such things happen.

470.

The Acting Chairperson: Thank you for your evidence. We are collecting evidence on a range of homelessness issues, which will be distilled and used when we make any housing recommendations. All the evidence that we receive is valuable.

MINUTES OF EVIDENCE

Tuesday 19 February 2002

Members present:

Mr ONeill (Temporary Chairperson)

Mr Hamilton

Mr B Hutchinson

Mr M Robinson

Mr Tierney

Witnesses:

Mr P White      )                       Project Team Leader

Mr T McGrath  )                       Support and Lodging Scheme                                                Co-ordinator

377.

The Acting Chairperson: Welcome, Mr White and Mr McGrath. This is an opportunity to make additional comments to your written submission.

378.

Mr White: I have some additional material that the Committee might find useful.

379.

My name is Peadar White and I am a social work team leader in Craigavon and Banbridge Health and Social Services Trust. I manage a project called the young persons' project. With me is my colleague, Tom McGrath, who is also a social worker and who is also on the project. I thank the Committee for inviting us and giving us an opportunity to talk about the supported lodgings scheme.

380.

I will explain briefly the framework behind the young persons' project, which includes the supported lodgings scheme. Information is given on the back of the document 'STAY Project: Supported Temporary Accomo­dation for Youth', which has just been given to the Committee. This is a social work project but, unlike any other social work project in Ireland or further afield, it operates on a voluntary basis with young people perceived to be at risk of going into care or custody, or who are involved in behaviours or activities that put them at risk.

381.

We work in a voluntary capacity with young people and their parents. The project is very much community led and we are aware that in order for it to survive we must not use the statutory authority at our disposal. We have to listen to what young people, in particular, and the community, in general, are telling us.

382.

In 1998 it was clear that many 16- or 17-year-olds were being placed in the community mainly by their families because parents wanted them "off site". Those parents were prepared to act as guarantor for houses, and so young people ended up in flats alone and vulnerable. At that time the Housing Executive were referring cases to us, and people such as Mr McGrath and myself went out knocking on doors. I am sure that when Committee members are canvassing they will sometimes recognise the hollow sound of a knock on the door, which tells you that there is no furniture within. The young people were lying on mattresses: perhaps they had a small cooker, but they did not have much else. They were very vulnerable, and local people fed on that vulnerability.

383.

We told those young people about the support we could offer them. We tried to get them employment; we tried to ensure that they got the benefits they were entitled to, and we extracted money from local charities to try to set them up. It worked for some of them, but not for the majority.

384.

Accommodation is not the issue for us. We are from Craigavon and Portadown and there are estates full of houses that we could give to young people. Youth homelessness is not about bricks and mortar; they only support roofs. We must support the young people in the buildings.

385.

We talked to the young people. We told them that as a social services trust, we have options - we could offer them residential or social work places. However, they did not want that. It was practically impossible to find foster placements for them, so we decided that we had to come up with our own scheme - a supported lodgings scheme. We advertised in local papers; we recruited several people, checked their credentials and trained them to provide accommodation for young people in their own homes and communities. This is not rocket science; it is a simple idea about keeping young people in their communities and placing them with families where there is care and support. It is not the same as fostering. Young people can learn the skills that will enable them to live independently.

386.

Mr McGrath: The document sets out the wider supporting people schemes. There are certain key words: social inclusion, vulnerability and flexibility. Our model is flexible, and we are finding that other trusts are increasingly expressing interest.

387.

When we first set up the scheme, we looked at models in England. The article from 'The Guardian' in our submission is on a project called the Merseyside accommodation project, which is similar to ours. That project started with five providers eight or nine years ago, and it now has 150 providers as well as various teams.

388.

Our scheme is still on a small scale; we have six providers who live in their own homes. There are two in the Portadown area, two in Lurgan, one in Tandragee and another near Moira. The scheme has an urban/rural dimension. Costs are low because the scheme uses people's own homes. Young people usually present from social services or Housing Executive out-of-hours service, or have been kicked out of their homes. Increasingly I receive enquiries from young care leavers, and 'The Guardian' article talks about their vulnerability and the fact that they must be prepared for life skills.

389.

The project is like a bridging scheme; we have an 18-month period in which young people have an opportunity to develop life skills and become independent. They will have bricks and mortar around them and a roof over their heads - but the support side is as real as the bricks and mortar. Many supporting people initiatives are becoming available and we have made submissions to them about our young people's vulnerabilities.

390.

The issue is tied in with statutory legislation, and in the document, under the heading 'Legislation' you will see the relevant articles in Children (Northern Ireland) Order 1995. In the mid-to-late 1990s the Simon Community researched the matter and that led to the establishment of a working group.

391.

Under the heading 'Background' you will see a diagram showing two red circles with a grey section between. We have identified a small but significant number of young people who are in need, who are vulnerable and who are homeless. Ten young people have come through the scheme since it started in September 1999.

392.

A young person currently with us came from a young offenders' centre. He was heavily involved with the Probation Service and was known to the police. He has been in our supported lodging scheme since June 2001. When he came out of the young offenders'centre all the agencies involved were pessimistic about the viability of his remaining in the community. They all recognised that, had he been placed in a flat in the Craigavon/Portadown area, there would have been a strong likelihood that he would have returned to offending behaviour or attracting a certain type of person.

393.

The young man is now living with a Lough Neagh fishing family in a rural area just outside Lurgan. He is learning nursery gardening on a scheme called 'Give and Take'. His ambitions are to apply for his own accommodation by the end of 2002. That gives yousome insight into the type of young person currently availing of our service.

394.

Tomorrow night I shall place a young girl from foster care who wishes to get a job in the Portadown area. I have a placement for her in Tandragee. Another young lad is currently on a training course in Lisnevin. Last weekend we conducted an introductory phase-in programme for him. He went to stay overnight with providers just off the Garvaghy Road in Portadown. It is obviously a cross-community initiative. Its beauty lies in its flexibility regarding urban and rural elements.

395.

A great deal of groundwork went into starting up the scheme. Steve Maloney, who runs the Liverpool scheme, told me that his team had encountered similar bureaucratic difficulties at the outset of their project. They now have 150 providers. Our scheme has potential, and following recommendations we are negotiating with the Housing Executive to talk to a voluntary provider.

396.

The Linen Court hostel is in Armagh and we are currently setting up protocols with them. The beauty of that partnership is that it will give us an emergency response or out-of-hours service for the social services and Housing Executive. For example, if a young person presents himself as homeless, Linen Court will give us the option of placing him in a room there while we initiate a matching process.

397.

I usually discuss the scheme with the young person involved and we would have an introductory visit to the providers. There is no obligation on either party, and we have a cup of tea and a chat. If people are interested, and the green light is given, we seal a contract with the young person, with agreements drawn up to cover such day-to-day matters as visitors and staying-out arrangements. Young people sign up to that, and it is very much a matter of empowering them and giving them responsibility.

398.

In most cases, application for funding is made through the transitional housing benefit system. Where a young person has previously been known to a trust, it will help initially to meet some of the costs. The bottom line is that we encourage all young people to be involved in employment training schemes.

399.

The sums of money involved are minimal. For example, one young person who is with us at the moment is on £38 per week, which is not a great deal. I am not trying to be flippant, but I have brought some items along to give the Committee an idea of the harsh realities some people are facing. This is a tin of Tesco's own brand beans, which costs nine pence. Young people ask me how they can live on £32 per week. I literally get down to the basics of telling them to go to shops and look for the "buy one, get one free" labels, or to go to shops where everything costs one pound. Such is the reality for young people. I brought these items along to press home to the Committee the budgeting situation of these young people.

400.

Support can take a very pragmatic form. Young people will ask basic questions such as where the local office of the Housing Executive is. The Committee will appreciate that we are dealing with young people all the time. We call them "vulnerable", a word one might describe as a throwaway word, but the vulnerability of the ten young people about whom I am talking ranges from living in the community under paramilitary threat to the breakdown of a dysfunctional family, abuse and isolation.

401.

The beauty of the scheme is that providers are vetted, trained, and receive on-going support. I carry out an initial placement meeting, and every quarter I have a review in which the young person, the provider, and myself sit down together. Each young person has a support worker, which is also an important dimension to the scheme. If one is not available through the Probation Service or social services for the scheme run by Mr White, he can allocate a colleague of mine to act as support, and that person is there for the young person throughout the process.

402.

As regards making links with the community; as the young person is there to get training and employment they are given some time to settle in. We talk to them about the actual supports they identify for themselves and the people around them. It is very much a bridging process, and the length of time young people stay with providers has varied. The longest involves a young girl who stayed for 15 months. She took up hairdressing, and as the provider was a hairdresser, there were a lot of fringe benefits. She now has a flat in Lurgan, and has a befriending situation with the provider, which is another off-spin of the scheme that we had not thought of originally.

403.

Mr White: There are many hidden benefits. Single parents apply to be providers, and there is nowhere better to place a young 16- or 17-year old girl than with a mother who is also a single parent. She is living with a girl who has a baby, and she can appreciate that it is all about how this woman survives while caring for a baby. It is about learning the things that Mr McGrath talked about. For example, you cannot turn your music up full blast because the neighbours will complain, or ignore the brown envelopes coming through your door every morning - you may hate them but you have to do something about them. You will never starve if you have tins of beans costing nine pence.

404.

These are the real lessons. We are not taking young people and putting them into large hostels, where perhaps they may feed off each other's vulnerabilities. We are keeping them in the community, and providing people in the community who are providers with financial assistance, which will improve everybody's lot. Young people do not have to be excluded from their community - a person in Lisnaskea can get accommodation just as quickly as a person in inner city Belfast. Those are some of the benefits.

405.

The Acting Chairperson: The scheme is very interesting. It addresses the problem we have been advised of through other presentations and available evidence about young people being left without any support. During the support stage of placing the young person with a provider the decision as to when they would be ready to move on must be an important one. How much help and advice do they get with that decision? When they move on and are on their own, what kind of follow up support is there? You hinted at it in your evidence, but I want you to draw that out a bit more if you can.

406.

Have you had difficulty in getting providers? In your written and oral evidence you said that you have people who will follow up and visit, and that seems to be almost on an on-demand or when needed basis - those where the type of phrases you used. Is it sufficientto do it that way, or is there another way? For example, if someone is placed with a provider and it is not working, how do you deal with that?

407.

Mr McGrath: We have had situations where young people have had to move on from one provider to another, or have opted to move back into a hostel. People will understand our problems given our location - the Portadown/Lurgan area. I was approached yesterday about a young man currently living in Portadown with his sister who has a baby. He can only stay there temporarily. He has been advised he should not stay in the Portadown area at the moment. He will talk to me by the end of the week about the possibility of moving into supported lodgings. This week I will talk to a provider in Lurgan to see if there is a possibility of moving him there. The matter involves sectarian problems - the man should not be seen in Portadown at the moment.

408.

I am overall co-ordinator of the scheme. Initially, I give my support to the provider and to maintaining the placement. We are keen that each young person referred to us has a social worker or statutory agent. In the past, we have appointed one of our colleagues from the young persons' project to act as a support worker. For example, one of my colleagues acted as the support worker for the young girl I mentioned earlier who was a hairdresser - she was moved to a flat in Lurgan. My colleague did the follow-up work which involved checking how the girl settled into the new accommodation. As far as I can remember, my colleague stayed with the girl for a further four months until the girl herself said that she did not need the same level of support.

409.

In my submission to the people who provide support services I proposed that a support worker post be created. Support workers could co-ordinate the work that I do with Linen Court. That work involves assessing young people referred to us at crisis stage. Support workers could continue to support that person during their placement and for a period following it. We do not forget about young people who have gone off the edge - we provide on-going support.

410.

Mr White: We do not withdraw services. Young people receive the support of the scheme for as long as they feel that they need it. Mr McGrath has a dual role in that he co-ordinates the scheme and gives support to providers. If no social worker or field worker is available to support the young person, the scheme will provide a worker for their needs. I might accept certain things in my house that you might not accept in yours, which is why we draw up a contract with the young person - there are no surprises. Both parties have expectations. If there are any problems, we get together as quickly as possible and talk them through. It may be that the issues can be resolved. However, even if they cannot be resolved we do not walk away from them - there are regular reviews. The young person will continue to receive support throughout the process.

411.

To be fair, this is only a pilot scheme. It has worked for young people and for us. We cannot say with any authority how it would work if we had 100 providers. To date, it has worked well for everyone concerned. It is not a panacea for homelessness - it is simply another option for young people in our communities.

412.

The Acting Chairperson: Are legislative or financial changes required to reduce the overall level of homelessness? You have obviously encountered such matters in preparing your project. Do you have any recommendations about how to improve homelessness in general?

413.

Mr White: First, closer liaison between depart­ments is required. Better communication is needed between social services and local district housing offices. A pass-the-parcel syndrome exists there. One organisation will quote the other's legislation and claim that the problem is the other department's responsibility. Young people end up as a ball being thrown from one department to the other. It is also important to recognise that the solution to the problem that these young people face is not just in bricks and mortar - they are vulnerable people. When young people present as homeless their vulnerability should be assessed. Furthermore, people in our society should not have to try to live on £32 a week in flats without furniture and so on. We must address these issues.

414.

Mr McGrath: When young people leave care and go to various agencies - the new jargon for which is "pathway planning" - they get lost in the system and are overwhelmed by the Social Security Agency and the Housing Executive. People have asked me where the local offices of the Housing Executive and the Social Security Agency are - the questions are that basic.

415.

We need co-ordination on the ground and specifically identified people who can help. In the past, we have had identified specific workers - for example, there is a very helpful homelessness officer in our local housing authority area. There are now people working in the voluntary sector, such as those in Linen Court hostel, and we can now give young people the name of a key worker there. The idea is that agencies will begin to think along the lines of the supported lodgings model, where there is an identified worker to whom a young person can talk. A pilot exercise was put in place in the Social Security Office in Dungannon so that young people were not being swamped by bureaucracy.

416.

The people in Liverpool that I have talked to say much the same thing - they highlighted the need for young people to have an identified key support worker. There may not be the luxury of one worker for each young person - one worker may be assigned to seven ormore young people, but that is better than not having a worker at all.

417.

Since I became involved in this scheme, one of the most satisfying things is the potential for good partnership working. Without being involved in the scheme, I would never have known the workings of the Housing Executive or what it was about. Our document contains a diagram of two donkeys; one representing the Housing Executive, the other representing social services. It illustrates the misconceptions that existed and how we did not fully understand each other's roles. The scheme has been a learning curve for me. There is nothing more satisfying than being able to tell a young person that they can get help if they ring Paula in the Housing Executive in Lurgan or Donna in Portadown - it introduces a human aspect. All human beings need human contact; that is how we work. However, the young people that we deal with can find it intimidating to be handed a slip of paper and told to go to the Housing Executive. I am not being judgemental; that is the finding of research and clinical testing. We must call a spade a spade and be realistic. It is a disservice to young people to patronise them by giving them a card and telling them to simply go to the Housing Executive. We must identify whom they should go to see.

418.

All agencies could improve their services. It may be a matter of something as simple as the Housing Executive or the young persons' project handing out flyers in the local youth club that let young people know what they do. Departments and agencies have much to do on the PR front and in thinking of creative ways to access vulnerable groups. This model does not just apply to young people - it could be replicated for use when dealing with the elderly, those with learning needs and those in the mental health field.

419.

The Acting Chairperson: Is the definition of homelessness generally used by the Housing Executive adequate, and, if not, what definition might be more appropriate?

420.

Mr White: It is not really about homelessness - it is about vulnerability. We must examine the needs of the vulnerable in our society. We come from Craigavon, where there are many estates full of empty houses. For us, the issue is not about putting a roof over somebody's head - we could get those young people housed tomorrow morning. The issue is about what happens when those young people - 16- and 17-year-olds and so on - are placed in a house on their own.

421.

I would not have survived living in the community on my own at that age, and I am sure that most people sitting around this table would not have either. We must move away from the idea that this issue is about bricks and mortar; it is the support that is important. We must have a way of supporting those young people so that when they get accommodation we do not simply give them a front door key but also give them a package to keep them there.

422.

Mr McGrath: The Housing Executive and First Key are holding a seminar on the 7 March on young care leavers. It could be argued that, when young people leave care, social services have a responsibility to provide residential or foster care. However, young peopleare telling us that after having been in the care system for three or four years, they now want to leave it. Therefore, they have options and places to go, but our point is that, given their vulnerabilities, those young people will not survive once they come into the community. This model is a way of bridging that gap.

423.

Mr White: If money is available, it should not be spent on building more hostels, rather it should be put back into the communities. The young people described in this model do not have to leave their communities - for example, Mrs Murphy up the road can take care of a young person. Therefore, we do not need more hostels.

424.

The Acting Chairperson: Thank you very much. Your contribution has been very valuable.

MINUTES OF EVIDENCE

Thursday 21 February 2002

Members present:

Mr ONeill (Acting Chairperson)

Sir John Gorman

Mr Hamilton

Mr B Hutchinson

Mr G Kelly

Mr M Robinson

Mr Tierney

Witnesses:

Mr P McIntyre                        )

Mr C McCaughley                        )                        The Housing Executive

Mr S Graham                        )

471.

The Acting Chairperson: I should like to welcome you. May the Committee hear your presentation?

472.

Mr McIntyre: Thank you. I should like to introduce my colleagues: Colm McCaughley, the director of client services in the Housing Executive, and Stephen Graham, who is assistant director of client services. He is responsible for the Executive's homelessness policies.

473.

I should like to thank the Committee for inviting the Housing Executive to give evidence on this topical subject. The Housing Executive is working on the matter, as it issued a consultation document in September 2001 that considered developing a new approach to delivering homelessness services.

474.

Page 2 of our 'Presentation to Social Development Committee: Inquiry into Homelessness' sets our agenda. It gives a few facts about homelessness; why and how we carried out the review; what our main findings and recommendations are; and what we learnt from consultation. That will interest the Committee, as the consultation period closed at the end of December.

475.

The document also discusses developments in homelessness in Scotland, Wales, England and the Republic of Ireland. I believe that representatives of the Chartered Institute of Housing have spoken to the Committee on these matters. I shall also speak about the cost of implementing the strategy. We also want to set out the links to the Supporting People reform, which the Committee has been studying. Primarily, this concerns considering the homelessness provisions in the Housing Bill. We want to share our views on that.

476.

Page 3 of our presentation covers the facts. Until 1988 there was no statutory duty to tackle homelessness in Northern Ireland. The Housing Executive provided permanent accommodation, and health and social services provided temporary accommodation. It is worth noting that there were then only two statutory hostels, and limited voluntary sector provision. A great deal has been done since that duty was passed to the Housing Executive.

477.

There is a legislative test that an applicant must satisfy before being declared homeless. Under the legislation one must be homeless, be in one of the priority groups and be unintentionally homeless. The priority groups tend to be those with dependent children or who are vulnerable due to age, disability or mental illness. Under the legislation the Housing Executive has several duties - to inquire into cases, to provide temporary and permanent accommodation, to give written notification of decisions, to protect property and to provide advice and assistance.

478.

Page 4 lists the number of people presenting as homeless each year from 1991-1992 until 2000-2001 and the number of people who are described in the document as full duty applicants (FDA) - that is, people who have been accepted as homeless under the legislation. For some time that figure was between 10,000 and 11,000. There has been a big increase in the year ending March 2001, and that increase has continued during the past nine months. That is partly due to two reasons, one of which is the introduction of the common selection scheme. Under that scheme we test everybody for homelessness as part of the assessment process. We estimate that before the introduction of the common selection scheme, about 1,000 single people would not have presented as homeless. We are now catching them under the assessment procedures and the selection scheme. Last year was also peculiar because of the many who were made homeless after the Loyalist feud.

479.

The second of those charts looks at the types of households that presented over 1991-92, 1995-96 and 2000-01. It is predominantly singles and families. Singles are increasing due to household fragmentation, divorce and separation. However, it does not follow that because more singles are presenting as homeless they are necessarily being accepted as such.

480.

Several reasons for people presenting should be mentioned. More people are leaving tenancies in the private rented sector because that sector is growing significantly. More people are presenting because of a breakdown in sharing arrangements or in relationships and because of domestic violence. Intimidation is also a factor.

481.

The figures show that of households that presented as homeless during those three years, 50% of them were accepted as homeless under the legislation. That is because of the priority need criteria - that there are dependent children and so forth. Only 30% of single people who present as homeless meet the statutory requirement and pass the test.

482.

Page 8 describes the arrangements for dealing with the homeless.

483.

As I said, that function was transferred to the Housing Executive in 1988. At that time it had two statutory hostels and no funding. Now there are about 22 statutory hostels and significant voluntary provision, which is partly funded by the Housing Executive.

484.

The Housing Executive picks up on planning for homelessness through the annual review of the housing market. The district housing plan sets out the levels of home­lessness for each district council area, and we carry out an annual review of temporary accommodation.The Housing Executive has a preventative role, but one of the major points in the strategy is that it does not do enough. It must do more work with agencies to prevent homeless­ness.It provides advice, as do several agencies, such as the Housing Rights Service and the Law Centre (NI). One of the conclusions of the strategy that has been issued for consultation is that the Housing Executive must do more work in that field.

485.

Secondly, The Housing Executive's reception service is a two-stop shop. If a person becomes homeless outside its office hours, he or she can approach health and social services. Those who become homeless during the Housing Executive's office hours must come to it.

486.

The Housing Executive is legally required to make assessments and to carry out inquiries. Other agencies also have a key role in helping it to make those inquiries to assess a person's status as homeless. The Housing Executive provides temporary accommo­dation. It is worth noting that only 20% of the families that come to us as homeless require temporary accommo­dation. The average stay in a hostel varies significantly across the Province, but it is approx­imately 113 days before the Housing Executive can make an offer of permanent accommodation. That figure can be higher in some areas and much lower in others.

487.

The Housing Executive has 22 statutory hostels; the voluntary sector agencies have about 1,500 bed spaces. The Housing Executive also uses private sector accommodation, such as bed-and-breakfast accommo­dation and private rentals. Its private sector bed bureau lists about 700 bed spaces.

488.

The Housing Executive is required to provide permanent housing, and the speed with which it addresses that varies from one part of the Province to the next. It provides assistance with transport and furniture removal. There is an internal appeals system. The Housing Ex­ecutive carried out a survey as part of the preparation for the homelessness strategy, and it discovered that many of the homeless people who come to it are unaware of the right of appeal. That is an issue that we must address.

489.

Our reasons for carrying out the review are in the diagram on page 9. Providing someone with a permanent house is not the whole answer. We have learnt that lesson in Northern Ireland, but it is also evident in the strategies that are emerging elsewhere. The way in which we tackle homelessness must focus primarily on preventing it; the role of education, advice and advocacy must be assessed.

490.

Those going into temporary accommodation require support. They often require preparation before they can take up a permanent tenancy, and many people are so vulnerable that they require support while in a tenancy. That was brought home to me when I visited a temporary hostel in Derry. The man who ran it told me that about 50% of the single young men who passed through it and who got a permanent tenancy from the Housing Executive or a housing association arrived back at the hostel because they were unable to support a tenancy. That is the sort of message that we are trying to get across in the review.

491.

Page 10 details how we conducted the review. It is worth pointing out that the review was conducted with representatives from the health and social services and from the voluntary sector agencies that work with the homeless. Undoubtedly there will be some reshaping of that strategy based on the consultation and on the Committee's report. However, the steering group consisted of representatives of those organisations and there was widespread consultation and focus group activity, which involved those people who are dealing with homeless­ness in Northern Ireland.

492.

A Housing Executive survey found that users were very satisfied with its homelessness service. The weaknesses were in the system of appeals, in hostels being located far from people's home districts and in the services provided by bed-and-breakfast establishments.

493.

The contact that people have while they are in hostels, waiting to be rehoused by the Housing Executive, is not as frequent or as good as it should be. The consultation period ended on 31 December 2001, and I shall inform the Committee of our report's main findings and recommendations.

494.

Great Britain's attitude towards homelessness is changing. New legislation on duties and rights is being introduced, and that means a return to the kind of legislation that exists in Northern Ireland. For example, in Northern Ireland we have always had a duty to provide permanent accommodation, but that had been changed in England and Wales. The new legislation returns that duty to local authorities. There is also considerable new investment to reduce sleeping rough and the use of bed-and-breakfast accommodation.

495.

An important discovery was that homelessness in Northern Ireland is higher than in England. In Northern Ireland 1·1% of households are accepted as homeless, compared to 0·5% in England. One reason for that is Northern Ireland's broader legislation, which accepts more people as homeless, and because of the common selection scheme we are catching more people.

496.

There are areas of high housing stress, where we find it difficult to provide permanent housing quickly. Finding temporary accommodation is a problem, par­ticularly in Belfast, because many people who have been in temporary accommodation for a long time are unlikely to move into permanent accommodation. They have become institutionalised and vulnerable to some extent, and we must address that issue.

497.

We also rely too much on bed-and-breakfast accommodation, which is more expensive and less satisfactory; there will, however, always be a need for it. For example, not every town in the Province has the demand for a new hostel; therefore bed and breakfast might be the solution for a homeless family that wants to stay in its home town. However, our intention is to reduce reliance on bed and breakfast.

498.

We carried out a survey and discovered that approximately 25% of single people in hostels require support, for addiction or vulnerability for example.

499.

We do not know much about repeat homeless­ness, because we do not track it. However, everybody to whom we spoke, particularly people who work in the voluntary sector, said that there is a great deal of repeat homelessness, which tells us that bricks and mortar are not the whole answer and that more support is needed.

500.

The standard of temporary accommodation varies, ranging from bed and breakfast to some very old hostels, for example, the 'Morning Star' hostel, where a tragic event happened last week. That raised several issues. We can provide the Committee with updated information. There are also new, more modern hostels. However, we must address operational issues as well as manage­ment and information.

501.

The report lists the requirements for a strategy to reduce homelessness; it also includes several recom­mendations. We must make a statement of direction containing proposals on how to tackle homelessness. The report deals with the timely provision of permanent housing as well as advice and assistance on suitable temporary accommodation. It is about involving users in the planning of the service, minimising bed-and-breakfast use, supporting vulnerable people and working with many others as well as introducing performance standards. Our intention is that each district office should produce a local plan as part of a district housing plan to address homelessness. We also intend to form local forums to help the Housing Executive to deliver that plan.

502.

We are co-operating with the Probation Board on its accommodation strategy, which has recently been issued for consultation.

503.

The correct implementation of Supporting People is another important point.

504.

The Supporting People programme will affect single parents, young people, people leaving care, people with mental illnesses and matters of physical disability and domestic violence. We aim at reducing reliance on bed and breakfast by 50% in the next few years and we shall do that by producing 250 new temporary accommodation units. Based on research that we intend to carry out, we also aim at improving support arrangements by providing new supported units for long-term hostel residents who view those hostels as their home. However, hostel accommodation is not suitable for those with long-term accommodation needs.

505.

We want to expand the outreach and support services that we have piloted. We must provide for areas of exceptional need, particularly those involving sex offenders, who are always difficult to place and rehouse. Many people in hostels have physical disabilities and we simply do not have and cannot produce the type of accommodation that is needed, so we must acquire housing that can meet their needs. We also want to increase the housing output levels in hot spots throughout the Province - and by that I mean areas where it is difficult to rehouse people quickly.

506.

Some of the other recommendations deal with setting standards for the temporary accommodation that we provide and with inspecting and enforcing those regulations. We must improve our prevention, information and advice services. For example, one of the issues that we have been working on with the Simon Community is the early introduction of advice on homelessness to the school curriculum as part of the prevention model. We have also examined advocacy for tenants in the private rented sector.

507.

As always, we must examine how well we work with the health and social services and with the voluntary sector in delivering the service. Several operational recommendations are listed on page 16. We propose that the Housing Executive become the one-stop shop for anybody who reports as homeless; in other words, those who declare themselves homeless outside office hours will no longer have to report to health and social services workers.

508.

We must examine the appeals system, which is a little complicated. There is some evidence, which the Committee may have already received, that deals with whether there ought to be independent appeals, and that is something that we must consider. We also want to consider how we support and maintain contact with people who have been in temporary accommodation for a long time.

509.

Page 17 lists the consultations that we have carried out and the 41 written responses that we received. If the Committee wishes, we can send more detailed information on that in writing before it concludes its discussion on this matter. Many of the groups who responded said that the strategy does not adequately deal with the prevention of homelessness, so we must re-examine that. It has been suggested in several submissions that those whose rights are not featured in Northern Ireland legislation - 16- and 17-year-olds, people coming out of institutions or people who are homeless because of domestic violence - should have their rights enshrined in the legislation. Such groups do not feature in the primary legislation in Northern Ireland, but it is our practice to treat them as vulnerable when we assess people for homelessness. The Housing Executive would have no difficulty with any such change in legislation because it would be no more reflective of our practice than the legislation is.

510.

Our document contains much about how we work with other agencies. The independent appeals issue must be examined, as must the fact that homeless­ness is also linked to house sales, arrears and community safety.

511.

The strategy must be developed into homeless action plans, and our intention is to do that at district council level. Our next step, now that we have completed our consultation, is to present our findings to the board. We intend to await the outcome of the Committee's inquiry before we finalise our report and we shall then develop an implementation plan. In the meantime, we shall do necessary work, including research into long-term hostel residence. We must identify exactly who long-term hostel residents are, how many of them there are, and how their problems can be solved.

512.

The appeals system should be examined. We shall engage with some of those involved in homeless­ness and consider the use of technology in booking hostel accommodation.

513.

On pages 19 to 22, representatives of the Chartered Institute of Housing outlined homelessness legislation in other parts of the United Kingdom and in the Republic of Ireland. Scotland set up a task force, and the duties and rights of homelessness will be extended. Prevention and advice are emphasised, together with the requirement to develop a homelessness strategy, and it is intended to help those who sleep rough.

514.

Wales has a homelessness commission; rights and duties have been extended to those groups who lost them under the Conservative Government's legislation changes. The question of homelessness strategies is wider than just providing accommodation and working with various bodies.

515.

Perhaps the Chartered Institute of Housing informed the Committee of the progress of the Homes Bill in Westminster. The focus in England is on sleeping rough and more recently on a reduction in bed-and-breakfast accommodation. At the moment, there is consultation on a document dealing with proposals for a national homelessness strategy.

516.

Page 22 shows the Republic of Ireland's 'Homeless­ness - An Integrated Strategy 2000'. Interestingly, that placed statutory responsibility for homelessness on the housing and health authorities and not on the housing authority alone. Developments in the Republic are fairly recent, and there is a clear recognition that homelessness concerns more than a house. Strategies are necessary to tackle and prevent it, and organisations must work together.

517.

Approximately £5 million per annum is spent on providing new hostels, and recurring expenditure of approximately £18 million per annum supports homeless people on two fronts. First, housing benefit pays support charges for hostel residents; secondly, a special needs management allowance also passes to hostels. Those make up approximately £12 million of the £18 million.

518.

One correction must be made. The additional cost of implementing the review is not £20 million per annum; it is a one-off amount of £20·6 million of capital investment over several years for new hostel provision and for leasing from the private sector. The new hostel provision is also necessary to deal with the silting up of hostel space in Belfast. An estimated £3 million per annum is required to develop, with the voluntary sector, the support services needed to prevent homelessness in the first instance and for help in maintaining a tenancy once one is agreed.

519.

The Committee will find the 'Financial Linkages to Supporting People' on page 24; the presentation also lists 'Housing Benefit (Rent and Support Services)' and 'NIHE support to Voluntary Sector'. There will be two pots of money after November 2003: housing benefitwill cover rental costs, and the Supporting People Fund will meet all the support costs covered at present by the sources set out on the left hand side of the diagram.

520.

The provisions in the Housing Bill address some technical issues. For example, someone who had a mansion elsewhere in the United Kingdom could still apply for homeless status in Northern Ireland. There is provision to close that loophole. Another is that anyone who has been evicted for antisocial behaviour will not be entitled to advice and assistance under the homeless­ness legislation.

521.

Legislative provision in Northern Ireland is generous compared to that of Great Britain. Great Britain's legislation is intended to catch up with that of Northern Ireland and to reinstate its own - as it stood before the changes made to it by the Conservative Government. The Housing Executive believes that there may be merit in examining the statutory duties of other agencies in addressing homelessness, particularly health and social services. Unless they play a full role, tackling homelessness will be very difficult.

522.

The Housing Executive, which has had respon­sibility for homelessness, has achieved much. The strategy shows that much more must be done to address those problems. It is not merely a question of bricks and mortar. Service improvements can be achieved with funding. The relationship with statutory and voluntary agencies is critical. Implementing Supporting People is important to developing services to support homeless people.

523.

The Acting Chairperson: I wish to say something about the 'Morning Star'. The Committee wrote to Mr Grimes to express its sympathy and to extend its good wishes to the survivors and to thank the staff for their efforts, knowledge and the good work that they have done as volunteers. The Committee has an interest in what happened. What is the present situation?

524.

Mr Graham: Since the sad events of 12 February steps have been taken to accommodate the former residents of the 'Morning Star'. I am not sure how much people know about that. The hostel was leased to the Legion of Mary, which managed and maintained it. At the time of the event 18 men were in residence, although the hostel could take up to 30 people. Many of them had alcohol-related problems. The cause of the fire is still unknown, although forensic examinations are being made. The cost of refurbishing the existing hostel is considered by all to be unrealistic. A long-term alternative must be found.

525.

In the short term, however, most of the men are single, from west Belfast, aged between 50 and 70 and have alcohol problems. Twelve of the men were fairly well settled at the hostel. The other six tended to come and go - they stayed at other hostels or made other arrangements. The immediate accommodation needs are being met in two locations. Saint Peter's Cathedral gatehouse has been converted to accommodate 10 of the men temporarily. Social services have taken a further four into their properties on the Antrim Road. The nearby welcome centre is also being used to provide a daytime service for the men. In the immediate term, the Housing Executive will house some of the men in Carrick House, which is at Carrick Hill, where Unity Flats once stood. The immediate housing needs have, we hope, been catered for.

526.

There is an interagency agreement that the long-term provision should be a modern 40-bed hostel at John Street/Hamill Street. There was resident opposition to that in the past. However, there now seems to be agreement and there seem to be no major problems. The men will stay in the gatehouse and social services accommodation until the Ashmore Street hostel is vacated, which should be in August 2002. The men will move in there until a new hostel has been built. Ashmore Street hostel can accommodate them all. Work is due to start on the new hostel at John Street/Hamill Street in August 2002 or earlier.

527.

The Acting Chairperson: The Committee welcomes that good news.

528.

Mr B Hutchinson: I have concerns about Ashmore Street. It is not the proper location to house those people as it is in an interface area, and in August tensions will be high. That building will be attacked every night, and that should be taken into consideration. It is not good temporary accommodation. The people who live there now are not happy about it. It is perhaps the wrong location due to the sectarian violence in the area.

529.

Mr McIntyre: The Housing Executive has improved protection around the hostel as a result of an incident last summer. It is not the ideal location, but there is a strong preference among the men to remain together as they have been together for a long time. It is at present our only option, but I acknowledge your point that it is not the ideal location for a hostel.

530.

The Acting Chairperson: It is good news to hear that that new provision will be made.

531.

Mr Tierney: It is also good news to hear that residents have accepted it. I was aware that they were not keen at the beginning. Could they be moved before August, or is the arrangement permanent?

532.

Mr McIntyre: The intention is for the men to be in the new John Street/Hamill Street hostel by August 2003. The Legion of Mary provides the hostel, but it is funded partly from compensation that the Housing Executive is due to pay to it because we vested the property some years ago. The Legion of Mary also makes a voluntary contribution to it, and it is keen to move as quickly as possible. We are working closely with the local Legion of Mary.

533.

The Acting Chairperson: One issue that arose in several submissions on after-hours arrangements was that there seemed to be a breakdown in communi­cation between the Housing Executive and social services. You suggested in your recommendations that you would address that. How do you propose to do that?

534.

Mr Tierney: Can you expand on what you mean by the Housing Executive being a one-stop shop?

535.

Mr McIntyre: The service of reporting as homeless outside office hours will be run entirely by the Housing Executive. People do not go to social services at any day time to report as homeless - they report to the Housing Executive.

536.

Mr McCaughley: We shall revamp our emergency services to handle repairs and homelessness. Local officers will be on emergency standby. If they are required to visit a homeless person, that will be backed up by a booking system that will find that person a hostel or bed-and-breakfast accommodation after hours. The exception would be that occasionally we might need to call on social services to help us in large-scale emergencies such as the Morning Star fire or other disasters. Aside from that, social services would effectively disengage.

537.

The Acting Chairperson: The Housing Exec­utive's professionalism was of one type and the social services' professionalism was of another, and the marriage of the two was important. Can the Housing Executive's emergency service deal with applicants with drug and alcohol problems?

538.

Mr McCaughley: The social services provision is nothing more than an accommodation booking system, and we shall replace that with our own staff. It will then not matter whether one calls at 9am or at 8pm. In exceptional circumstances, our emergency service would have to re-engage with social services. However, that would be the exception rather than the rule.

539.

The Acting Chairperson: I am sure that social services regard their contribution as rather more than that of a booking agency.

540.

Mr McCaughley: I believe that the social services would agree that there should be a single service that is operated by the Housing Executive.

541.

Mr Tierney: I agree with the Acting Chairperson that that is not what social services are telling us. The fact that it is an after-hours service means that it is used in emergencies. The applicant may have to be put into temporary accommodation, and the Housing Executive becomes involved afterwards. Even if Housing Executive staff were appropriately trained, most applicants would still have to apply to social services.

542.

Mr McIntyre: I am sure that that will sometimes be the case. Our consultation found that the present arrangements, whereby applicants go to one organisation or another depending on the time of day, were unacceptable. The consultation found that there should be one point of contact for applicants.

543.

The matter of when social services are called upon to deal with someone who has reported to the Housing Executive should be considered. We understand that they must be called upon in certain cases.

544.

Sir John Gorman: Paragraph 2.10 of your 'Submission to the Social Development Statutory Com­mittee on Homelessness in Northern Ireland' states that

"There was strong consensus that increasing the supply of affordable housing was key to tackling homelessness in high demand areas."

545.

Mr Kieran Walsh of the Chartered Institute of Housing in Northern Ireland emphasised, rather vehemently, that there was a real need for affordable housing. How is that being produced? Is the supply adequate? Could the Bill not introduce that as a revolutionary measure? I have an interest in such Bills, and, frankly, this one is merely indifferent tinkering. It contains nothing radical.

546.

Mr McIntyre: The document from which you quote was produced by the Department for Transport, Local Government and the Regions. It is the Govern­ment's intention to develop a national homelessness strategy for England and Wales. It says that part of the answer is to increase the supply of new housing; we say the same. The supply of new housing here must be increased, especially in hot spots. I do not wish to create the impression that it is an issue throughout the Province. There are, however, several areas that do not have sufficient new houses for people to be rehoused quickly.

547.

Sir John Gorman: You said that we need 1,500 houses.

548.

Mr McIntyre: Yes, we need 1,500. My under­standing is that this year's programme will produce around 1,200 new units. Last year, the target was around the same, as was output. Decisions must be made on what priority should be awarded to that as opposed, for example, to putting it into grants for the private sector.

549.

Our strategy's answer is that there is a need for new housing in areas where people cannot be rehoused within a reasonable period. We endeavour to rehouse homeless people within three months. The Housing Executive requires the provision of the Bill because for five years it has had pieces of legislation, some of which I would accept are not significant. Nevertheless, we do require important sections that relate to anti-social behaviour and changes to grants et cetera. Our view is that the homelessness section of the Bill is fairly technical and it simply tidies up some aspects.

550.

The constant issue is where will the money be found to address all that? There has been some debate about access to private money, which may be an answer.

551.

The Acting Chairperson: To follow up Sir John's argument, if legislation is put in place now, presumably it will be in operation for a considerable time, so we need to get it correct.

552.

Mr McIntyre: That is correct.

553.

The Acting Chairperson: The legislation is not strong on the issue of homelessness.

554.

Mr McIntyre: No doubt you will make that view known during the consultation period on the Bill.

555.

Sir John Gorman: That is very diplomatic.

556.

Mr B Hutchinson: Are you satisfied that that legislative test of homelessness allows you to tackle the problem effectively? We have been advised that 1,267 people presented themselves as homeless last year. Witnesses tell us that that is not the whole story, that there are people who can be termed as the "hidden homeless". Perhaps you would give the Committee the Housing Executive's view on that? The organisations that have given evidence seem to have concentrated on 16-to 17-year-olds. However, page 5 of the Housing Executive's presentation to the Committee, which details your 2000-01 figures, shows that the problem of homelessness among 16- to 17-year-olds has decreased recently. Many witnesses stated that the problem for 16-to 17-year-olds who presented as homeless was not about providing houses, but about having them stay in particular types of accommodation.

557.

Mr McIntyre: Our judgement is that the legislative test allows the system to identify those who are homeless and require to be housed. That legislative test and the Housing Executive's application of it has been considered by judicial review many times and, in themajority of cases, the Housing Executive has almost always successfully defended its line when it held the view that an applicant had not satisfied the test.

558.

We hear about the issue of the "hidden homeless" as there is a view in the voluntary sector that anyone who lives in unsuitable accommodation should, by definition, be considered homeless. Legislation does not allow that interpretation, so that may be one aspect of "hidden homelessness". The Simon Community would hold that view, and I would not necessarily dispute it. However, households that live in such accommodation would not satisfy the legislative test of homelessness.

559.

There are several direct access hostels in and around the city that residents use without registering as homeless. I suspect that many of those people who were in the Morning Star hostel had never registered with the Housing Executive as homeless because that is their style of life. That is another aspect of "hidden homeless­ness". There is also an issue as to how many people sleep rough. However, we probably have that problem largely under control on account of the Lee Hestia hostel in Brunswick Street. However, we intend to revisit the issue next year. We are in regular contact with the police and others as to the levels of rough sleeping of which we are unaware. The common selection scheme works because we assess more people who are home­less, or potentially homeless, than we did under the old scheme. Therefore, we are to some extent addressing the issue of the "hidden homeless".

560.

The point about 16- and 17-year-olds was made because Northern Ireland legislation does not specify the homeless as a group with statutory rights to protection. People may have focused on the 16- and 17-year-olds because they want that written into the legislation. In practice, we treat them as vulnerable and they will be assessed as homeless, and those interested groups use that as an example to suggest how the legislation could be improved.

561.

Mr B Hutchinson: Do you not think that the number of homeless people is increasing? Do your figures suggest that you are on top of that situation? Are the numbers of homeless 16- and 17-year- olds decreasing?

562.

Mr McCaughley: Yes, that is the case when compared with other categories of householder. We support the voluntary sector, and we must address the fact that either those kids leave care or we must look at those numbers. We suspect, through anecdotal evidence, that some drift through hostels without coming near the Housing Executive or any other service except through the voluntary sector. More research will be done on that, but we suspect that that will show that significant additional work must be done to support 16- to 17-year olds, especially those who have come through the care system. Besides the Housing Executive, some health boards have devised new models of provision, such as supported lodgings, to help those children who are between care and permanent housing.

563.

The numbers may not be huge, but we support the voluntary sector's view that it is a significant problem that must be addressed.

564.

Mr B Hutchinson: What do we need to do with the legislation to address that problem?

565.

Mr McCaughley: It is not a legislative issue per se - housing and health boards should work together, and some of our models should be more innovative.

566.

Mr B Hutchinson: The problem with that is that people have said that certain areas are OK but others are not. In other words, no equality exists as it depends on how the people interpret the legislation. There is nothing in the legislation that says that an individual who lives in County Fermanagh or County Antrim will get the same service. That is why I am asking you. I understand what you are saying, and I accept that that is how you want to work. Our difficulty is that people tell us that, for example, the South Eastern Health Board may work differently from the boards in the north and west. People say that different organisations treat 16- and 17-year olds differently.

567.

Mr McIntyre: We are trying to address that through our housing and health agenda. The quality of our relationship with health trusts in the Province varies, and I suspect that what you say may be correct. As Mr McCaughley has said, the issue is not about writing legislation; it is about the local Housing Executive and the local health and social services trusts getting their act together for particular types of clientele. Some of the trusts will have different priorities for the clientele on which they want to focus. I agree with your point.

568.

Mr McCaughley: The boards that carry out service planning exercises on children who are going through the area boards also recognise that problem, and those boards want to piggyback the work of the Housing Executive. They would carry the primary responsibility, and we would support them.

569.

The Acting Chairperson: Is there a case for priority need?

570.

Mr McIntyre: Under the homelessness legislation - although it is not written in to it - we treat those young people as vulnerable. The point has been made several times in presentations that that should be contained in the legislation. The Housing Executive has no difficulty with that. In practice, young people are treated as priority need when we conducted our assessment on vulnerability.

571.

Mr Tierney: That dos not cater for all 16- and 17-year-olds. Perhaps because of domestic problems, young people leaving home may not wish to address why they have left home, and if they present themselves to the Housing Executive, they do not report those circumstances. They are not seen to be priority need cases so are classed as intentionally homeless. Is that correct?

572.

Mr McIntyre: That could be the case.

573.

Mr Tierney: Those are the hidden ones who Mr Hutchinson has said miss out. Young people who are homeless are treated as intentionally homeless, because they are not considered to be priority need cases. Do you agree that we must look at that?

574.

Mr McIntyre: That is a possible answer.

575.

Mr McCaughley: We must be careful. If every 16- or 17-year-old in Northern Ireland left home and claimed homelessness through the legislation, we would be obliged, under statute, to honour that commitment. That would be a step too far.

576.

In that situation, we would ask if we had provided enough advice and assistance to enable the voluntary sector, ourselves or someone else to pick up the immediate problems faced by that person. We do not want 16- and 17-year-olds walking the streets of Northern Ireland. That is a different issue than giving statutory force to the idea that if a child walks out of his or her parents' home tomorrow, there is a statute that entitles him or her to a permanent house.

577.

Mr McIntyre: A view exists that the existence of homelessness legislation creates a climate in which people leave home and families break up. I am not sure whether the Committee has heard that opinion from other representations, but it has been voiced to us over the years.

578.

The Acting Chairperson: That may be the type of area at which I hinted earlier when we talked about the professionalism of the two contributors. You mentioned the necessity for health and social services representatives to work in housing and the entire ambit. Issues will arise that you and your officers may have difficulty dealing with and analysing. Those issues can only be dealt with by professionals from health and social services.

579.

Mr McIntrye: We must make a distinction. The Housing Executive says that it is a one-stop shop for reporting and presenting as homeless, and we cannot assess an individual's requirements without considerable contributions from several other agencies, including health and social services professionals. I do not wish anything that we have said about a one-stop shop to undermine that.

580.

Mr McCaughley: We may not need social services between 8.00 pm and 8.00 am, but we certainly need them between 8.00 am and 6.00 pm.

581.

Mr Tierney: Do you say that decisions about the homeless should fall solely to the Housing Executive?

582.

Mr McIntyre: Statutorily, the Housing Executive is the only organisation that can make that decision under present legislation. To get the information that we require to make a decision, we frequently have to make enquiries into the individual's vulnerability. Therefore, social services have a sizeable contribution in helping us make that decision.

583.

Mr Tierney: I accept the point that you are making. However the Committee has heard people say that different agencies should be involved in making the decision. There is a difference between being involved in deciding whether a person is homeless, and the Housing Executive seeking advice from the agencies.

584.

Mr McIntyre: How would that work in practice? Would it be decided by committee or case conference? At the end of the day, a body must decide.

585.

Sir John Gorman: The Department for Transport, Local Government and the Regions consultation paper, which I quoted from, has been completed, and an announcement was made in December 2001. I presume that that announcement is related to the White Paper that also appeared in December. The consultation paper contained a chapter on funding, and when you answered my previous question, you made the point that funding will be needed. How will funding be obtained to solve the problem of the inadequate number of social houses that are being built?

586.

Mr McIntyre: We must present the case, it must be argued along with numerous other cases and someone has to say that it has priority over something else. In many ways, the Committee will play a bigger role than the Housing Executive.

587.

The White Paper referred to the local authorities' borrowing powers. My understanding is that, as a result of representations that have been made to the Minister, the Department is currently looking at its im­plications for Northern Ireland. If it frees up additional money, that is excellent.

588.

Sir John Gorman: Do you agree that the Housing Executive has been very popular among lenders?

589.

Mr McIntyre: If the Housing Executive were to try to borrow money, it would have an XX credit rating.

590.

Mr B Hutchinson: What would happen to debt charges if the Housing Executive were able to borrow? The issue concerns funding. It is not about money that the Housing Executive has, it is about the money that it owes. That is crippling the organisation. It would be better to get rid of debt charges than to try to borrow.

591.

Mr McIntyre: I am straying well outside my remit.

592.

The Acting Chairperson: We are getting a little out of order here. Will you give a quick reply, nevertheless?

593.

Mr McIntyre: I can only relate what has been happening with stock transfer in England and Scotland. In Glasgow, the state tends to be writing off debt charges, but that is its solution to their problem. It is also being done because the state is changing arrangements there.

594.

The Acting Chairperson: What is your experience of dealing with homeless persons from Britain or abroad? Is any pattern developing? Are there any problems?

595.

Mr McIntyre:  A total of 97% of people who present themselves as homeless to the Housing Executive hail from Northern Ireland.

596.

The Acting Chairperson: Is that figure static?

597.

Mr McIntyre: Yes. It is a very small problem.

598.

The Acting Chairperson: Can you supply the Committee with the full results of the user survey? Has it been tested independently, and was there input from the voluntary sector?

599.

Mr McIntyre: That is included in our submission. However, if there is a problem, we can supply it to the Committee.

600.

The Acting Chairperson: You talked about the 41 submissions that you received as a result of your inquiry, and you offered those to the Committee. If the Committee could have one copy of those it could access them when putting together its recommendations.

601.

Mr McIntyre: We shall summarise those for the Committee also.

602.

The Acting Chairperson: My final question concerns Northern Ireland's having the highest incidence of homelessness. Will you provide details of the incidence per 1,000 people in the populations of England, Scotland, Wales and the Republic of Ireland? We do not request that now. Does Northern Ireland have the highest incidence of homelessness?

603.

Mr McIntyre: We do. The information is contained in the documentation, but we shall highlight it for the Committee. I do not have the figures for the Republic of Ireland. I am not sure that the information from there will be comparable. However, we shall try to obtain the information.

604.

The Acting Chairperson: That is excellent. Thank you for your time and contribution, which are significant to the inquiry.

MINUTES OF EVIDENCE

Tuesday 26 February 2002

Members present:

Mr Cobain (Chairperson)

Ms Gildernew (Deputy Chairperson)

Mr Hamilton

Mr B Hutchinson

Mr G Kelly

Mr ONeill

Mr M Robinson

Witnesses:

Ms M McNally                        )                        Director, Dungannon & District                                                             Housing Association

Mr C Williamson                        )                        Director, NI Federation of                                                     Housing Associations

Mr A Rea                        )                        Director of Housing, BIH                                                    Housing Association

605.

The Chairperson: I welcome Ms Maura McNally, Mr Alan Rea, and Mr Chris Williamson, who represent the Northern Ireland Federation of Housing Associations. Will you make your presentation, before the Committee asks some questions?

606.

Mr Williamson: Thank you for the opportunity to talk to you again. We have not overweighed you with paper, either in our submission or in the outline of the structure of our presentation, which we will distribute. My colleagues work for two housing associations, and I work for the Northern Ireland Federation of Housing Associations, the umbrella body for the 45 or so member associations in Northern Ireland. Ms McNally is the director of Dungannon & District Housing Association, a locally based association that has operated for over 30 years and has broad direct experience in dealing with homelessness, which Ms McNally will outline. Mr Rea is the director of housing at BIH Housing Association, the biggest housing association to provide rented accommodation in Northern Ireland. He has vast experience in this field, including direct and indirect provision for homeless people.

607.

I acknowledge that the Housing Executive has the statutory role in dealing with homelessness, and generally it does a good job. We commend the homeless­ness review that it carried out recently and which is still moving through the process.

608.

First, Ms McNally will outline aspects of prevention that can be enhanced, then Mr Rea will talk about the existing and proposed provision for homeless people, and I will conclude by discussing homelessness procedures. We will then answer members' questions.

609.

Ms McNally: I deal with the prevention of homelessness. We need to examine more education initiatives to increase awareness among school children and people in the private sector who provide accommo­dation. In addition, we need to carry out more research into the real cause of homelessness and repeat homelessness.

610.

Dungannon & District Housing Association examined tenancy support services and floating support a few years ago. We have a children's home based in Dungannon, but no real accommodation is available for young people leaving care, other than Housing Executivehard-to-let flats in areas that have other social needs. Therefore, in conjunction with the Simon Community and social services, we assessed the possibility of providing move-on type of accommodation, with an on-site support worker to help young people to completeforms and get settled into the community. However, that fell through because social services were unable to come up with adequate funding. Rent deposits and guarantee schemes require more work, and the Simon Community are leading that.

611.

My last point is that we should automatically accept as vulnerable any young people aged between 16 and 17 years old, but with a clause that they are disqualified if they intentionally make themselves homeless.

612.

Mr Rea: Members may already have this information, but some of it may be new. There are 40 registered housing associations, currently providing over 22,000 units of permanent accommodation. We also manage 3,000 bed spaces in hostels and shared housing units, of which around 1,000 are to alleviate homelessness. Many are jointly managed with voluntary organisations such as the Simon Community and Women's Aid, but the accommodation is provided by housing associations.

613.

In addition to the conventional direct access hostels, the movement has been at the forefront of providing new initiatives. There are four foyers in the country, which we have built. We are hoping for a review of the foyer mechanism to enable more to be built. The Department must carry out that review, and we want it to take place soon. I understand the Simon Community will give a presentation to the Committee in the future, and they will no doubt talk about their experience with Foyers.

614.

According to Housing Executive figures, housing associations accommodate 16% of all full duty applicants, or homeless people, in permanent accommodation. That will vary according to the area. Last year, 26% of BIH allocations went to homelessness people, and we continue to provide temporary and permanent accommo­dation. However, in some areas there is a high demand and low provision. We have identified a couple of reasons for that, and they will be familiar. High land values and reduced Government grant rates make it increasingly difficult for housing associations to provide affordable accommodation for those on low incomes, and that is a genuine concern for the federation. Each year, it becomes more difficult to provide affordable permanent or temporary housing, and there is a danger that we are being priced out of the market in some areas.

615.

The federation would argue that the concept of portable discounts for tenants who wish to buy their own homes should be piloted in areas where there is high demand and low turnover - areas where there are few re-lets and long waiting lists. Instead of allowing social-rented tenants, either Housing Executive or housing association tenants, to buy their houses in those areas, tenants are given a monetary discount to move out of the area, thus freeing up properties to be re-let to homeless people.

616.

Mr Williamson: We also need to link the approach to homelessness with other major Government policy initiatives, including community care, which has been ongoing for over a decade. There are still many bumps on that road, but a much greater integration between homelessness and community care is required.

617.

The Supporting People initiative, which the Committee has heard about and discussed recently, is tied into that. Although we have reservations about the initiative, it has great potential to achieve a greater degree of integration and flexibility in the provision of supportive services to help people to retain and take up tenancies. Retention of tenancies is important. A tenant might be living in a perfectly good building, but unless tenancy support services are provided - beyond the normal housing management services - it is highly likely that such tenancies will break down, and that the person will become homelessness again. The Supporting People initiative is one way in which more flexible tenancy support services can be provided, and there is much mileage and benefit to be gained by moving in that direction.

618.

Alan Rea has already said that the provision of foyers, which has been carried out on a small scale in Northern Ireland, links into education and job training. The target group for foyers is people at risk of homelessness, who also have need life-skills training, educational support, and vocational help to break through the "no home, no job" cycle. Foyers provide an integrated service under one roof. This is not meant to be permanent, and homeless people should only be there for about a year in order to break the cycle and start living independently - preferably with a job, or in structured education.

619.

The Housing Executive generally does a good job to improve procedures for the homeless, and provides a service to many people throughout the year. However, there is scope for enhancement. First, the Housing Executive has an internal book of guidance, and there would be virtue in making that a statutory code of guidance on homelessness. There are parallels for that in Great Britain where numerous local housing authorities have the responsibility for homeless applications. An equivalent code approved by the Department for Social Development would make the process more transparent for applicants and the public.

620.

Secondly, there is an internal appeals procedure. However, applicants who are aggrieved with a decision by Housing Executive about their homelessness case would benefit from a more transparent appeals procedure. In much the same way as the housing benefit system has an independent element in its appeal board, it would help the Housing Executive to demonstrate fairness and transparency, and also help the applicant, if it had a parallel procedure.

621.

Finally, we are happy with the Housing Executive's proposal in its review that it should take after-hours service on homelessness in-house. However, there are housing association providers of temporary direct access accommodation and, whether we like it or not, individuals will knock on those doors late at night without going through the Housing Executive system. It would make sense if an arrangement could be made where an immediate, interim assessment could be made and then ratified later by Housing Executive officials during working hours. Those are three small procedural changes that would enhance the present arrangements.

622.

In conclusion, on behalf of the federation I acknowledge the good work that the Housing Executive is doing on homelessness. We do not think that that is the end of the story, as there are additional things that can and should be done. Housing associations play a good part in the relief of homelessness, and we are not behind the door when it comes to taking initiatives such as the Foyers, tenancy support services, and things of that nature. David Crothers wrote to us in September 2000 to outline the limited proposals for changes to the homelessness legislation in the present Housing Bill, and we support those limited changes. We would encourage the Assembly to go a bit further, especially in relation to the points that we have made - for example, the vulnerability of 16- and 17-year-olds.

623.

The Chairperson: Thank you very much. We have taken several presentations, and obvious themes run through them all. Homelessness is not specific. Although we are dealing with people who are homeless, I feel that the big issue is support for them. Many presentations have been about additional support for homeless people, which is nothing to do with housing. It is to do with education, health and support, and there does not seem to be any co-ordinated programmes - it has been hit-and-miss.

624.

The problem cannot be solved purely as a housing issue, as cross-cutting issues must be identified. That is the underlying theme. It is senseless to give homes to homeless people without providing support too, because within six or eight months they will be homeless again. Ms McNally made that point, but we need to flesh this out a bit more. First of all, there must be cross-departmental support if the project is to work, and that does not appear to be there. From our point of view it is not only about houses. It is about people and support for them to reintegrate them into society. Could we concentrate more on that and other resources that are needed?

625.

Mr Williamson: You have put your finger on a crucial point. There is no easy way of clinically dividing housing management and housing support services, but that should not deter us from attempting to ensure that those vital support services are in place. One could argue whether they should be the responsibility of the Department of Health, Social Services and Public Health or the Department of Education. In our view - and my colleagues are better placed to make this point - housing management encompasses education, because it helps people to run their homes, budget effectively, and generally maintain their tenancies. Tenancies are to do with housing, and the maintenance of those tenancies is a housing matter as well. Supporting People offers more flexibility in putting proper resources into place.

626.

The Chairperson: There are multiple reasons why people are homeless, for example, lack of support, especially for 16- and 17-year-olds going into the community. They need support, as you cannot just give them a house and walk away and leave them. It appears to me that people think that if homeless people are provided with homes, homelessness will be eradicated.

627.

Mr B Hutchinson: Should the priority need be extended to 16- and 17-year-olds leaving care, young adults and 17- to 21-year-old offenders leaving institutions? What is your experience of working with those young people?

628.

Ms McNally: We do not have much experience with the second group. We have a lot more experience with younger people. Unfortunately our housing association is small, and we have a very low turnover of accommodation. There is little we can do for people arriving at our office other than refer them to the Housing Executive. Ultimately they end up in a bed-and-breakfast or a bed bureau.

629.

Mr B Hutchinson: Would extending priority need help those people?

630.

Ms McNally: We tried to do that a few years ago when we worked with social services and the Simon Com­munity. We tried to provide something in Dungannon, but it fell through because of lack of funding.

631.

Mr Williamson: If the priority need category were extended - and assuming that the people we are talking about are not deliberately homeless - then, under the common selection scheme that housing associations and the Housing Executive operate, they would receive a substantial number of points that would take them to the top of the waiting list. That would put them in good stead for receiving an early offer of accommodation.

632.

The Chairperson: However, in the absence of additional support it would be best not to place them anywhere.

633.

Mr Williamson: I agree. That is why we need to be more flexible. We need to try and attract funding and imaginative thinking.

634.

The Chairperson: This has to be like a community care package. We cannot ask 16-or 17-year olds to go into a house and then leave them to look after themselves - that is not going to work.

635.

Ms Gildernew: My question is directed at Ms McNally because she will understand the problems of rural homelessness, and the fact that much of it is hidden because there is not much accommodation in rural areas. There is nowhere for people to go, and they end up staying with friends or family. The alternative is a flat in some part of Dungannon, perhaps 10 miles from the community they come from.

636.

Initiatives to increase social housing and new build have not been very successful in recent years. There is a dire shortage of new build in Tyrone and Fermanagh. I accept that a holistic approach is needed to prevent people becoming homeless, however, the dire shortage of housing in some rural areas is exacerbating the problem. Would you explain how your housing association tries to alleviate rural homelessness?

637.

Mr Williamson talked about making Supporting People more flexible. I feel that Supporting People will increase homelessness because the necessary funding will not be in place and more people will be on the streets. Would you elaborate on the difficulties we will be facing as a result of the new legislation?

638.

Ms McNally: Our housing association has looked at rural housing schemes, but unfortunately we have not been able to get Housing Executive support for them. We have not carried out much research into homelessness in rural areas, however we are aware that it exists. There are so many voids at local level in the Dungannon area, for example, that the Housing Executive, as you know, are almost loath to provide any other type of housing outside Dungannon. Young people from eight or 10 miles outside the town come to Dungannon, present themselves as homeless, and the first place offered to them will be a flat in a hard-to-let estate.

639.

Ms Gildernew: I was at a community association meeting in my area a few years ago, which was full of people interested in developing social housing. The criterion was that a certain number of replies had to be returned for the Housing Executive to build a certain number of houses. That night I argued that if the houses were built there would be no problem filling them. They could be filled ten times over, but the procedures in place were not very accommodating to the community.

640.

Ms McNally: I agree. We have done latent demands testing as well, and people will not fill in an application form. However, as soon as a sod is turned, you will be inundated with applications.

641.

Mr Williamson: We feel strongly about the supply side of social housing to deal reasonably quickly with the problem of homelessness. Without taking a blanket approach, there is case for taking a more strategic approach to the retention of existing social housing, as well as the provision of new housing, which brings us back to the house sales policy. A sound logical case can be made, on the grounds of housing need, for looking at the portable discount scheme as an alternative to selling existing stock in tightly defined areas.

642.

In addition, there is the business of getting new social housing into the areas where it is needed. It is a paradox that within a short distance there are houses that cannot be let, and people in need of them - there is no easy solution to that. Our Housing Executive colleagues are right to try to avoid compounding an already bad problem by draining existing stock. It is a difficult conundrum to deal with. We need to be much more localised in the identification and assessment of need.

643.

Ms Gildernew: People should have the right to buy their home in the area in which they live. I do not agree that preventing people from buying their home is the way to deal with the lack of social housing. The way to deal with the lack social housing is to build more houses. Can you tell us more about the Supporting People initiative, Mr Williamson?

644.

Mr Williamson: Supporting People is a new funding initiative or philosophy. As you correctly say, a key difference from the present arrangements is that there will be a limit on the amount of funding. We share your concern about any limit placed on it, but I must emphasis that under the existing legislation the provision of support services through transitional housing benefit will end after March 2003, whether we like it or not.

645.

I made the point informally that it was vital in my view and, more importantly, the view of the federation that alternative legislative arrangements and funding be made available for that which is currently provided through transitional housing benefit to be picked up by another heading. I will call it Supporting People for the sake of convenience. Assuming we get that legislation and funding in place, then the framework of SupportingPeople allows much more comprehensive assessment of overall needs, particularly those supportive needs that the Chairperson has rightly mentioned.

646.

It offers better integration between the various statutory providers - the Housing Executive, health and social services and the Probation Service. All of those bodies will sit on the Supporting People board, if you might call it that, and they will make joint decisions about the services that they need to cater for - finding the most user-friendly and practical way of using the Supporting People pot of money. It is a limited pot, but it gives much more scope than the present tunnel vision of departmental budgets. Supporting People offers a greater possibility of addressing these cross-cutting themes than the present arrangements.

647.

Mr ONeill: Ms McNally said that in her experience people would not participate in the latent demand exercise. I was involved in the introduction of that initiative some years ago, and I know of many successful app­lications. Are people not filling in the forms and participating in latent demand?

648.

Ms McNally: Dungannon & District Housing Association Ltd worked with the Housing Executive on this exercise. The Housing Executive provided a unit for so many hours a day, for a fixed number of days, but people did not turn up. Despite that, communitygroups have stated a certain number of local people who are interested in houses. We find that country people do not want to register on paper their interest in getting a house. However if the houses were built, there would be no problem in filling them.

649.

Mr ONeill: I am slightly puzzled, because I know of some successful applicants under the latent demand approach.

650.

Ms Gildernew: My experience is similar to that of Ms McNally. In my part of the country, people will not fill out the application forms, and we cannot get social housing built.

651.

Mr B Hutchinson: It would be the same in Protestant areas of Belfast.

652.

Mr ONeill: The latent demand approach does not necessarily involve an application form; it is simply a means of indicating interest in a house. There may be a problem with how it is sold.

653.

Ms McNally: The difficult step is to get applicants to complete an application form to register with the Housing Executive.

654.

Mr ONeill: It is a question of publicising the scheme. Mr Williamson, you talked about the guidance rules' becoming statutory. Can you give some examples of how that would make an impact, and of ways in which it would improve the situation?

655.

Mr Williamson: I cannot give you specific examples; however, the general principle is that the guidance should be open for public debate and alteration, as and when the Department for Social Development and the Housing Executive deem it necessary. Although the Housing Executive is a single organisation, it comprises around 30 district offices. We are all human, so people in one office might take a slightly different view of a rule to those in another office. Greater consistency could be achieved if the guidance were made statutory and became available to all interested parties. That would make the process more transparent and provide a framework for a more open and comprehensive debate about the policies that should be used and their interpretation.

656.

Mr ONeill: The Committee is exploring details that could be included in the legislation; that is why I asked for examples of where and how the legislation would apply, and its significance. I would be grateful if you would give the Committee some such examples.

657.

Mr Williamson: I will consult colleagues on the ground, and then get back to you.

658.

Mr G Kelly: Will you elaborate on your comment that the Housing Executive holds the balance of information, and that although you receive the majority of that information, you do not receive certain details? Does the information that the Housing Executive withholds relate to anti-social behaviour? What is your fear?

659.

Mr Williamson: We will sort out that matter with the Housing Executive, so I was perhaps slightly mistaken in mentioning that to the Committee. In response to your question, certain individuals in society present risks to those who live around them, on account of mental health problems or for other reasons.

660.

As Mr Rea mentioned, our member housing associations own a good deal of shared accommodation in which tenants do not have their own front door that can be locked.

661.

Mr G Kelly: The Housing Executive has the same problem.

662.

Mr Williamson: I do not deny that. However, the information on those risks is not held on the Housing Executive's computer system because, as is necessary and right, there are tight protocols on the release of such highly confidential details. Our point is that that information must be available to a social landlord who is about to make a housing offer to an individual in cases where there might be a risk either from or to that person.

663.

Mr G Kelly: Further to that point, are you referring to a mixed selection process?

664.

Mr Williamson: No. Our members, as well as the Housing Executive, are social landlords and as such they have a duty of care to their tenants. For example, years before the existence of the common selection scheme, a tenant who moved into shared accommodation owned and managed by a member housing association, threatened fellow residents with a knife. The association had no means of knowing about the potential risk exhibited by that individual, even though there were objective reasons to determine that risk.

665.

It is not a question of selection; rather, it is a matter of making a properly informed decision based on the risks involved and the nature of the service that the association can provide. Some associations operate specifically to help to manage individuals who pose a risk, so sometimes it would be appropriate for the association to accommodate such tenants. It would be completely irresponsible for an association to allocate such a tenant to ordinary shared accommodation for single people, without that knowledge.

666.

Mr G Kelly: How widespread is the problem concerning the portable discount, and how significant is it? Can you quantify the difference that it would make?

667.

Mr Williamson: I do not have the relevant figures here, but it specifically involves highly targeted localities where it is particularly difficult to house people with a severe housing need in a reasonable time. The Housing Executive's homelessness review identified seven areas in respect of which it is unhappy about the level of service that can be given to homeless people. That would be an example of how areas can be objectively marked out as those in which a portable discount might be a rational and sound means of addressing housing need.

668.

Mr G Kelly: Are those seven areas in the north or are they concentrated in Belfast?

669.

Mr Rea: My colleague tells me that they are in Belfast and Derry.

670.

The Chairperson: As regards portable discounts in respect of homelessness, 60% of people who are homeless are single. I imagine that most properties in areas of high demand are two- or three- bedroom houses. How would you justify allocating a three-bedroom house to a single person?

671.

Mr Williamson: That would not happen. Using the transfer system, much can be achieved after a single void has been generated.

672.

Mr Rea: If a three-bedroom house becomes vacant because the former tenant was given a portable discount, it might be offered to a tenant of a two-bedroom house who needs a third bedroom. Likewise, the two-bedroom house might be offered to a tenant of a one-bedroom flat who has a child. There is a domino effect.

673.

The Chairperson: I am aware of that. However, 60% of homeless people are single, so that domino effect would need to progress regularly.

674.

Mr Rea: Yes, that is true. The domino effect needs to continue so that such moves can take place.

675.

The Chairperson: Would it not be virtually impossible to involve that 60% in those moves?

676.

Mr Rea: No, in the high-demand areas of Belfast in which we work, if a house becomes available for re-letting, often it is not offered immediately to those at the top of the list. Rather, we work with the local Housing Executive office to facilitate up to five or six moves as a result of one vacancy.

677.

The Chairperson: However, the homeless person would end up with the flat.

678.

Mr Rea: Yes.

679.

The Chairperson: There are few maisonettes or flats in which homeless people with a high number of points would want to live.

680.

Mr Williamson: Perhaps that is the case with flats, but we certainly would not anticipate that a single homeless person would be placed in a three-bedroom house.

681.

The Chairperson: It would be senseless to allocate a single person a three-bedroom house, rather they should be considered for two-bedroom or single­-bedroom accommodation.

682.

Mr Rea: I do not agree with your assumption that single-person accommodation is unpopular. Our single-person accommodation is very popular - much more so than some of our houses and sheltered flats. Of course, the location of the accommodation is also a factor.

683.

The Chairperson: Portable discounts should only be offered to people living in areas of high demand.

684.

Mr Rea: Yes.

685.

The Chairperson: It is senseless to give portable discounts to somebody who lives in an area of low demand -that would make it impossible to let houses in that area.

686.

Mr Rea: With the domino effect, the resulting vacancy will still be within the area of high demand.

687.

The Chairperson: It might not be.

688.

Mr Rea: The intention is that it would be.

689.

The Chairperson: The house that is being let might be in an area of high demand. However, the domino effect might involve five or six sets of people moving. The sixth move might not be into an area of high demand.

690.

Mr Rea: According to our logic, it would have to be, because the portable discount applies only in high-demand areas, for which there are long waiting lists.

691.

The Chairperson: I know that. The portable discount is available only to people who live in high­demand areas. The domino effect could result in a sequence of up to five moves, so the last move could involve a single homeless person. Does every move in every area that you deal with take place in high-­demand areas?

692.

Mr Rea: If you follow the logic through -

693.

The Chairperson: Do you have accommodation in areas of low demand?

694.

Mr Rea: Yes, unfortunately there are.

695.

Mr B Hutchinson: Avoca Street?

696.

Mr Rea: That is an area of very low demand.

697.

Mr B Hutchinson: No demand.

698.

The Chairperson: One must be careful, because homeless people who have a high number of points and who are near the top of the waiting list can be rehoused in such instances.

699.

Mr Rea: Yes. They could be rehoused if they opted for another area.

700.

The Chairperson: In the areas to which you refer, the Housing Executive recognises homeless people as priority cases. Therefore, the situation of a homeless person who is high up on the waiting list will not be improved by the use of a portable discount - that will not boost their chances of being housed.

701.

Mr Rea: We follow the philosophy of applicant choice. The applicant can say refuse the offer of a flat in Avoca Street, and ask to be housed in an area of high demand, on the grounds that he or she has 100 points. In that case, that applicant can stay on the list.

702.

The Chairperson: The argument about portable discounts for homeless people is too long and convoluted to deal with today.

703.

Mr Williamson: I emphasise that there is no direct relationship between a portable discount and the homeless person. The purpose is to create an extra vacancy that would not otherwise occur, so that through the chain of vacancies, the homeless person, whether single, married or with children, can be given a home. It is not a case of equating directly the address where the portable discount applies, to the address that the single homeless applicant eventually gets.

704.

Mr ONeill: What is the average cost for a housing association to build a new three-bedroom single unit?

705.

Mr Rea: The cost of a three-bedroom, new build, semi-detached house in Belfast, including land acquisition, is around £60,000 to £65,000.

706.

Mr ONeill: What is the average transfer fee that you would give a tenant to move out?

707.

Mr Williamson: Are you referring to the trans­ferable discount?

708.

Mr ONeill: Yes.

709.

Mr Williamson: The scale of the portable discount should have the same monetary value as the discount that would apply if that tenant were permitted to buy the house. Therefore, it depends on the length of tenancy.

710.

Mr ONeill: The current maximum rate is 60%, so you will house a new tenant at 60% of the cost of supplying a new house for that tenant.

711.

Mr Williamson: It would create an additional vacancy - [Interruption.]

712.

Mr ONeill: Is it a money-saving exercise?

713.

Mr Williamson: We believe that it is, and it has the advantage of being better value for money than the alternative.

714.

Ms Gildernew: What is the alternative?

715.

Mr Williamson: The alternative is to build a new house, having found the land on which to build, and the necessary consent, and so on. Work is being carried out to find information that will answer Mr ONeill's question better. At present, we do not have the results of that, but we will share it with you when we receive it.

716.

The Chairperson: Mr Rea, what proportion of your tenants are single?

717.

Mr Rea: Around one third - which is about 1,200.

718.

Ms Gildernew: The portable discounts process is a merry-go-round, which must be expensive to administer. Would it not be easier to build another few houses, inclusive of land acquisition?

719.

Mr Rea: We would like to have the money to build them, but we are being realistic. There are ways, other than through central funding, to provide accommo­dation.

720.

Ms Gildernew: Do you compensate tenants who have to move around? Do you give them a budget to help them to move?

721.

Mr Rea: Not if they choose to do so. However, if we move them for refurbishment or redevelopment they are entitled to receive compensation.

722.

Ms Gildernew: What is the maximum com­pensation?

723.

Mr Rea: That depends on why a tenant is moving. If a tenant is moving temporarily while we renovate a property, he or she will receive around £250 to move and around £200 to move back again. If we move tenants because we plan to demolish their house in order to redevelop the area or to build a new house, and move them back in three or four years, there is a home-loss payment of £1,500 and a disturbance payment of £400.

724.

There is a minimum disturbance payment of £400. Tenants would also be entitled to a decanting payment. No payment is made to tenants who move as the result of an ordinary transfer, whereby, for example, a woman with two children wants to move into a three-bedroom house.

725.

Mr Williamson: Mr Rea is describing the present arrangements for home loss and disturbance payments. I am aware of no reason why, in a portable discount scheme, we cannot offer more simple arrangements or different levels of compensation to cover the expenses of moving.

726.

The Chairperson: We are missing the point about homelessness - packages of support should be provided. Homeless people have differing needs. Regardless of whether we adopt the portable discount or another method, we will still not be providing the package that people need. If half of your tenants are single, and around 15% to 20% are under 20 -

727.

Mr Williamson: We do not contend that the portable discount system will provide a package.

728.

The Chairperson: We need to focus on how to tackle homelessness. There is a difference between building more social housing to meet housing need and providing homeless individuals with the support that they need. There is no sense in using portable discounts to allocate someone a house, only to discover six months later that that person is homeless again. Their difficulty is not that they do not have a home, but that they are given insufficient support while they are living in social housing. The Committee is concerned about that matter. How do we prevent recurrent homelessness?

729.

Mr Rea: BIH has adopted a mechanism to deal with that within the Supporting People remit. We are advised that associations will be able to bid for funding from the Supporting People budget to prevent what is called tenancy breakdown and to prevent homeless­ness. BIH has made a bid for a community support officer, who would concentrate on supporting vulnerable tenants. That category might include young single people, the elderly and those with special needs. The objective is to assist those tenants, once they move into our accommodation, with budgeting arrangements and to settle into the community.

730.

The Chairperson: My concern about the special purchase of evacuated dwellings (SPED) scheme applies to this scheme also. SPED should not be linked to the Housing Executive or any other housing body; it is a security matter. The Housing Executive has taken respon­sibility for SPED over the years and it is now landed with it. The same applies in this case: to provide Supporting People funding for an officer or other facilities evades the issue. Those schemes will work only if they receive cross-departmental support. Health and education authorities have roles to play. It is nonsense to claim that this is simply a housing issue, and that it is the exclusive responsibility of the Department for Social Development. That Department is partly responsible for the issue, but more must be done to tackle home­lessness and to help the vulnerable. That is the Committee's view.

731.

Thank you very much.

MINUTES OF EVIDENCE

Thursday 28 February 2002

Members present:

Mr Cobain (Chairperson)

Ms Gildernew (Deputy Chairperson)

Mr G Kelly

Mr ONeill

Mr Tierney

Mr S Wilson

Witnesses:

Ms F Boyle       )

Mr F Lynn       )                       Simon Community

Ms C O'Bryan  )

732.

The Chairperson: I will begin our homelessness inquiry session by welcoming the representatives of the Simon Community, Ms Carol O'Bryan, Ms Fiona Boyle and Mr Feargal Lynn. Ms O'Bryan will introduce their submission.

733.

Ms O'Bryan: Thank you for inviting us to make this presentation, which I will lead. Fiona Boyle is our research and development director and has been with the Simon Community for seven years. Feargal Lynn is the director of accommodation and resettlement for our regional projects, which will be of interest to those who are concerned with rural issues. Mr Lynn has been with the Simon Community for 10 years, and so has knowledge and expertise within the team. I understand that the information pack has been distributed to you, so I shall go through the submission in the order that items appear in the pack.

734.

The Simon Community has been in existence for 30 years. During that time we have sought to assist Northern Ireland society by making provision for, and understanding, the needs of homeless people. Through that work we have sought not only to provide accommo­dation and other services but also to influence Government policy and public attitudes.

735.

Unfortunately, 30 years on, homelessness is on the increase in Northern Ireland. The figures for 2000-01 indicate that there were over 12,500 homeless house­holds. In the information pack the figures for your own constituencies are detailed. Those 12,500 homeless households equates to 22,000 adults and children. That is the equivalent of the population of a town the size of Coleraine or Newry, to put it in perspective.

736.

During the same period, 4,000 individuals approached the organisation. The Simon Community works with those who present as single homeless people. We were able to house 1,200 of them, 50% of whom were young people under 25 years of age. Sixty per cent of those people had a rural address of origin. When we looked at this on a United Kingdom basis, we discovered that the incidence of homelessness in Northern Ireland equates to 1 in 81 of our population in that year, and is 50% greater than the figure for Great Britain.

737.

To make sense of the arrangements that we have in place, it is necessary to link those back to the causes of homelessness. Through our own research programmes, we have identified four main causes of homelessness - structural, institutional, relationship and personal. Flowing from each of those causes are societal factors.

738.

Within structural homelessness, there are factors such as access to the housing market and affordability. Poverty and unemployment exacerbate those factors. Moving on to what we call the "triggers", we focus on particular issues for individuals. If one is in a financial crisis or has high levels of debt, it will be even more difficult to break into the housing market. That leads an organisation to ask what prevention measures are available and what arrangements it needs to have in place. For each of the causes there are factors and personal triggers, and they in turn reflect the arrangements that are in place.

739.

It is important to highlight the social exclusion elements of homelessness. It is well recognised that homelessness is possibly the most prominent example of social exclusion in society.

740.

How do the measures of prevention, which I will outline in more detail later, help break into the cycle of homelessness? We believe that the cycle contains four main elements. The first element is an obvious one - having no home. We believe that responsibility for that matter falls clearly within the Department for Social Development's remit. The second element is poor health; the third is employment prospects; and the fourth is finance.

741.

However, each of those categories includes many multifaceted issues. For example, without an address, one is highly unlikely to be able to open a bank account, which in turn leads to financial exclusion. Therefore, we must dig deeper into each of those categories in order to get to grips with the issues that homeless people face.

742.

It would be easy for us to become swamped by the levels of homelessness and the nature of homeless people's needs. However, we believe that the current arrangements go some way to meet those needs. The main provision in our legislation is the Housing (Northern Ireland) Order 1988. Under that legislation, over 12,500 households, or 51%, were assessed as being full-duty applicants. One could imagine that those house­holders would have received an acceptable standard of care and services, and had access to accommodation. Unfortunately, that is not always the case.

743.

What happens to the remaining 49% who do not receive full-duty applicant status? It is at that point that organisations such as ours offer the assistance and advice that those individuals need, as well as offering that assistance to some of the individuals who form part of the 51%.

744.

There are four different types of intervention. The first is prevention, which within the Simon Community is divided into two levels, primary and secondary. We consider primary prevention to be within the Department of Education's remit, and we are developing partnerships and education programmes with the Department that will be delivered in post-primary schools.

745.

Secondary prevention involves preparing homeless people for independent living. Once they have moved into their own accommodation, we seek to provide tenancy support so that they will not become homeless again. Unfortunately, people do become homeless again, and services must be developed to stop that spiral of homelessness. Working with re-presenters is therefore highly important.

746.

Under the housing support intervention approach, our organisation first undertakes an assessment of needs for the 4,000 people who come to us, and we provide them with advice and information about their options and, indeed, advise them whether the Simon Community is an option for them. We have a support plan in place for those who are placed in our accommo­dation, but our work does not stop there. Emergency accommodation is important, but it would be unfair to the individual, and to society, if that were the only service that we offered.

747.

We have developed a three-stage approach to the housing needs of homeless people. First, through the emergency provision in our hostels; secondly, in our move-on flats, which give people the opportunity to practise independent living, and thirdly, we help them with the transition from living in our accommodation to living in social rented or private rented sector accommodation.

748.

We have been particularly keen to develop a relationship with the private rented sector to afford opportunities for people to be housed in decent accommo­dation, and to support them in that. Sometimes it is the only option.

749.

There are several barriers to accessing temporary and permanent housing. For example, there is no temporary provision in County Fermanagh. The provision to the west of the River Bann is poor, with the exception of Derry city. There is a lack of affordable and accessible permanent accommodation. The waiting lists are long and they are getting longer. It is even more difficult for single people and people under the age of 25 to find accommodation. That problem is compounded by the common selection scheme, and the way in which homelessness is weighted - or, indeed, not weighted - by that initiative.

750.

There are four elements to the personal support that we provide. First, I re-emphasise the importance of helping individuals to find, make and keep a home. We should not stop at simply finding a home for someone; we must help them to make it a place of their own, and to keep it like that. That falls under the heading of "supporting people".

751.

Secondly, some homeless people also have health and social care needs, and we are working with the Department of Health, Social Services and Public Safety and other agencies to meet those needs. Those relationships are in the development stages.

752.

Thirdly, we mentioned the "no job" element of the homelessness cycle. Preparation for employment is an important part of our work. We have been talking with the Department for Employment and Learning about its initiative on employability and long-term unemployment, and how homelessness fits into that.

753.

Finally, community liaison is an important element that is sometimes overlooked. One aspect of that is that most of the people that we work with will have come from a community, which they may wish to return to. The second aspect is the fact that our houses are based in communities. Sometimes the relationship with that community is tense, and sometimes it is benevolent. Dealing with those relationships is an important part of our work.

754.

With regard to the resettlements that the Simon Community offers, I have already referred to the support plans and the prevention of tenancy breakdown. I would particularly like to highlight one of our self-help group initiatives, which involves ex-residents meeting to support one another in their own tenancies. They look to each other for help, and receive mutual support. A spin-off of that initiative is the support that the ex-­residents give to current residents. That in turn helps them to build up the courage and confidence to move on.

755.

That is a general overview of our arrangements. At the beginning of the presentation, I mentioned the fact that part of our job is to influence policy. In May last year, we launched our report, 'An Agenda for Action', which was supported by several people in this room and other MLAs. The agenda sets out our priorities for solving the problem of homelessness. I will not go through the document in detail at this stage, but I draw your attention to the fact that the pack contains the full paper, which gives the details on the agenda.

756.

That is the extent of the problem, and those are the arrangements that the Simon Community offers. However, significant pieces are missing, which can be seen on three levels. First and foremost, strategic input is required from the Department for Social Development. We are aware that a housing Bill is likely to be announced in the near future. The Bill is an excellent opportunity to make provision for addressing the needs of homeless people by extending the age-related discretion on priority need.

757.

That would be for young people, 16- and 17- year-olds, but also for older people. Our research informs us about some of the dreadful situations that people over 50 years of age face in Northern Ireland when they are in need of temporary accommodation. An authoritative code of guidance is required to ensure that the legislation is earthed in practice, because that does not appear to be the case at the moment. Also, the right to review should be contained in the Bill.

758.

Other strategic input is in relation to the new-build programme. Our figures show that over the past three years, even with a new-build programme apparently sitting at 1,500 units, the social rented sector has been reduced overall by 2%. That is a worrying figure, especially because single-person households are growing. With regard to the approach to house sales policy, we are suggesting either a passported or differentiated policy.

759.

We urge support for the Northern Ireland Housing Executive homelessness strategy, which was out for consultation last year. We are awaiting the outcome at the end of March.

760.

At an operational level, the development of understanding in the Housing Executive at district level would make life easier for homeless providers and homeless people, as would changes to the common selection scheme that I referred to earlier.

761.

There have been discussions about the impact of the transitional housing benefits scheme and what will follow on from "supporting people". We still have some time to get that right, which is important.

762.

Homeless people have complex needs. The Programme for Government upholds the concept of joined-up thinking, so we are looking for joined-up solutions. The New TSN initiative and the promoting social inclusion targets might be an opportunity to effect a change for the better for the homeless population.

763.

Our figures highlight that homelessness in Northern Ireland is 50% higher than in Great Britain because of the structure of our housing market, and there is especially limited access for single people. Homelessness is more than just a roof, and the housing Bill provides us with an opportunity to make a difference.

764.

Mr S Wilson: You mentioned the number of re-presenters. Having had the opportunity to visit one of the Simon Community's houses and see the work that goes on to build up the confidence of many people who have sad and harrowing stories to tell, I was amazed at their optimism, especially after what they have gone through. However, that must evaporate once they leave, because there is a high level of re-presenters. What percentage of the people whom you deal with are re-presenters, and how quickly do they re-present?

765.

You mentioned the extension of age discretion for priority need. We appreciate the fact that some young people may have difficulties that cause them to leave home. If there were an extension of the age-­related discretion, how would you ensure that you did not encourage young people to leave home? That could become an anti-family policy, if that were the case. Young people may present themselves more often because they do not have the necessary maturity or support from the family home. Is that to be encouraged?

766.

Ms Boyle: About a quarter of the people who come to the Simon Community have previously stayed with us or they have stayed in other hostels. One out of four people come back into the homeless cycle, which demonstrates the complexity of homelessness. It is a difficult cycle to break, and it highlights the issue of tenancy readiness. When people are resettled they may not be ready for a tenancy. When they move on they may feel isolated, they may not be living in their chosen area or they may not have the skills to live independently. Those are some of the reasons that people re-present. I cannot comment today on how quickly people come back. However, it varies depending on the underlying trigger for homelessness.

767.

Mr Lynn: With regard to encouraging an anti-family policy, our hostels are not a pleasant environment for a young person because there are rules, regulations, expectations from management and staff, commitments that we expect from young people and also the general hostel environment. Our statistics are encouraging in that they demonstrate that 10% of young people who stayed with us last year returned to their families. An additional 3% moved on or returned to friends. Therefore, 13% of admissions returned to their families. There would be demands for additional support services and packages for young people living in our accommodation or accessing our accommodation. The priority status should be broadened to include that younger age group, and that would ensure the success of a young person's tenancy. There would be additional support packages and requirements for those young people to move on successfully.

768.

The Chairperson: Is the main cause for young people presenting themselves as homeless due to a breakdown in the family relationship?

769.

Mr Lynn: The main reason is family breakdown, relationship breakdown and young people who leave care and come through social services contacts.

770.

Mr G Kelly: You mentioned the extension of the discretion in both ways.

771.

Ms Boyle: Recently we have been working on a research project on older homelessness. People who are 50 to 60 years old are not automatically taken to be in priority need, and nor do they fall easily into some of the social services categories, unless they have a physical or mental disability. However, if a person has been homeless for some years and has reached that age category, they are vulnerable and in priority need. The Simon Community proposes that there could be discretion for people in that age group who are in priority need.

772.

Mr G Kelly: It is widely accepted that homelessn­ess must be an interdepartmental issue, as opposed to resting solely with the Department for Social Dev­elopment. You said that a partnership with the Department of Education and the Department of Health, Social Services and Public Safety is being developed. What stage is that at? What does it mean for both cases?

773.

Ms Boyle: Over the past five years, the Simon Community has developed a relationship with the Department of Education through EU Peace funding. Half the people who approach the Simon Community are young; one in five are aged 16, 17 or 18. Therefore, the Simon Community thought that it was important to go to schools to try to break that cycle, and make young people take off their rose-tinted spectacles.

774.

The first initiative with the Department of Education was the development of a CD-ROM, Outhouse, which went to every post-primary school in Northern Ireland. It is based on the curriculum and it touches on several curriculum subjects, including home economics and English. Therefore, its capacity to teach skills for independent living and to teach young people about homelessness is broad.

775.

The Simon Community has further developed its work with young people with the establishment of Outspoken, which is a peer education group. Young homeless people are trained to go to schools and tell their peers how life really would be if they were homeless.

776.

A more recent development is that the Simon Community is drafting parts of the citizenship module of the curriculum on homelessness for the Department of Education.

777.

Mr Lynn: Several exploratory partnerships have been established. The Simon Community recently responded to the Department of Health, Social Services and Public Safety's Invest in Health programme on issues of mental health promotion and the mental health and well-being of homeless people. Our Larne and Coleraine units are working with the Northern Health and Social Services Board, the Causeway Trust and the Homefirst Community Trust to dispel the myths about teenage pregnancy in those board areas. A member of the Simon Community's senior staff represents it on the Northern Ireland Drugs Strategy. We hope that that will help in responding to the issues of drugs and pregnancy.

778.

The Chairperson: Are the majority of the 50-year-olds and 60-year-olds that you mentioned considered long-term or repeat homeless?

779.

Ms Boyle: Of our 1,200 residents last year, 15% were aged 50 to 60. Therefore, they tend to be long-term or repeat homeless.

780.

The Chairperson: If the Simon Community did not exist, would those people be institutionalised?

781.

Ms Boyle: It is important to realise that some people cannot be resettled, and there may be a need for longer-term accommodation.

782.

The Chairperson: Such people are more likely to be in that age group.

783.

Mr ONeill: Do you think that the existing definition of homelessness is adequate? You clearly have doubts, because a lot of people are waiting to be housed. How do you define homelessness? It has been discussed before, but it may be of benefit to mention it today.

784.

Ms Boyle mentioned "tenancy readiness", which impacts slightly on Mr Kelly's question. What needs to be put in place to ensure tenancy readiness for the people to whom she referred?

785.

Ms Boyle: The Housing (Northern Ireland) Order 1988 defines homelessness and talks about priority need and intentionality. Last year, of those who presented to the Housing Executive as homeless, 51% were full-duty applicants and in the priority need category, and of the remaining 49%, some were viewed as homeless but not in priority need, that is intentionally homeless. A homeless person must overcome a complex interconnection of hurdles.

786.

When a person comes to us, we assess his needs to determine whether he is homeless, and it is important to state that individuals who clearly are not homeless do not take us in. Our definition is wider than that of the legislation - it does not consider single people to be in priority need, but single people come to us.

787.

Mr Lynn: We rule on tenancy readiness once we have responded to the needs identified at assessment. An individual may present to us as homeless and cite financial, health or employment reasons for not remaining in a tenancy long-term. When we have assessed his housing history and identified why he cannot remain long-term in tenancy, we seek to address effectively, with other voluntary and statutory agencies, the reasons for that person's coming to us. Once we have effectively addressed those reasons and put appropriate support packages in place, we then have the confidence to assist that individual to move to his own tenancy.

788.

The Southern Health and Social Services Board's children's planning group has proposed that social services be the lead agency when assessing a homeless 16- to 18- year old. That responds to the family-orientated approach, but where an agency such as that works in partnership with a group such as ours, we can identify when an individual's tenancy is ready and ensure that his needs are met effectively. He will not be left as vulnerable as when he initially presented.

789.

Mr ONeill: It is interesting that Mr Lynn picked that example: the Committee was impressed before with information that it got on that scheme. The Simon Community is a major player in homelessness, and the Committee has seen many presentations so it knows that the problem is complex one that agencies and support groups work hard to deal with. Sometimes we get the impression, to put it bluntly, that they all work on their own patches rather than together, which sometimes results in gaps - in the centre of Belfast, for instance, some homeless people had to help themselves.

790.

There is a difference between a reasonableness test that, by and large, is at a lower level than what we as an organisation say is needed to run something and a realistic level, and there is currently a gap in the funding, and that must be understood before we go anywhere. There is already a shortfall, and with the move into the new funding regime in April 2003, our assessment is that the gap will increase because of the competition with the supporting people funds.

791.

The Chairperson: On supporting people, what criteria is the Housing Executive using? Are they written down?

792.

Ms O'Bryan: We have not received any written criteria. We were told that if our housing management element exceeds £60 per week, it would not be deemed acceptable, but that was not put in writing.

793.

Ms Gildernew: How much?

794.

Ms O'Bryan: £60.

795.

The Chairperson: If we are going to make financial decisions, it is important for the Committee to see those criteria. That is not to say that the Committee supports having an open chequebook: everyone wants money spent, but we also want value for money. Mr ONeill's comments about ensuring that there is no duplication and that people are dealing with the causes of homelessness and about competition between organisations are important. We must see the criteria by which people -

796.

Mr S Wilson: I want to get an idea of the figure per head. How many places does the £1·8 million that the Simon Community currently gets from housing benefit support?

797.

Ms O'Bryan: That supports 300 bed spaces every night of the year.

798.

Ms Gildernew: Thank you for the presentation. What is the extent of hidden homelessness west of the Bann? We have some figures, but often they do not show the real need that exists in a rural community. What are the main provisions for tackling homelessness in rural communities? Should there be an increase in social housing, or what practical suggestions could we make?

799.

Can you elaborate on what the Southern Board is doing about young people leaving care? Is the Southern Board suggesting that 16- to 17-year olds should be considered to be in priority need, yet that is not the policy of the Housing Executive? Is that right? Would you say that renovation and replacement grants have also helped to decrease homelessness in rural areas?

800.

Ms Boyle: Obviously Northern Ireland is a rural community - 39% of the population lives in rural areas. The Housing Executive's figures indicate several areas where there have been significant increases in homelessness. It is difficult to measure rural homelessnessbecause people come to a town to present. It is difficult to look behind that and know where they came from. I can give a couple of examples. Last year there was a 33% increase in homelessness in Magherafelt; Coleraine had a 52% increase; and Ballymena a 135% increase. Those towns have significant rural hinterlands, so homelessness is not just an urban problem.

801.

To reiterate Ms O'Bryan's point earlier, 60% of those who come to us have either come directly from a rural area or have moved to a city and then presented as homeless. We assessed that by their next of kin, area of origin or last known address. When we examined the figures we were surprised, because they were much higher than we had thought.

802.

With regard to dealing with the problem, we have looked at places such as Enniskillen, where there is significant homelessness. However, it is not feasible to develop a capital project with 20 or 30 bed spaces, because there would not be enough demand to sustain it. There are several other rural approaches, for example, the Foyer movement, throughout the UK whereby training and employment services are taken to homelessyoung people in the private rented sector, including rural areas. Our organisation wants to examine that, and the Housing Executive has embarked on rural homelessness research with its report 'Places for People'.

803.

The Chairperson: Can you explain what the Foyer project is for the record?

804.

Ms Boyle: The Foyer is a European concept that came to the UK in the early 1990s to provide accommo­dation for young homeless people together with employ­ment and training under one roof. The idea is to tackle all the barriers, such as having no job, money or a home, together.

805.

Ms Gildernew: Can you give us examples of those projects?

806.

Ms Boyle: Certainly. There are four in Northern Ireland. The first was the Belfast Foyer, which was developed by the Simon Community. It has 42 bedsits, is open to 17-to-25-year olds and has a high success rate in helping young people who come to it, about threequarters of whom have no qualifications on arrival - three quarters do have qualifications and training when they leave.

807.

Ms Gildernew: You said that there were four projects; what about the others?

808.

Ms Boyle: There is one in north Belfast, which is run by Flax Housing Association Ltd. There is one in Derry, run by North and West Housing Association Ltd, and there is student accommodation at Mount Zion House in Lurgan.

809.

Mr S Wilson: Can I follow up on that -

810.

Ms Gildernew: The rest of my question has not been answered yet.

811.

Mr S Wilson: May I just follow up on that before we lose it? Given that the economies of scale are probably greater in a Foyer-type project, how do you envisage that being applied to rural homelessness?

812.

Ms Boyle: There is an example in Devon and Cornwall, where the population is scattered and isolated. Employment and training services are moved around literally in a bus. The staff go out in that bus, and in each small town there may be three- or four-bed unit for young homeless people. There are no 30-bed units, but there is a range of smaller units. That is a possible option, which could operate in the private rented sector.

813.

Mr Lynn: In relation to the Southern Health and Social Services Board's response to young people leaving care at 16 or 17, the children's services planning group has submitted a proposal for a subcommittee specifically to deal with that age group. There was also a suggestion that each trust should have an officer appointed to co-ordinate the response to dealing with young care leavers who could co-ordinate the housing, social and other issues associated with leaving care. It proposed also forming a long-term strategy to respond to young homelessness people.

814.

The Chairperson: There is a growing emphasis on single people. Society is changing, as is the way in which housing is provided for single people. The majority of homeless people are single. It is clear that many different issues concerning homelessness must be tackled, and the only way to do that, as Eamon ONeill said, is by taking the strategic view. The Foyer Movement is one example of that.

815.

Ms Boyle: The Simon Community recognises that the percentage of singles has grown from 19% in 1981 to 26% now, and it continues to increase in both the younger and the older age groups. For us the main need is for accommodation built for singles. Much of the Housing Executive and housing association stock is family accommodation, which was built when that was needed. There is now a need for more single person accommodation, balanced against the need for lifetime homes.

816.

With regard to singles accessing accommodation, we return to what is affordable. In the private rented sector the housing benefit regulations require those under 25 to have a rent deposit and a guarantor. That is not always possible for the younger age group of singles.

817.

Ms O'Bryan: In respect of strategy, we made reference earlier to new TSN and joined-up thinking. Currently, although the Simon Community can engage with individual Departments, it has not been possible to bring two or three Departments together to discuss the issues. A mechanism to facilitate that would be of benefit, even with the Foyer movement, given that Social Development and Employment and Learning are key partners in that. Bringing them together to appreciate the worth of those projects and their con­tribution would be good.

818.

There are also "intra-departmental issues". Returning to the earlier comment on transitional housing benefit and supporting people, a recent research paper by the Department of Work and Pensions in England states that there is a need for joined-up thinking among providers, housing benefit administrators and the supporting people team in the equivalent of our Housing Executive. The issue is therefore both intra-departmental and inter-departmental. If you are not aware of that report, I suggest that we provide you with its findings.

819.

Mr S Wilson: I return to single weighting and follow what Ms Boyle said about the increasing number of single homeless people and the proportion of singles on the waiting list. Approximately two-thirds of cases over the last six months were people in families, already in accommodation, but sometimes living with other family members - perhaps parents with their sons or daughters - or families who were in houses which were too small, causing a strain on family relationships, which can lead to the break up of marriages. Is there not a danger that if more weighting is given to homeless single people, leaving aside whether that encourages people to leave home, the waiting list becomes skewed towards people who may have other options and away from families who are in poor, overcrowded accommodation or sharing with other family members thus creating social problems and resentment among people in overcrowded accommo­dationwho are being disadvantaged because of the change in housing allocation procedure?

820.

Ms Boyle: In addition to 12,000 families on the homelessness waiting list, around 10,500 families are on the housing stress waiting list. How those two lists interconnect raises problems, and more new accommo­dation is needed to get people off them. Members of three generations living in one house or a house's not being big enough raise the matter of hidden home­lessness, of people who do not present as homeless and housing stressed.

821.

They also highlight homeless children. Last year, we did some work in the north-west with the Housing Executive. A census was carried out of families judged to be full-duty applicants but who, because of the waiting list - particularly in Derry city - were waitingfor up to two years to get out of temporary accommo­dation, bed-and-breakfast accommodation and hostels, into their own houses. On one day, 383 children were living in temporary accommodation so great is the pressure on that list. We can look at how the selection scheme weights different people, but the need for more accommodation remains.

822.

Mr G Kelly: Given what you said about tenancy readiness and new build, is there a problem in complexes with many single-bedroom apartments? I do not want to use the phrase "dumping ground", but could they become places where homeless people are housed?

823.

You said that the problem is multi-faceted, and we agree. Without being overly general, there can be problems with anti-social behaviour, alcoholism or whatever. Does the Simon Community ensure that everyone who must be housed does not go to the same place? If 10 flats in the one complex became available, does the relationship that a person has with the community affect whether he is housed in that complex?

824.

Mr Lynn: We are concerned about the allocation of tenancies to some people whom we would accom­modate in particular addresses. If someone applies for housing and indicates an area of choice, demand for that area will determine whether the person is allocated a tenancy. If someone is offered a tenancy in a street, area or address where he feels vulnerable or at risk, legislation dictates that he must take that address or be offered another choice.

825.

Two reasonable offers are made. If a person does not take either, his options are limited for several years. That causes us concern, and we urge wider choice and greater negotiation at district level to enable us to offer more appropriate addresses for some of our residents. One success factor that ensures tenancy sustainability is social networks. If we can locate individuals in areas where they have strong social networks, that helps us to ensure the sustainability of that tenancy.

826.

The Chairperson: Thank you very much. It was very interesting.

MINUTES OF EVIDENCE

Tuesday 5 March 2002

Members present:

Mr Cobain (Chairperson)

Mr Hamilton

Mr B Hutchinson

Mr G Kelly

Mr ONeill

Mr M Robinson

Mr S Wilson

Witnesses:

Ms J Hunter                        )                        Housing Rights Service

Ms N McCrudden                        )

827.

The Chairperson: I welcome the director of the Housing Rights Services, Janet Hunter, and the policy and communication co-ordinator, Nicola McCrudden.

828.

Ms Hunter: I will give you some background about our organisation. The Housing Rights Service aims to prevent homelessness and eradicate poor housing conditions in Northern Ireland. We provide several services to help achieve that. One of our core services is providing advice, advocacy and representation to people who are homeless or in housing need.

829.

Last year we provided advice to about 5,800 people. Approximately 60% were people with issues associated with homelessness or who were being threatened with homelessness. Much of our work is with homeless people, and we are pleased to have the opportunity to tell the Committee about the experiences of our clients, the problems they face and give some suggestions for improving their lot.

830.

We wish to focus on two phases that the process needs to follow. The first concerns those steps that require immediate legislative action - issues we would like to see addressed in the housing Bill. We know, having seen the proposed Bill, that none of them have been included. There will be a consultation period, and we hope that by the end of that period some provisions could be included. The second phase is more long-term; it is about putting together a strategy for a long-term response to the problem of homelessness in Northern Ireland.

831.

Many enquiries to our organisation concern homelessness and a significant number are about the current homelessness legislation contained in the Housing (Northern Ireland) Order 1988. There are problems with interpretation of the legislation and what protectionit affords to homeless people.

832.

I wish to concentrate on four main areas. First, existing legislation does not provide adequate protection for young people who become homeless through no fault of their own. We are thinking mainly of 16- and 17-year-olds but also of some care leavers in the 18-to-21 age group. I know that the Committee has already taken evidence on this issue so it will not be entirely new to members. Therefore I will not focus too much on it. I certainly do not want to reiterate what other people have said. I would just endorse the view that there is a need for increased protection. There is no automatic priority for this age group under housing legislation or the relevant children's legislation.

833.

Accommodation options available to 16- to 17- year-olds are very limited. They do not have the same level of income or benefits as older people, and they do not have the capacity to form a legal contract. Therefore the private rented sector is simply not an option for them. They are only permitted access to the common waiting list in exceptional circumstances so it is very difficult for them to be allocated a tenancy in the social housing sector. Owner occupation is not a realistic option either. They face particular problems in securing accommodation.

834.

There is also a very urgent need to ensure that any provision in the housing Bill to extend priority need to young people be closely allied to the provisions in the Children (Leaving Care) Bill, which, I understand, was announced yesterday. As we were not sure which stage the Children (Leaving Care) Bill would be at, we have couched our recommendations in broad terms but with the caveat that any amendments to the housing legislation should be complementary to that Bill. So we are talking about 16- to 17-year-olds who have not been in care and also some 18- to 21-year-olds who have been in care but who would not be covered by the provisions of the Children (Leaving Care) Bill.

835.

Another point is that, until recently, young people in England, Scotland and Wales were in a similar position and experienced similar difficulties. However, the situation there has now been addressed and legislation is currently going through in all of these areas to give priority need to this group. Our young people should not be disadvantaged. They are entitled to the same legal assistance and rights as young people living in other areas.

836.

Our clients regularly present with another problem - that of variations in the quality of assessment and the decision-making process. There is considerable scope for interpretation and the use of discretion in making decisions under the current homelessness legislation. That can and does lead to inconsistency and lack of uniformity in the process. Unfortunately, the outcome for the homeless person can depend upon what office that person presents to.

837.

In Scotland, England and Wales the homelessness legislation is supplemented by a detailed code of guidance that provides additional interpretation on the legislation. That code must be consulted when local authorities in these areas are making decisions or carrying out assessments under the legislation. A code of guidance does not exist in Northern Ireland. We believe that one should be introduced, as it would lead to a better, fairer and more consistent approach to the decision-making process. Research in other areas has suggested that the introduction of the code has had exactly that impact.

838.

Our clients' experience is that the existing process for reviewing adverse homeless decisions is inadequate. As you are probably aware, there is a limited uptake of appeals in Northern Ireland. Last year, over 6,000 people were refused full duty applicant status and only about 300 of those applied to have that decision reviewed. There are, of course, a number of reasons why that may be the case, but I would concur with the findings of the Ombudsman's survey, which stated that most people in Northern Ireland did not bother to challenge public sector decisions because they felt there was no point.

839.

In Northern Ireland there is no statutory right to appeal a decision made under the homelessness legislation. That is a very significant point as that is quite unlike the situation for appealing decisions in other areas of social welfare law. Entitlement to a benefit and the level of that benefit, for example, can be appealed to an independent and impartial tribunal. It is also different to the situation for homeless people in England, Scotland and Wales. In Northern Ireland the Housing Executive has the discretion and power to decide whether to review a decision and what format that review should take.

840.

Housing Executive policy allows an applicant to submit an appeal but that does not constitute a formal hearing, as neither the applicant nor a representative can present oral evidence. That is a fundamental right. It should not be a matter of organisational policy whether or not an appeal against a decision can be made under the legislation. The current Housing Executive process is essentially an internal administrative review process where senior officers review the decisions made by officers at local level. A recent Court of Appeal case in England confirmed that an internal administrative review does not comply with article 6.1 of the Human Rights Act 1998 which states that

"In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law."

841.

We would like to see a statutory right of review introduced in Northern Ireland with regulations to govern its format, which should comply with the Human Rights Act 1998 by introducing an external and independent element.

842.

A significant amount of our work is about preventing homelessness - working with people, for example, who are under threat of eviction by landlords or who are experiencing difficulties with repaying mortgages. There is no current strategic approach to preventing homelessness in Northern Ireland.

843.

In England, Scotland and Wales there is a legislative requirement to produce a strategy to prevent and alleviate homelessness. There is also a duty on social services to assist in the strategy and to take account of it when discharging their functions. This is a very important element. There is no such statutory requirement in Northern Ireland, and the traditional approach taken here has been to focus on alleviating homelessness after it has occurred. This approach has been confirmed by research recently undertaken on behalf of the Housing Executive, which confirmed that expenditure in Northern Ireland is very low compared with other similar-sized authorities in England or Scotland.

844.

In England, Scotland and Wales, the key role of advice in preventing homelessness is also formally recognised and is a statutory requirement. There is no such statutory requirement in Northern Ireland. Our legislation only provides for advice and assistance to be given to people if they are actually found to be homeless. If people present themselves as homeless, but the decision is that they are not, then they are not entitled to advice and assistance. We are very concerned about access to advice and about the quality and level of advice being provided.

845.

I have explained the legislative changes we would like to see take place and which are necessary to improve the service for our clients. However, we are very aware that whilst these changes are necessary, homelessness cannot be solved through legislative changealone. As the Minister said yesterday, it also requires a lot of funding.

846.

The problem cannot be solved by any single agency, such as the Housing Executive, by the voluntary sector, or even by the Committee for Social Development, although it is appropriate that the Committee should take the lead.

847.

It is important to recognise that Government policies and programmes can adversely impact on the level of homelessness. This is a very complex problem, as I am sure members are aware, having sat through many similar sessions. It is multidimensional, and it merits very detailed and considered response. We need to develop a better understanding of the causes and nature of homelessness and the issues associated with it to develop appropriate responses and to form a firm base of evidence on which to plan long-term action.

848.

In Scotland the approach has been to establish a cross-departmental multi-agency task force. We need that type of approach in Northern Ireland. We recommend the model adopted by the Scottish task force, and in the papers which we have circulated to members we have provided some of its recommendations. The task force has been sitting for two-and-a-half years; therefore it is not an overnight sensation. It recently recommended 59 action points, which have been endorsed by the Scottish Executive, and a further homelessness Bill will be tabled this autumn. They have also committed a significant level of funding to implement the recommendations.

849.

We appreciate that we are asking for a fairly substantial undertaking, but the stakes are high. As the Housing Executive said in its document 'Homelessness Strategy and Services Review', which has recently been published,

"Homelessness does represent a very significant social problem and it impacts to a disproportionate extent in Northern Ireland".

850.

The price of getting this wrong is quite high, but the payback for getting it right is high, not just for the individuals and families concerned but for the Assembly as regards effectively targeting social need. In our experience, homelessness is one of the most extreme forms of social exclusion in Northern Ireland today. That is all that I want to say. I could go on endlessly, but that would not be pleasurable for either of us.

851.

The Chairperson: Before we start, you mentioned that the Minister had said something about resources being committed to homelessness.

852.

Ms Hunter: The Minister made a statement yesterday, which was reported in the paper. In it, he said that it is not legislative change, but funding, that is required to solve the homelessness problem.

853.

The Chairperson: Who said that?

854.

Ms McCrudden: It was reported in 'The Irish News'.

855.

The Chairperson: Which Minister was it quoting?

856.

Ms Hunter: The paper quoted the Minister for Social Development. I want to highlight that we agree with the Minister that we need the funding but that we also need legislative change.

857.

The Chairperson: We will read that article with interest.

858.

Mr S Wilson: Numerous organisations have appeared before the Committee over the past weeks, all of which have trained staff and resources. I imagine that there are scores of organisations that we have not contacted, because we had to narrow it down. You are not the first person to express concern about this matter, and it surprises me that time and time again we hear that that there is still - and I use your words - concern over the current quality and level of advice provided. Homelessness is one area that I would have thought that there was no shortage of advice on. Two organisations have appeared before the Committee every week, telling us about the expertise that they bring to the problem and the resources that they throw at it. However, we still come to such conclusions. Could you elaborate on the problem? First, who is giving this poor quality advice? Secondly, what additional outlets for advice are needed?

859.

Ms Hunter: One of the problems is that there is no system to regulate the quality of advice that is being provided. Therefore it is difficult to know what advice is being provided, or what the quality of it is; no one is monitoring the advice.

860.

Mr S Wilson: You have gone beyond that, however. You said that not only are there questions to be answered but also that you are concerned about the advice that is being provided.

861.

Ms Hunter: Yes, we are concerned about the quality of the advice. We do not know if it is of good quality or of poor quality. There are no monitoring arrangements. We would like a system to regulate the advice that is being provided.

862.

Ms McCrudden: The Housing Executive has a statutory duty, under the homelessness legislation, to provide advice and assistance to people. We are concerned that people who come to us for help often say that they have been handed a booklet because they are not considered to be homeless under the legislation.

863.

Ms Hunter: There is a distinction to be made between information and advice. An organisation could be considered to be providing information simply by handing a person a booklet, but that is not adequate if a person is presenting as homeless.

864.

The Chairperson: Are you talking about the advice that the Housing Executive provides?

865.

Ms Hunter: I am talking about the advice and assistance that is required to be given under statutory legislation. One of the points that we are trying to make is that the Housing Executive does not have a general duty to provide advice and assistance. Therefore, unsurprisingly, the matter is not a particularly high priority.

866.

The Chairperson: I may have interpreted him incorrectly, but I think that Sammy Wilson was making a point about advice being given on a wider basis.

867.

Ms Hunter: Yes. We are talking about providing statutory, general advice.

868.

Mr ONeill: As regards advice, and more particularly, practical support, is it the case that there are many disparate providers and that there is no coherent system? Is there a big gap to be filled? Would a strategy adequately cover that, or would it require more than just a strategy?

869.

Ms Hunter: A strategic approach to the provision of housing advice would be a significant step forward. A couple of years ago the Housing Executive carried out research into housing advice provision in Northern Ireland, and it concluded just that. While there was quite a lot of housing advice available, no one was pulling it together. There was a need to plug the gaps and to adopt a strategic approach, so that would be a positive step. However, that has to be complemented by training, monitoring and regulation systems to ensure that the quality of advice is maintained.

870.

Mr ONeill: You have had a detailed look at the issue of children leaving care. What provisions would you like to see in the legislation - and you drew attention to this specifically in your evidence - to complement the housing Bill, if we get that right, that might ensure that the young homeless that you referred to would be catered for more adequately, particularly 16- to 17-year-olds.

871.

Ms McCrudden: As far as I know, proposals under the Bill will mirror those in England. It will not be placing statutory duty on social services to provide accommodation for all care leavers, or for all 16- and 17-year-olds. However, there will be some specific circumstances under which they will be required to provide accommodation.

872.

We want to ensure that young people, who have not been in care and are not covered by proposals in the Children (Leaving Care) Bill, will not fall through the safety-net provision. We want to see that group of young people protected under the homeless legislation.

873.

Ms Hunter: It is useful that both Bills are being considered at the same time, as it gives us an opportunity to ensure those provisions.

874.

Mr ONeill: Just for the record, and to amplify this properly, how do you see the two pieces of legislation integrating? What can we provide as a result of legislation in the way of advice notes or codes of practice?

875.

Ms Hunter: We are talking about putting in place a legislative framework that will ensure that 16- and 17-year-olds who become homeless through no fault of their own will be entitled to accommodation. That is what we are trying to achieve. Is that what you are asking?

876.

Mr ONeill: Yes, but is that it, or is there also a provision needed in legislation for some kind of support, whether from social services or others? Is that a legislative matter, or is it advice or a code of practice or a code of behaviour note that is required?

877.

Ms Hunter: This is a good example of when legislation alone is not enough. Legislation has to be the basis, but it is not enough. Our understanding of the Children (Leaving Care) Bill is that it will provide support for young people leaving care and other children for whom there is a continued duty of care. There is also a need for a support package for those young people who have not been in care. We do not think that needs legislative protection. However, it is something that needs to be considered, and it is the sort of issue that should be considered if a task force were to be set up. It is also an issue that the Housing Executive has considered to some extent in the 'Homelessness Strategy and Services Review', which is out at the moment. We do not think that it needs to be in the housing legislation.

878.

The Chairperson: Sixteen to 17-year-olds make up around 25% of the homelessness statistics? Is that right?

879.

Ms McCrudden: According to the official statistics from the Housing Executive, 326 16- and 17-year-olds presented as homeless last year.

880.

The Chairperson: The figure we have relates to 16- to 25-year-olds.

881.

Ms Hunter: That is a much broader age group. They would account for about one quarter.

882.

The Chairperson: Kids aged 16 to 17 would clearly need additional support.

883.

Ms Hunter: That is exactly the point we were making.

884.

The Chairperson: When we have talked to other witnesses another issue arose, which is that homelessness is a cross-departmental matter. The Committee is concerned that this issue is not just identified as a homelessness or housing issue because it is not. When 16- and 17-year-old children live on their own without support, it is only a matter of time before they become homeless again and re-present.

885.

Ms Hunter: That is right and could be said about many people who become homeless. They need other support packages, and the Department cannot tackle the problem alone. That is one of the reasons why there should be a cross-departmental task force to look at homelessness. The problem does not exist in isolation and cannot be cured by a housing solution alone.

886.

The Chairperson: The review of the appeals procedures is important to people who have presented as homeless but whose cases the Housing Executive has considered and decided do not qualify. How do you envisage the independent appeals procedure would work?

887.

Ms Hunter: That procedure could work as a two-stage process with the first stage conducted internally, perhaps by the Housing Centre, and the second stage, if that were necessary, by an external independent tribunal. Our view is that that format should be prescribed so that there would be a right to an oral hearing, et cetera.

888.

The Chairperson: The criteria for homelessness would have to be prescribed in the housing Bill. For a tribunal to take a view it would be necessary for criteria to be established. We have the factor of discretion here, but if that is taken out of the system, then a clear definition of the criteria of homelessness is required.

889.

Ms Hunter: We are talking about the right to review a decision made under the homelessness legislation. That decision could relate to eligibility for assistance, what duties are owed, and under the discharge of those duties, suitability of accommodation offered. Those are the provisions we would be looking for. A code of guidance would also be important because that is something that the tribunal could have regard to when considering whether the appropriate decision had been reached.

890.

The Chairperson: That would include rights for 16- and 17-year-olds that they do not currently have.

891.

Ms Hunter: That is correct.

892.

The Chairperson: Thank you very much.

MINUTES OF EVIDENCE

Tuesday 5 March 2002

Members present:

Mr Cobain (Chairperson)

Mr Hamilton

Mr B Hutchinson

Mr G Kelly

Mr ONeill

Mr M Robinson

Mr S Wilson

Witnesses:

Paddy McGettigan,                         Project Manager, Open Door
                        Housing Association, Strabane

893.

The Chairperson: I welcome Paddy McGettigan from Open Door Housing Association, Strabane. The Committee wishes to obtain a view of rural homelessness as well as urban homelessness, and we thank you for coming here today at short notice.

894.

Mr McGettigan: I will be offering the Committee a practitioner's viewpoint, and giving an overview of what we have in Strabane, and how I feel that it is a model for dealing with homelessness.

895.

Open Door Housing Association developed a project in Strabane in May 2000. It was initially developed as 38 flats for people who were single and homeless, and special needs were not taken into account. As the project developed it became clear that other more diverseneeds in the community needed to be addressed, including mental health issues and the need for temporary accom­modation. The use of the flats was changed and staffing levels were increased to provide 24-hour cover. We currently have 10 flats for people with long-term severe mental health problems; 10 flats for vulnerable people, for whatever reason - it may be lesser mental health problems, age, or a variety of things; 10 flats for resettlingsingle homeless people and eight temporary flats for people presenting as homeless.

896.

Referrals are taken from the Northern Ireland Housing Executive, social services, the leaving and aftercare teams, the Probation Board, and self-referrals are taken out-of-hours as well. We have also taken referrals through agencies such as the Police Service of Northern Ireland. Referrals are received from a broad area, including Strabane, Derry/Londonderry, Omagh, Limavady, Cookstown, Enniskillen and Armagh. We have even had cross-border referrals, which in most cases we have not been able to take because of the funding arrangements.

897.

Experience suggests that problems such as literacy, mental health, low self-esteem and addictions are endemic in the homeless community, and we have put several measures in place to address these problems. Everyone receives a needs assessment, which ensures that they are treated individually. Having identified individual needs we address them by identifying a key worker who will work with the people, guiding them through options in training and employment opportunities, and permanent housing in the community.

898.

It is made clear to each person referred that commitment to the development programme is part of the conditions for securing accommodation in the project, since we believe that a holistic approach to the problems that have led to homelessness is the only effective way of addressing it. The programme is tailored to address physical and mental health problems, alcohol and drug dependency, cooking and domestic skills, budgetingskills and a range of other necessary skills for independent living. Staff work closely with social work teams, leaving and aftercare teams and mental health teams in addition to the Northern Ireland Housing Executive and other agencies. We have achieved very effective results, and follow-up checks indicate that after resettlement no one has returned to accommodation for the homeless.

899.

As to how well the arrangements address the issues; initially the project was for referrals over the age of 18, but almost immediately it became apparent that there was a substantial need for accommodation for young people - in particular young care leavers. Between April 2001 and the beginning of March 2002 the project received 115 referrals from various sources - a quarter being care leavers. The referrals were for the eight temporary units only, and not for any of the other flats. There are approximately 67 people on the common selection scheme list for our permanent flats. Approx­imately 18 referrals were made to the scheme through the Housing Executive, and we were able to accept and help 26 referrals in total. Our main problem is the lack of beds, which leads to the silting up of the facilities because we do not have appropriate move-on accom­modation. The lack of move-on facilities means that the temporary accommodation has lost its service potential.

900.

To specifically address the needs of young care leavers we have a working relationship with Foyle Health and Social Services Trust leaving and aftercare team to develop a unique project that will be based in the Water­side area of Derry/Londonderry. This project will be a high-tolerance facility designed to deal with six young care leavers, and will accommodate people whose needs are so great that they cannot be accepted for Dillon Court. Open Door staff will manage the project, and it will be staffed 24 hours a day. We will be fully backed-up by the leaving and aftercare team who will also provide ongoing training in issues relating to young care leavers. Unfortunately services have had to be withdrawn from another trust that has been unable to provide the type of support that we need for out-of-hour services at Dillon Court. After discussion and writing to that trust we felt we had no choice but to remove them.

901.

The problems of homelessness are addressed to a very high standard, and this has placed great demand on our services as you can see from the area that we deal with. We are making a difference to those with whom we can work, but the problem is that we cannot work with enough. Existing arrangements for dealing with homelessness are not working in rural areas. The lack of facilities means that when someone becomes homeless they are often moved out of their community. Apart from losing their home or their family contacts they also lose that community contact.

902.

The majority of young people and other homeless people referred to us from organisations such as the Simon Community or Foyle Homeless Action and Advice Service would have been referred on to hostel accom­modation in Derry. The Strabane Association for the Temporary Homeless has been there longer than we have, but they specialise in dealing with women and young mothers.

903.

Professionals often turn young people away who have been made homeless due to family breakdown, and I am talking from our experience here. It becomes a pass-the-parcel game between social work teams and the Housing Executive because no one will take responsibility for dealing with that young person. As a last resort they are sent to us, and more often than not we cannot deal with them because we do not have the accommodation. There is an inability to provide joint working relationships within statutory responsibility. Lack of other facilities makes it difficult to work to resolve the causes of homelessness, even when accommodation can be found for referrals. Training facilities for employ­ment and training opportunities are lacking in small rural communities. Even if they can get permanent accommodation it is difficult for us to teach them the skills to help them fend for themselves.

904.

Move-on accommodation is not available to any great extent, and the majority of places offered in the private rented sector are often in poor condition. Rents are set at levels that are unaffordable, especially for those under 25 years of age. In some cases I would contend thamanagement policies used in temporary accommodation contributes to the increase in homeless­ness. Some hostel accommodation will take people regardless of their situation, which makes it too easy. For instance, a 16 or 17-year-old girl who has fallen out with her mother on a Friday night because she is not allowed to something would present herself at Dillon Court, and if we are stupid enough to take her, she becomes a homelessstatistic. Most temporary accommodation in other hostels is a shared room, which increases the dangers for vulnerable people. Dillon Court is unique in that it offers the same self- contained fully furnished accommodation to temporary residents as it offers to permanent residents.

905.

From our experience in rural communities the true extent of homelessness is unknown. Many homeless people, sleep on sofas and floors of family and friends, and often do not present themselves to the Housing Executive. When people do seek help from the Housing Executive, they are given inappropriate information or no information. Application forms are often handed to applicants who are advised to complete and return them, and they can often be disadvantaged if they do not know how to represent themselves properly.

906.

Those who use temporary accommodation move from accommodation to accommodation, taking up beds between Derry, Belfast and various other areas, and we should consider how to limit the mobility of such people. They add to the statistics because different hostels send in the same figures for the same person. They never make the transition to permanent settled living because they never stay long enough in one place to learn the skillsto put down roots. Some residents are using temporary accommodation for permanent residence. One hostel in Derry has residents of nigh on 10 years' standing, and therefore it is clearly not temporary accommodation. This keeps temporary accommodation in permanent use, removing that unit from the system and giving a false account of temporary accommodation units in an area.

907.

I should like to list some of the changes that I feel are necessary. A duty should be placed on the Housing Executive to provide temporary housing for people under the age of 18 until their circumstances can be fully investigated. This should also involve joint working protocols with social services. Priority need category in the legislation should be extended to 16- and 18-year-olds solely because of their age. There must be more appropriate accommodation for young people and vulnerable adults. Rents in the private rented sector should either be capped or be subject to some form of regulation to ensure fair prices for accommodation. Many landlords receive housing benefit but charge up to £25 on top of that for a single-bed flat or bedsit. There should be more effective monitoring of all temporary units to ensure that maximum use is being made of the resource, and that proper resettlement and ongoing support are provided. That will probably happen when the Supporting People programme is introduced.

(Acting Chairperson, Mr ONeill in the Chair.)

908.

More should be done to establish what the main causes of homelessness are, and resources should be targeted at prevention. For example, many young people are made homeless through family breakdown. Perhaps it would be appropriate to use more parenting programmes or intervention programmes to relieve the pressures before they reach crisis point. In many cases families in danger of self-destructing are known to social services, however, resources are either limited or at a level where intervention is not good enough. In some cases planned moves to temporary accommodation would allow space for a healing process to take place within family relationships, and this can only happen if people are allowed to remain in their community. It is necessary to have an amalgamation of the roles in housing and social work roles similar to those in England and Scotland. Homelessness is currently seen as a housing problem. Whereas the provision of accommodation will remove the immediate problem of a place to live, it will not necessarily resolve the underlying problems, and there lies the risk of repeat homelessness.

909.

There is a need for more advice to be made readily available in a way that people will understand. There should be some form of legislation or protocol that ensures that statutory, voluntary, and non-voluntary organisations co-operate fully to establish good working practices, which will ensure accountability and effective use of resources. In some cases there is still a territorial battle between housing associations and other organisations, and there is no need for that as it cuts down the effectiveness of their service. There should be adequate provision within each council area to meet the needs of the homeless community in that area. An independent body should research the provision, as much of the research in Northern Ireland is carried out by organisations that are stakeholders in homeless provision.

910.

Finances have to be made available to ensure the permanence of accommodation already in existence and the ongoing development of new accommodation to meet change. Education, even at secondary school level, should be undertaken as a preventative strategy for homelessness. In the same way that social security benefits are linked to training, we should look at ways of linking housing to training - placing responsibility of the individual to do everything possible to ensure that he maximises his chances of keeping permanent accommodation and minimises the risk of re-entering the homeless community.

911.

Rural provision of temporary accommodation should be subsidised to ensure its survival. Small temp­orary units with two, three or four beds should be integrated into larger permanent schemes, thus making them more cost-effective. The cost of the units could be spread across the cost of other units, and the main units in those facilities could sustain staff levels. Financial assistance should be readily available to ensure that training units are available in temporary accommodation schemes. There should be minimum working requirements for each staff member who works with homeless or vul­nerable people. It should also be compulsory for all accommodation providers to carry out stringent back­ground checks on staff through the PECS register. Currently that is not being carried out, as there are cases where people who have not been vetted are dealing with vulnerable people. There should be greater use made of floating support models, especially within rural commun­ities, to provide ongoing support to enable people to remain within the community.

912.

Many organisations are trying to be innovative to develop services that will meet the current needs as well as the changing needs of the homeless community. In some cases housing associations and homeless organisations are more intent on their own survival than addressing the needs of the users. As they currently operate, many organisations will not be able to meet the requirements under the Supporting People initiative, and some organisations may even miss out. The long-term sustainability of some organisations will be affected if they do not have their submissions for Supporting People finances implemented in time. At the same time, some larger organisations are losing the whole ethos of dealing with homelessness. They are now more concerned with maximising income and developing and increasing their capacity.

913.

In the past, the building costs of Open Door were funded 100% by the Department for Social Develop­ment. Special needs management allowance has been claimed, and rental costs have been set to cover staffing costs. In April 2003 there will be a change and support costs will be retrieved through the Supporting People fund. Future developments will also have their support costs met by Supporting People. However, there are already problems with sourcing finances for costs associated with implementing transitional housing benefit and Supporting People.

914.

The new project we are about to open in Derry/ Londonderry ran into difficulties and money was deducted from us through the transitional housing benefit scheme. That has been sorted out, but it is still unclear, from a Supporting People and the transitional housing benefit perspective, how organisations should make their applications, and what will and will not attract money. We need more information on those issues, as they will affect long-term homelessness.

915.

The Acting Chairperson: I know you were concerned about transient members of the homeless community, and I hope you have no objections about transient Chairpersons. I have taken over the Chair by prior arrangement with the Chairperson. I particularly want to thank you because I know that the Committee were anxious to hear a rural view and your presentation was put together at short notice. The Committee is thankful to you for that.

916.

You made a number of interesting comments and some frank observations about existing arrangements. I would like to begin with a question or two about staffing. When you spoke about starting up your project, you talked about identifying needs. What standard of training does your staff require to be able to cope with some of the difficulties of analysing and identifying needs, especially among young homeless people? You also said that you received referrals from rural areas and you mentioned several towns. How do you get referrals from rural towns and districts?

917.

Mr McGettigan: The majority would be self- referrals - people would actually turn up at the scheme.

918.

The Acting Chairperson: You also said that everyone who came in had to have a commitment to the project. What happens if you do not get that?

919.

Mr McGettigan: We are anxious to give everybody a chance. However, there is a high demand on the service, and we are faced with a choice - do we accept someone who will have to stay in the project because they do not have the skills to move out into the community, or do we try and work with those homeless people who want to move out to the community and fend for themselves? We would never turn anyone away if we have accom­modation available, unless there are certain circumstances that would endanger staff or other residents.

920.

However, when giving people the opportunity to take up accommodation, we encourage them to work with us. In most cases, when they see what they can do and the opportunities that can come their way, they will work with us. It is not simply a matter of filling a flat. Anybody can provide accommodation, but tackling home­lessness is a different issue, and that is what we are trying to do.

921.

The Acting Chairperson: What about the staff- training aspect?

922.

Mr McGettigan: Regarding staff training, wage levels have a direct relationship to qualifications. Even people with more formal qualifications, such as myself, are not paid well. I spent two years in England, because I could not get appropriate work here at a level that suited me after obtaining a degree in housing manage­ment and policy. Most project workers have a minimum of one year's experience working with homeless peopleor similar special-needs groups, which could mean working with young care leavers, but it may also mean working with the elderly or people with learning disabilities.

923.

In general, we find that when we advertise for staff, we poach people from other organisations leaving them with the problem of finding staff. The same happens with the staff trained by our organisation. The majority of people are trained on the job. A project worker's starting salary at Dillon Court is about £9,000, which is a ridiculous amount given the responsibilities that that person will have. We have one project worker on duty at night to deal with 38 people, and we are carrying out a social work role. The worker gets an additional sleepover allowance of £26 per night, which is paid separately, but it is still wholly unacceptable.

924.

In Strabane, we are faced with the situation that the mental health team finish work at 5.00 pm and we have no backup. Doctors will not visit the scheme; they ask us to send people to the clinic. Many matters have implications for the homeless project, but they are not solely concerning housing or homelessness. The scheme is lacking in services. As I said, I have had to withdraw services from one of the trusts, because the out-of-hourssupport that we were promised was not there. For example, we phoned a duty social worker to find out about services for a young care leaver who was subject to a care order, and we were told that nothing could be done. As the previous witnesses said, this is not a matter that the Committee will be able to deal with in isolation, because it includes health issues and other matters. It will be necessary to get social work and housing staff together and get them to work together.

925.

Mr S Wilson: I want to thank you for the frankness of your presentation; it was refreshing, because not all the people who give evidence are as frank as that.

926.

I would like to go back to what you said at the start about the size of the unit in Strabane, which is for 38 people. You also mentioned the need to amalgamate some of the smaller units to get economies of scale. Some other organisations that gave evidence to the Committee said that a problem with rural homelessness is that small-scale units must deal with it. A normal sized unit is ineffective, because the homeless people are scattered all over the place. Therefore, a problem arose because it was unfeasible to provide scattered facilities. Does your experience show that if a unit were centralised,people who become homeless in small hamlets and villages would be prepared to travel to it?

927.

I was slightly confused by another point that you made. You said that if a girl fell out with her mother on a Friday night, and presented as homeless, a degree of discretion would be used. On the other hand, there should be a statutory requirement to provide temporary accommodation for 16 year olds. Are those statements contradictory? If a 16-year-old girl rowed with her parents because they would not let her go out to get drunk on a Friday night, and presented herself as homeless, would there not be a requirement to deal with her? By not dealing with those young people, are you perhaps creating unnecessary homeless statistics?

928.

Mr McGettigan: I was referring to the fact that questions are not asked and checks are not made in some hostel accommodation. The first thing I would ask a 16-year-old girl for would be her mother's address or telephone number. I would make contact with the girl's mother to explain that she has presented herself as homeless and to establish whether she has a bed for the night. We have taken that approach in some cases, resulting in the person returning home.

929.

When we opened Dillon Court, I had two objectives. We would not fill beds because we needed rent, and we would not increase the level of homelessness in the area by accommodating people, who otherwise would not have presented as homeless. At 8.00pm on a Friday night that girl would have been sent to stay with a relative before being returned to her mother in the morning, because she could not present herself as homeless to either the Housing Executive or another unit. Such a girl would come to Dillon Court now because she may have had a friend who had stayed there. The friend may have told her that it is a good place to stay because you are given your own flat. We must be careful that cases such as that do not increase statistics, and in some ways they do.

930.

Mr S Wilson: I admire the way in which you deal with such cases; it is a common-sense approach. If there were a statutory duty, would every organisation deal with cases in that way? Would there be a tendency for organisations to decide that if a person presents as homeless, they have a duty to provide accommodation, which would add to the homelessness problem? As some stakeholders want to receive extra funding, their agenda may be to ensure that there is an increase in homeless statistics.

931.

My second question referred to the size of the units. Are you content that people will travel to centralised units, or do you feel that there is a need for scattered units?

932.

Mr McGettigan: Scattered units will run into difficulties because they will not be full all the time. If the units are not occupied, staff cannot be kept in place - it would not be cost effective. We want to provide for the best and worst case scenarios. If there is a staffed unit for the elderly in Castlederg - an area with allocation problems - two of the flats could be used as temporary accommodation. Use it for a specific type of temporary accommodation, perhaps for elderly temporary accom­modation, but at least use it, rather than having permanent flats used for permanent residents only. Even in Strabane, at Dillon Court, during the summer there are months when people stop referring themselves in as great a number. They must go on holiday or something. During certain months, we may have a week where we have two flats available. If our scheme was not the size that it is, that could cause problems. In certain areas that situation may occur frequently.

933.

Considering the economies of scale, the natural thing to say is to forget about what you are going to lose in temporary accommodation, and concentrate on keeping the other flats fully occupied. Keep your voids down in those, and use the money that you are getting from the full occupancy of your permanent accommodation to cover the losses on your temporary accommodation. It works for us. Dillon Court is a success financially, but we are not looking to make money.

934.

Mr S Wilson: With regard to reaching the potentially homeless or the homeless in outlying areas, is there a hindrance because they must come into the town?

935.

Mr McGettigan: No, we have people who have come from all over the district. They see the quality of accommodation and the support services. They may be dislodged from their immediate community, but they are still in their generalised community. They are not moved to Derry, which most people in the Strabane area would see as foreign parts. It would be like taking someone from 30 miles outside of Belfast and putting him or her in a hostel in the centre of Belfast - it is a whole different way of life. At least Strabane is at a pace that most people can cope with. Omagh is close enough. Referrals from further away tend to be people who are transient anyway and would not be from a particular community. That has not been so much of a trauma for people.

936.

To touch on the bit about the statutory respons­ibility, I am not necessarily saying that there should be a statutory responsibility for that person to be accommodated out of hours. If the Housing Executive receives someone in its office during the day, there should be a statutory responsibility for it to do all that it can to find out the background of that person and to ensure that social services are involved. If necessary, the Housing Executive should provide them with temporary accommodation until all measures can be put in place to ensure that that person is safe.

937.

There are 16- and 17-year-olds out there on their own, and they are not safe. We have been asked recently to consider taking referrals from one of the care homes for people as young as 14 years of age. It is getting worse, and that is the direction that things are going.

938.

Mr G Kelly: I do not want to lean too heavily on the example, but your last comment was on the area that I was talking about. To use the example, what happens if the young person says that they do not want to give you their parents' phone number?

939.

Mr McGettigan: If it were a matter of their safety, we would take them in.

940.

Mr G Kelly: Returning to the statutory duty, does that mean that you would put that young person up - who may or may not show outward signs of distress - and then investigate? If they requested that you do not approach their parents, would you automatically go to the statutory bodies, or what would you do?

941.

Mr McGettigan: Our main point of contact out of hours would be a duty social worker. I will be frank again; I have upset everybody else, so I may as well upset the duty social workers. In my experience, their out-of-hours service is worse than useless.

942.

Mr G Kelly: You are being very frank.

943.

Mr McGettigan: There is no point giving you information simply to massage other people's egos.

944.

Mr G Kelly: Somebody who has been abused or who is in a terrible situation may present as homeless, but his or her difficult circumstances may not be immediately apparent. Do those people have a statutory right to be housed? Are you saying that those people should be housed, at least until more can be found out about their situation?

945.

Mr McGettigan: It should be the statutory responsibility of the Housing Executive to ensure that young people who present themselves within office hours are put in contact with social services, and are housed as a protective measure, until the reasons for their homelessness become apparent.

946.

Mr G Kelly: Why do you not also deal with those people who present themselves out-of-hours?

947.

Mr McGettigan: Our problem with out-of-hours provision is that we do not have the necessary back-up, hence my comments about the duty social-work team. Current provision is ineffective, therefore the issue must be dealt with by health boards and housing organisations.

948.

Mr G Kelly: You touched on how difficult it is for statistics to reflect hidden homelessness, and the problems encountered in trying to improve homeless people's prospects. You also mentioned limiting mobility - can you explain what you mean by that, and what can be done about it?

949.

Mr McGettigan: Better communication between organisations is needed. Some of the bigger homeless organisations have accommodation in Derry and Belfast, and know that people frequently transfer from hostel to hostel. That is fine if they transfer for specific reasons, for example, family commitments. However, many people transfer for inappropriate reasons. Some people are well known within the housing field for continually transferring from hostel to hostel throughout the Province - and I would not like to guess at their reasons for doing so.

950.

I am trying to show the link between co-operation among those who work in the housing field and provision of accommodation for homeless people. Just as un­employed people are required to try and find employment, homeless people should be required to try and acquire the skills necessary to ensure that they have the best possible chance of staying in the community in which they have been resettled, through the provision of services that are provided within the temporary accommodation sector. That should also include ongoing support from the organisations that are dealing with homelessness and the floating support models.

951.

The Acting Chairperson: How many people have you provided accommodation for over the years? When you say that no homeless people have returned to your organisation, and that it has 26 spaces, what do you mean by that? Do you mean one tranche of 26 people, or several tranches?

952.

Mr McGettigan: We have eight units, so between April 2001 and the beginning of March, we have been able to house only 26 people. We have resettled 18 people in the past year and none have re-presented as homeless.

953.

The Acting Chairperson: Has the organisation been up and running for only one year?

954.

Mr McGettigan: No, it was set up in May 2000. The project was initially opened for permanent accommodation in May, and was reopened in June 2000 for temporary accommodation. There was a lead-in period when we had accommodation available. However, as word got around to social work teams and the various agencies that we were providing a service that was not being provided in other areas, the number of referrals started to increase. That increase began about September of last year, and it has spiralled ever since. Although we keep a record of referral figures, we can no longer keep pace with the referrals because they are coming through so fast. If we get a referral that we cannot handle, we pass it on to another agency - either the Strabane Association for the Temporary Homeless (SATH), or more often, to an agency in Derry.

955.

The Acting Chairperson: Thank you very much for your contribution. The Committee will meet to make recommendations vis-à-vis the Housing Bill, and no doubt you will know the outcome of those meetings in due course. Perhaps you may see some of the things you have been talking about.

MINUTES OF EVIDENCE

Tuesday 12 March 2002

Members present:

Mr Cobain (Chairperson)

Mr Hamilton

Mr O'Connor

Mr ONeill

Mr M Robinson

Witnesses:

Mr T McCann                        )

Ms R Rowledge                        )                        Council for the Homeless

Ms N Toman                        )                        (Northern Ireland)

956.

The Chairperson: I would like to welcome Mr Tom McCann, Ms Ricky Rowledge and Ms Nuala Toman from the Council for the Homeless Northern Ireland.

957.

Ms Rowledge: My name is Ricky Rowledge, and I am director of the Council for the Homeless Northern Ireland. Tom McCann, who is our chairman, has 25 years experience of managing the Ormeau Centre in Belfast, and Nuala Toman is our policy and information officer.

958.

I would like to thank you for giving us the opportunity to present evidence. We recognise that it has been a long haul since your inquiry began in December. We are the umbrella organisation that represents the more than 85 groups in the sector, and we provide information, support and networking advice. We would like to summarise some of the points that have been raised in previous evidence sessions; Ms Toman will focus on a few areas that have come up regularly over the past few months, and I would like to talk through the three areas on which the inquiry focuses.

959.

As you have been told, homelessness figures for Northern Ireland is the highest in the UK, which is surprising. We are fortunate that we do not have as many people living on the streets as elsewhere in the UK. We have over 12,000 homeless households this year, and those range from one person to a large family that present as homeless to the Housing Executive. Many people also go directly to temporary accom­modation projects, either because they do not know that they can access assistance from the Housing Executive, or they feel that that assistance would not help them find temporary accommodation, so they find it themselves.

960.

Homelessness has increased by 15·5% in the past year. That jump is significant - perhaps because the selection scheme and Housing Executive assessments under that scheme have changed. There is also a small increase due to the civil disturbance in Northern Ireland. On the whole, the figure of 11,000 to 12,000 homeless households per year is static, and that is a substantial number.

961.

That figure for Northern Ireland is made up of those who present to the Housing Executive, approxi­mately 50% of whom are single. Single homeless people have more difficulty accessing permanent accom­modation. We must also realise that occupancy in temporary accommodation projects is around 90%. Many projects that take statistical evidence - such as the Simon Community - turn away twice as many people as they can accommodate, because there is no room for them. Therefore homelessness is a big problem.

962.

We were asked to examine relevant legislation in the rest of the UK. In many ways, we lag behind the homelessness strategies of other devolved Governments. However, legislative positions vary in the UK. The National Assembly for Wales has extended priority groups. The Welsh Government have taken particular interest in rough sleepers and produced recommendations as to how they will deal with that problem.

963.

The Scottish Parliament has been the most progressive of all the legislatures. It set up a task force that worked for two years before publishing its final report last week. That report has some radical proposals for dealing with homelessness, and I will discuss some of those recommendations later. It is expected that a new Homelessness Bill will be enacted in Westminster in 2002, and that Bill moves away from the Housing Act 1996 on which our new Housing Bill may be modelled. In Westminster they realise that that Act had severe limitations and exacerbated homelessness in many areas. We do not want to fall into that trap - we want to learn from their mistakes and ensure that we expand our duty to homeless people.

964.

A task force to look at homelessness has been set up in the South of Ireland. Local authorities now have a legislative duty to produce homelessness strategies. They have not got far with that, and their services are not of the same calibre as ours, but they realise that it takes legislation and the power of Government to ensure that Departments and statutory and voluntary agencies do something about homelessness.

965.

We will make some recommendations on the basis of that introduction. First, we should look closely at what has been done in Scotland, where emphasis was placed on the prevention of homelessness. The factors that lead to homelessness will not change significantly in our current social climate. Family and relationship breakdown and domestic violence will always cause difficulties, as will poverty and unemploy­ment, which can lead to repossession and eviction. There will always be people who suffer from mental health problems and addiction problems. Those factors will not change, so we must consider a strategic way to address the problems. We are not doing well in that area at present.

966.

Many people are spending long periods in temporary accommodation. They receive only minimal support, and the necessary resources are not available to enable them to move into the community. Perhaps we should follow the Scottish model, by bringing together an interdepartmental working group to consider the matter. This cannot simply be the responsibility of the Department for Social Development. Homelessness is not only a housing problem. Homelessness requires the involvement of every Department. We must examine ways in which we can encourage homeless people into employment, and ensure that they have the same access to healthcare services as everyone else. There should be a panoply of support services. This approach will be more cost-effective in the long term.

967.

A more strategic use could be made of existing resources in the sector, but additional funding will also be needed. Surveys that were conducted in England show that if good support services are provided for people when they move back into permanent accommo­dation, a great deal of money is saved on voids and the prevention of the inappropriate use of health services. People will be steered towards the appropriate existing services in the statutory sector. In the long term, this approach will be more cost-effective.

968.

We welcome the fact that the Housing Executive has been proactive in putting together a homeless strategy, without a legislative duty to do so. However, we argue that a legislative duty should be imposed. At present, the chief executive and staff of the Housing Executive are very sympathetic to homelessness. However, staff will be replaced over time. Homeless people deserve to be protected, irrespective of who is in power in statutory agencies. Therefore, we ask the Committee to take responsibility for imposing a legislative duty on the Housing Executive to produce a strategy. That strategy should be monitored, either by the Department of Social Development or an interdepart­mental working group, to ensure that the recommen­dations are followed. Again, finance is needed to underpin that and to realise the strategy. As in Scotland, we are looking for finance over the next 10 years, rather than tomorrow.

969.

Emphasis must be placed on the prevention of homelessness, which means that we must address education in schools. Young people need to learn independent living skills. Many young people move out of home, not because they are experiencing difficulties, but because they are at an age where they are ready to live independently in the community. However, they do not receive the education that will assist them to do that. Therefore, many are evicted from their properties and have to stay in temporary accommodation.

970.

We will be considering the introduction of debt counselling and mediation services for family breakdowns and neighbour disputes. A range of services should be introduced to help prevent homelessness. Prevention is the main way to reduce homelessness statistics. We also need to ensure a variety of options for those who will never be able to live in unsupported accommodation. Some people will never be able to live completely independently, so we must ensure that appropriate services are provided for them.

971.

Ms Toman: First, I will address what happens to people who are classified as being non-statutory homeless or who do not achieve full-duty applicant status from the Housing Executive. Such people are entitled to advice and assistance from the Housing Executive, but not necessarily to accommodation. They normally self-present to the voluntary sector, remain in unsuitable housing, or take a variety of unsuitable temporary measures such as sleeping on friends' floors or sleeping rough.

972.

Youth homelessness in Northern Ireland is an issue that the Committee has heard about many times already, and it has increased by 15% in the past four years. The Housing Executive has acknowledged that the 16-25 age group has specific identifiable needs. Only about 25% of 16-25 year-olds are given full-duty applicant status, which means that the remaining 75% have to move towards non-statutory methods.

973.

There is a clear distinction between the young homeless person and the "traditional" or "visible" homeless person that is often portrayed in the media. Specific difficulties are encountered when trying to accommodate the needs of young homeless people in non-specialist hostels. It would obviously be more beneficial for young people to be housed in accommo­dation specifically suited to their needs.

974.

Many young homeless people come from a care background. It is estimated that between 20% and 40% of young care leavers may become homeless. It is vital that the Department of Health, Social Services and Public Safety takes that on board, and investigates the housing problems they face. We must also consider that young people have multiple and complex needs that must be catered for by adequate service provision and support and that, in some instances, effective resettlement is difficult to achieve.

975.

We recommend that the priority need category in the current legislation be extended to include 16-18 year-olds on the grounds of age. We also advocate the provision of proper and adequate support services and ask for the removal of benefit restrictions for under-25s. In addition, we ask for the provision of specially designed emergency and permanent accommodation for young homeless people, the regulation of the private-rented sector and that all hostels be resourced to provide single rooms.

976.

Little research has been carried out into the issues facing homeless women in Northern Ireland. In 2000-2001, 2,062 female applicants presented them­selves as homeless to the Housing Executive. That figure has increased by 23% since 1991. There are 53 voluntarysector hostels in Northern Ireland, 17 of which are women-only hostels, and 15 of which are specifically for women and children who have experienced domestic violence or abuse. A total of 636 applicants stated on their application form that they had become homeless because of domestic violence. At the risk of generalising, if we presume that all those applicants are female, the needs of over 1,400 women fell outside the remit of services provided by Women's Aid.

977.

It is worth noting the risk of violence and abuse that homeless women are exposed to when staying in mixed hostels. Simon Community research shows that women have highlighted the need for a safe area, privacy, the choice of shared or self-contained accommo­dation, cleanliness and the opportunity to gain life skills. Our organisation recommends the provision of specially designed emergency and permanent accommo­dation for homeless women, and the provision of information and advice services tailored for their specific needs.

978.

Rural homelessness is likely to be as prevalent as urban homelessness, but exact data on the extent of rural homelessness is extremely difficult to gather. Homeless people living in rural areas have few options, and suburbanisation has increased the cost of rural housing. Even when hostel provision exists, homeless people in rural areas may favour other options because of the stigma associated with homelessness, particularly in a small community.

979.

In 1991, the Northern Ireland Housing Executive published research on rural housing policy, which highlighted the significant problems of unfitness, lack of amenities and disrepair in rural areas. Little progress has been made since that report was published. In February this year, the Housing Executive launched a major research project that is going to focus on the issue of rural housing and homelessness. We also feel that there are things that can be done in the interim.

980.

If the social housing stock in rural areas is small, re-lets are low, or there is little stock available, rural dwellers do not necessarily put their names forward for the Housing Executive list. Therefore, that does not necessarily reflect demand. Also, the Housing Executive has said that the indication of housing stress in the waiting list form has long been inconsistent with what actually happens in rural areas.

981.

We at the Council for the Homeless recommend the development of rural outreach Housing Executive offices. We ask for a review of the housing demand/supply relationship. We press for an alteration to the traditional type of Housing Executive new build, to ensure that the housing product is seen to be both appropriate and accessible by the rural population. We also ask for the provision of specially designed emergency and permanent accommodation for young people in rural areas.

982.

We picked out several areas to indicate how far people would have to travel to access services. If you are from Ballygawley and want to access the Housing Executive, you will have to travel around 20 kilometres to Dungannon to access services. In total 342 people presented as homeless in Dungannon, but only 30% were catered for. We also considered Glenarm. People from Glenarm would have to travel approximately 15 kilometres to Larne to access services. In Larne, 232 have presented as homeless, and 31% got full-duty applicant status.

983.

Furthermore, people from Claudy would have to travel 15 kilometres to Derry for provision. The rural homeless must relocate. If they do not access services in their vicinity, they will float toward a city. It would obviously be more beneficial for them and providers if they could work closer to home.

984.

Ms Rowledge: Tom McCann is going to answer your questions and give a practitioner's point of view. I want to conclude by saying that our main recommendation is that you press for an interdepartmental structure in how to cope with homelessness. Homelessness is not just about housing. It is not just about the provision of extra housing, which we need. It involves the provision of sufficient housing and housing of the right kind. Any approach to homelessness must deal with all the elements of the picture that is homelessness today in Northern Ireland.

985.

The Chairperson: The issues have become crystallised as we have gone through this. We must focus on the departmental working group. That has come strongly through, as have all of the proposals that have been put before us.

986.

I want to ask about housing finance. We are having difficulty in breaking down the support element. The Department is being driven toward separating housing benefit and support, paying housing benefit out to organisations such as Shelter and the Simon Community and then bidding for the support costs. There are inherent dangers in that. Do you want to comment on that?

987.

Mr McCann: Breaking down the support costs and management costs has been a problem for the providers. There is a certain cost to running the Ormeau Centre, which I managed, each year. We are being asked to split that cost into support and management. The overall cost is how much it takes to run the place. Whether it is called support or management does not matter; having the money to run the project and provide services for vulnerable individuals matters to us. Basically, we are working to formulas and guidance we are receiving from the Housing Executive and other organisations in terms of the split, and the guidance is that there should be a 60:40 split.

988.

Ms Rowledge: It is of concern to our sector that while housing benefit has been demand-led, it looks as if the Supporting People Fund will be ring-fenced, which is part of the difficulty. Having worked in the area for a long time, many of us have seen what happened with the social fund. Money could be withheld at the beginning of a bid, or left over at the end, which was not necessarily distributed appropriately.

989.

Secondly, ring-fencing does not take into con­sideration any fluctuations in demand, or the development of new services. That is a major concern. Also, within that ring-fenced pot, what priority will be given to groups that provide sheltered housing - which has people with learning disabilities and mental health problems - and tackle homeless in general? If the money now in the homelessness field goes into this pot, can there be any guarantee for service providers that we will get the same amount of money?

990.

We will recommend flexibility in this. Although the basics seem to be the same in England, Scotland and Wales, it is being administered slightly differently there. It would be ideal if the Supporting People Fund were also demand-led.

991.

The timescale we are working to at present is not realistic, and we may have to look at this over the introductory period of 2003-06. Although from your point of view Supporting People will be a financial headache to administrate, it does offer scope for our sector. It gives us the opportunity to fund services that we previously have not been able to fund, such as floating support services in the community. The scheme also has very strict rules and regulations on accreditation, quality and monitoring standards, which the Council for the Homeless and our members will be glad to see. It focuses on the individual, and that is good.

992.

Mr Hamilton: Can one of you give a casework example, to show us exactly what you do?

993.

Mr McCann: I can give you dozens. We are talking about multi-complex needs, which is a growing problem in all homelessness projects. Multi-complex needs are a combination of factors such as homelessness, learning disability, offending history, health-related problems, mental illness, addiction - a whole range of combinations of those things. There is no such thing as just homelessness. There is a whole range of problems attached to it.

994.

One person I have worked with for 20 years - we will call him Jimmy - has been a street alcoholic, with a chronic addiction, over many years. In his early 20s he had a range of mental health problems. Jimmy has gone through all the systems in Northern Ireland, and in fact he became so hard to manage that he ended up in an institution in Scotland for many years. Eventually he came back to Northern Ireland and continued to sleep rough in the streets. I came across Jimmy about 20 years ago when he was barred from everywhere. He was barred from the Ormeau Centre, where I later came to work, for trying to set the place on fire. He broke in one night, got a load of files and lit a bonfire. That is the kind of behaviour we are talking about. Having said that, through working with him over the years we were able to get his drink problem under control, and provide him with accommodation. We managed to get him resettled into the community, where he stayed for three years, against all odds. Unfortunately, after three years he was intimidated out of the area.

995.

He returned to the Ormeau Centre three months ago to live in the crèche facility, which is a big room with 10 or 12 beds. The Ormeau Centre is a 33-bed unit, plus the crèche facility. After some weeks we noticed that his health was deteriorating rapidly. He lost weight and would not eat, and he complained of a lot of pain. Eventually we got him to the hospital because he was reluctant to see a doctor or go anywhere near a hospital.

996.

He was diagnosed with lung cancer. After a week he was discharged from hospital; the doctoes said that he was fit enough to look after himself and they could do nothing more for him. He was given two weeks to live, but we did not accept that. We challenged the decision and got a range of supports in such as nursing services, and we found him a room. That is Jimmy's history over the past 20 years. His family did not want to know him for many years but is now reconciled with him to the point where a sister offered to take him home with her. His sister has young children and he did not want to be a burden on her. He wanted to be in the place where he is now, which he regards as his home.

997.

Mr Hamilton: Do you have any strategy for dealing with people who are intentionally homeless?

998.

Mr McCann: If someone does not have a roof over his head, he is simply homeless as far as we concerned.

999.

Mr Hamilton: Yes, but under the legislation they are classed as being intentionally homeless.

1000.

Mr McCann: If people are homeless and without a roof over their heads, they have a range of needs. A 17-year-old girl was referred to us a couple of weeks ago as intentionally homeless. She was sleeping rough in a car outside her boyfriend's house. She had been to the Housing Executive and was regarded as intentionally homeless. She had had a row with her parents and could not go back there. She went to many hostels but, unfortunately, her boyfriend followed her and created a nuisance. She was barred from the hostels, which was why she ended up sleeping rough. In spite of a long history of abuse in the family, she was still regarded as intentionally homeless. She is now in a hostel with support from the social services and others. There is a non-molestation order against her boyfriend, and she is now, for the first time in her life, addressing her problems. However, the legislation would still class her as intentionally homeless.

1001.

Ms Rowledge: The "intentionality" clause in the new Housing Bill will be strengthened, especially in the area of anti-social behaviour. The Scottish report makes interesting reading. It says, quite rightly, that even if someone under legislation is deemed to be intentionally homeless, there is no point in moving the problem from Point A to Point B because it still remains a problem.

1002.

Scotland has different sorts of tenancies from us. If someone is deemed intentionally homeless or is evicted from his home due to anti-social behaviour, he is given a short-term Scottish tenancy. As part of that tenancy agreement, he must accept counselling to deal with whatever caused him to be intentionally homeless, for example, offending behaviour or debt.

1003.

If he accepts that programme and works appropriately, the tenancy becomes permanent. If the relationship breaks down and the mediation and support do not work, he is still guaranteed temporary accommo­dation. It is vital to recognise that no matter whether people are homeless intentionally, they are still homeless and we have to try to find them somewhere to live. It is also a good idea if, when doing that, we can tackle what caused the problem in the first place.

1004.

Mr McCann: I have another example of someone who was regarded as intentionally homeless. A few years ago we worked with a woman who had a child with mental health problems. She was asked to leave the house by the social services for the good of the child, because her behaviour was so disruptive. Her husband looked after the child, and the woman was regarded by the Housing Executive as intentionally homeless in spite of what had happened. She slept rough on the streets or stayed in hostels. She became a bag lady, and her mental health deteriorated rapidly.

1005.

The mental health services said that she did not have a mental health problem but a personality disorder, and after years of working with her, psychiatrists changed the diagnosis and began treatment. She was in hospital for six months, and when she left she was totally changed. Six months later she got her life back together and was able to return home, and she has been there now for three years. That was not a miraculous intervention - that was good work on the parts of people whose job it was to help her, and without it she would still be on the streets of Belfast where everybody would know her and say that she was quietly mad.

1006.

Mr O'Connor: You say that Scotland has an overall strategy. In considering such a strategy for us, why do you believe that the Department for Social Development (DSD) is the right Department to take on that role when you said that you want the Housing Executive to develop the strategy? Surely the Department of Health, Social Services and Public Safety, the Department of Education and the Department for Employment and Learning should all have a role to play?

1007.

You referred to my area of Glenarm and Larne and said that of 232 people who presented as homeless, 31% were granted full duty applicant status. There are over 300 voids in Larne, so there should not be a homelessness problem because there are more houses available than we can allocate to people. Given our special circumstances in Northern Ireland, how do we deal with people who do not want to live in a particular estate because one or other section of the community dominates it? This is costing the Housing Executive money, because 600 people are getting housing benefit through private landlords there.

1008.

Your submission discussed housing benefit and the fact that single people under 25 are only allowed a bedroom in shared accommodation. Is that not contrary to Section 75 of the Northern Ireland Act under which public authorities must not discriminate on the grounds of age? Can anything be done to bring that strategy into line with the legislation to prevent discrimination? For example, a mentally-ill person has a disability and should not be discriminated against on the grounds of that disability. Who leads and drives the strategy?

1009.

Ms Rowledge: The Housing Executive works to the DSD and under that Department's auspices produces the whole homelessness strategy, so while we want the Committee for Social Development to have an input into the legislation, DSD will have overall responsibility for its outworking. The Housing Executive has produced a homelessness strategy because it is the agency with statutory responsibility. It is an excellent strategy, but it will never work unless the other agencies and Departments that have, or should have, something to do with homelessness, sing from the same hymn sheet and are equally committed to it. The Housing Executive cannot drive it forward alone.

1010.

People in Scotland established a task force which almost stood as a separate Government entity. It had the right people on board - representatives from all the government agencies, whether from employment, health, social services or housing and statutory providers. When the homelessness strategy was produced, they all worked together, and everyone played his part and recognised his responsibility for part of the strategy. Do you follow my argument?

1011.

Mr O'Connor: Yes. Do you think anything can be developed through new TSN or the health action zone?

1012.

Ms Rowledge: Health is a notoriously difficult area - we could talk forever about homelessness and health, but it is not a priority in the Health Service. Even access to GPs is difficult for the homeless; they are stigmatised and do not get their citizenship rights from in the Health Service. We have been pressing, along with many of our members, for homelessness to be recognised as a priority under New TSN. That would be a start, an interdepartmental holistic focus on the problem, and we would press for that. That might be the starting point in Northern Ireland.

1013.

I cannot answer Mr O'Connor's question about vacant houses in his area, particularly Larne, where fewer people present as homeless than there are vacant houses. That is dependent on the wider political climate. There must be changes in how society views itself. However, if we are looking at that with housing and communities, that is the way forward.

1014.

Mr O'Connor: Your submission refers to the regulation of private landlords. The Housing Executive has 300 empty properties. Should, or could, housing benefit be paid only to a private landlord when other suitable accommodation was not available?

1015.

Ms Rowledge: That is a very sensible idea, but it would be very difficult to put into practice. People do not want to live in certain areas because they are afraid of intimidation, and they cannot be penalised or told that they cannot stay in privately-rented accommodation because there are vacant social properties for which it would be better to pay housing benefit.

1016.

Mr McCann: There are examples of good practice elsewhere, in Scotland, England and Wales, for instance, and a range of ideas for community safety and estate management that we can use. The Housing Executive has been creative in bringing in concierges, doing up flats, improving security and having independent areas that are closed off to residents only. A range of creative ideas can be looked at, if the money and the will are there.

1017.

Mr ONeill: Which Departments and what issues would you like to see targeted by the interdepartmental working group? You press the case dealing with 16- to 17-year-olds leaving care. Have you examined the Children (Leaving Care) Bill and what are you views on it? The presentation referred to specialist services for those with multiple needs. Can you expand on that? Did a death last week highlight the need for specialist services? Your submission also referred to the significant level of latent demand for rural housing that remains unidentified and unresolved, but you did not suggest how that should be tackled.

1018.

Ms Toman: The interdepartmental approach should include Health, Education, Employment and Learning and Social Development. All those Departments could have an impact on the lives of homeless people. We have talked about homeless action zones, which could mirror the health action zones and address the problem by combining homelessness with work on anti-social behaviour. That would be better than what is proposed in the Housing Bill, which is simply to streamline eviction. An interdepartmental approach would tackle homelessness, anti-social behaviour and resettlement and look at employability, education and health provision.

1019.

To address the identification of latent need and demand for rural housing, we proposed that the Housing Executive should establish outreach offices to deal with housing allocation and other issues relating to housing and homelessness.

1020.

Ms Rowledge: We have been commissioned by the Housing Executive to research the problem of access to rural housing. As an umbrella organisation, we will draw together a steering group of people who work on temporary accommodation in rural areas and the rural community network. Research has to be the starting point, because we know so little. We want to discover the extent of need, locate the gaps in services and make recommendations for addressing them. That research will begin this year, and we will keep everybody informed of its progress.

1021.

Mr ONeill: There are several rural housing problems to be addressed There is the matter of pride. Even people who suffer homelessness, and particularly older people, still have their pride: they do not want to let themselves down by going to a homelessness unit or housing officer. Then there are others in isolated areas with homelessness in their families that is hard to identify. I met someone living over a cattle shed with a mattress who did not see himself as homeless.

1022.

Ms Rowledge: Some of the research will be quantitative, but much will be qualitative. We will be talking to people who often have to travel long distances to temporary accommodation because of pride or because nothing else is available. We will talk about their experiences and then, perhaps, extrapolate how many are in that situation. We may never be able to tie it down though. I hope we will be able to suggest rural information sources that are less intimidating or damaging to one's pride. For example, a Citizen's Advice Bureau or the local clergy have that information. The research has not been done yet, but we will look closely at those points.

1023.

Ms Toman: I shall give an example of good practice in a rural area. I grew up in Lurgan. If someone became homeless, he was referred to Aldervale flats in Craigavon. That was not necessarily the best place to go for someone in that situation, because there was no support and it was not a particularly nice area. In recent years, a Foyer development called Mount Zion House has been available. It is located in an old convent, and people had already been using its services. People have told me that it has changed how housing and homelessness are dealt with and the community's perceptions about homeless people. That is an example of a good service.

1024.

Ms Rowledge: On the new leaving and after care Bill, the proof of the pudding will be in the eating. We were all enthusiastic about the Children Act 1995 thinking that it would give more protection to young people leaving care, who would remain in the system for longer. The Act has not been very successful, and social workers have found it difficult to manage its provisions.

1025.

Young people leaving the system who become homeless are still bouncing - as we warned that they would - between the Housing Executive and the social services. It is even more difficult for those who have not been through the care system who end up homeless. The proposal in the new Bill about key workers is encouraging. However, social workers are concerned that much of their focus will be moved from social work interventions into managing money, because they will become responsible for the budget.

1026.

The current system is failing young people. I met a gentleman this morning who runs bed-and-breakfast accommodation in north Belfast, where all the residents are young people of 15, 16 and 17 years of age who have been referred to him by the social services. He has no qualified staff. He has a great heart, but his staff have not gone through a pre-employment consultancy service (PECS) or police check because he did not know that that had to be done.

1027.

The social services 'phoned him last week about a young girl who is nearly sixteen and has been staying in the bed-and-breakfast accommodation for three months. The social services said that the money they are paying will stop on the girl's birthday and that she should go to the Housing Executive, which said that it was not responsible for her. She is back in the bed-and-breakfast accommodation. That is very common. It is not heard about and is another reason for having an interdepartmental group. There must be commitmentfrom us all to work together and deal particularly with that age group.

1028.

I do not know how the Bill will work. It is highly principled. Educating young people for independent living much earlier is excellent, but that is already happening. Foyle Trust's leaving and aftercare team has an amazing system that could be a shining example to the rest of Northern Ireland, so it has always been possible. Irrespective of the legislation, there must be good practice. Legislation and policy can be changed, but practice must also be changed.

1029.

Mr McCann: The Council for the Homeless put together a working group in 1994 that looked at mental health, addiction and other complex needs. The group comprised the two Belfast trusts, the Housing Executive and Extern. The Council for the Homeless co-ordinated the group for two years, and then the social services had to be convinced of the needs of homeless people. There were problems with getting access to GPs, psychiatric nurses and psychiatrists. Nobody would touch that client group then.

1030.

After two years, the working group raised some money and did some independent research through the health and healthcare research unit 'Don't look away'. It was published in 1996 and made a series of recom­mendations one of which was for the homeless support team, which was set up in 1998 as a year-long pilot scheme. It showed that about 200 people a year need specialist support in Belfast alone. After a year, it was regarded as extremely successful. It is now permanently funded and has been operational since. It is part of the voluntary sector because of the stigma that people feel about going to the statutory services with mental health, homelessness and addiction problems.

1031.

The team comprises two social workers, a nurse and an addiction worker. I manage it, and it liases with all the hostels and psychiatric hospitals in Belfast and any other organisation that is required. There is also an outreach service. The team is aware of John, who was mentioned earlier, and others. We try to intervene at various levels. Since then, psychiatrists, social services and other organisations take referrals from the homeless support team and offer mainstream services to that group, which was excluded for a long time.

1032.

It was good practice to use that specialist model when working with people with difficulties. One of the recommendations of the homelessness review was that that model be developed throughout Northern Ireland, and we are considering that. The review also referred to a need for support services. Creative solutions are needed to deal with multi-complex needs, and support systems must be put in place for accommodation and support services.

1033.

Ms Rowledge: We must be realistic - sometimes people go so far down the line that it is difficult to offer them any kind of help. One must take other residents and staff into consideration. To deal with a problem, we try to ensure as many intervention services as possible. Unfortunately, we sometimes find that there are people who none of us can help.

1034.

Mr ONeill: Overall, the number of people beyond help is not huge. What type of service could be put in place to cope with the changing, complex and varied problems of homelessness, and how could it best be organised? Is the Council for the Homeless best placed to lead such a service, or the Housing Executive? Is a leading force required to tackle homelessness?

1035.

Mr McCann: With regard to management, the voluntary sector is best placed to take the lead. However, an inter-agency approach involving the social services, the Housing Executive and others is needed to develop a homeless support team, and that can happen only when all the boards in Northern Ireland accept that they have responsibility for this and add it to their priorities.

1036.

Ms Rowledge: The Council for the Homeless was successful in its efforts to take the lead in this, but we also depended on having someone in the steering group with sufficient clout in the health trusts to smooth our path, help build relationships, deal with problems and ensure that the trusts encouraged social workers and psychiatrists to liaise with the voluntary sector.

1037.

Mr McCann: Initially, psychiatrists thought that they would be inundated with calls from homeless people. In the past three years, the teams have worked with 800 people in the Belfast system alone. Psychiatrists have not been swamped by any means. The team and other services pick up the work, with the support of psychiatrists and GPs to prevent clients from reaching the acute stage. Early intervention saves a lot of money.

1038.

The Chairperson: Thank you very much.

LIST OF WITNESSES WHO GAVE ORAL EVIDENCE
TO THE COMMITTEE

  Children's Law Centre

North & West Belfast Health and Social Services Trust/ Emergency Out of Hours Service

NIACRO

Chartered Institute of Housing, Northern Ireland

Shelter, Northern Ireland

Homefirst Community Trust, Antrim

Craigavon and Banbridge Community Health and Social Services Trust

Northern Ireland Housing Executive

Northern Ireland Federation of Housing Associations

Simon Community, Northern Ireland

Housing Rights Service

Paddy McGettigan, Open Door Housing Strabane

Council for the Homeless, Northern Ireland

GLOSSARY

CHNI Council for the Homeless Northern Ireland

CIH Chartered Institute of Housing

DETR Department of Environment, Transport and the Regions

DHSS Department of Health and Social Security

DOE Department of the Environment

DSD Department for Social Development

DTLR Department of Transport, Local Government and the Regions

FDA Full Duty Applicants

HB Housing Benefit

NIACRO Northern Ireland Association for the Care and Resettlement of Offenders

NIFHA Northern Ireland Federation of Housing Associations

NIHE Northern Ireland Housing Executive also referred to in this Report as the 'Executive'

PBNI Probation Board Northern Ireland

PSNI Police Service Northern Ireland

RSL Registered Social Landlords

SNMA Special Needs Management Allowance

YPP Young Persons Project

Household is deemed to be an individual, a number of family members or a family which presents as homeless

Overcrowded is considered, for the purposes of this Report to mean "a house occupied by two, or more, families"

Priority Need is considered, for the purposes of this Report to be the definition contained in Housing (Northern Ireland) Order 1998 Part 2 Article 5 (1)

 

Volume 2

SECOND REPORT ON THE INQUIRY 
INTO HOUSING IN NORTHERN IRELAND 
(HOMELESSNESS)

SESSION 2001/2002 THIRD REPORT

Ordered by The Committee for Social Development to be printed on 6 June 2002
Report: 3/01/R (Committee for Social Development)

COMMITTEE FOR SOCIAL DEVELOPMENT

VOLUME 2 – WRITTEN SUBMISSIONS RELATING TO THE REPORT

COMMITTEE FOR SOCIAL DEVELOPMENT

1. The Committee for Social Development is a Statutory Committee of the Northern Ireland Assembly, established in accordance with paragraphs 8 and 9 of Strand One of the Belfast Agreement and under Assembly Standing Order No 46.

2. The Committee has a scrutiny, policy development and consultation role with respect to the Department for Social Development and has a role in the initiation of legislation.

3. The Committee has power:

  • to consider and advise on Departmental budgets and Annual Plans in the context of the overall budget allocation;
  • to approve relevant secondary legislation and take the Committee Stage of relevant primary legislation;
  • to call for persons and papers;
  • to initiate inquiries and make reports
  • to consider and advise on matters brought to the Committee by the Minister for Social Development.

4. The Committee was established on 29 November 1999 with 11 members including a Chairperson and Deputy Chairperson and a quorum of 5. The membership of the Committee is as follows-

  • Mr F Cobain (Chairman)
  • Mr G Kelly (Deputy Chairperson)*
  • Sir John Gorman
  • Mr T Hamilton (replaced Mr McClarty with effect from 6 February 2001)
  • Mr B Hutchinson
  • Ms M Gildernew
  • Mr D O’Connor
  • Mr E ONeill
  • Mr M Robinson
  • Mr J Tierney
  • Mr S Wilson

5. All correspondence should be addressed to the Clerk to the Committee for Social Development, Room 419 Parliament Buildings, Stormont, Belfast BT4 3XX.

* Mr G Kelly replaced Ms M Gildernew as Deputy Chairperson with effect from 8 April 2002.

TABLE OF CONTENTS

Volume two

Written Submissions

Written Submissions relating to the Report

Northern Ireland Housing Executive
Housing Rights Service – Submission 1
Children’s Law Centre
Armagh and Dungannon Health and Social Services Trust
Craigavon and Banbridge Community Health and Social Services Trust/Young Persons Project
Shelter NI
Northern Ireland Federation of Housing Associations
Ballymena Borough Council
North and West Belfast Health and Social Services Trust/Emergency Out of Hours Service
Simon Community, Northern Ireland
Chartered Institute of Housing in Northern Ireland
Law Centre, Northern Ireland
Homefirst Community Trust
Causeway Health and Social Services Trust
Disability Action
Housing Rights Service – Submission 2
NIACRO
Council for the Homeless (Northern Ireland)
Carrickfergus Borough Council
Newry and Mourne District Council

List of Written Submissions relating to the Report

Glossary

Written Submissions

Written Submissions

WRITTEN SUBMISSION BY:
northern ireland housing executive

28 September 2001

SOCIAL DEVELOPMENT COMMITTEE INQUIRY INTO HOMELESSNESS IN NORTHERN IRELAND

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:

Capital Costs

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.

Revenue Costs

The range of revenue costs are presented:-

Revenue Funding/Costs

Housing Benefit (NIHE)*1

£5.6m

Hostel Management (NIHE)

£0.4m

Special Needs Management Allowance (DSD)*2

£6.0m

Other Statutory Agencies Funding*3

-

Revenue Grants to voluntary sector (NIHE)

£1.0m

Charitable Donations/Fund Raising

-

Top-up payments for individuals (NIHE)

£1.5m

Administration (NIHE)

£2.5m

Taxi/Furniture Storage (NIHE)

£0.5m

   

*1 Estimate based on average cost of, and average length of time spent in temporary accommodation.
*2 This includes SNMA for all forms of supported accommodation.
*3 Other forms of financial support vary year by year and in total are estimated at around £600K.

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:

Assessment of Hostel Residents

£80k

Tenancy Support Schemes (annual)

£600k

Reserve Pool of Exceptional Need Accommodation

£800k

Furniture Storage (annual)

£10k

After House (annual)

£75k

Enforcing, meeting new standards (annual)

£250k

Support for Voluntary Sector Services (annual)

£2.15k

Total Cost of Recommendations

£12.95m

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

CONSULTATION ON PROPOSALS FOR A NATIONAL HOMELESSNESS STRATEGY:
ANALYSIS OF RESPONSES

1. Introduction

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. Summary

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.

SUMMARY ISSUES AND RECOMMENDATIONS

Issue

Recommendation

Expected Outcome

Strategy/Planning

Strategic policies on homelessness are subsumed in broader agendas

Adopt a comprehensive statement of strategic objectives and intent

set a coherent strategic direction for development of services over next 5 years

Ensure homelessness policy complies with equality legislation

Carry out equality impact assessment (a draft assessment to accompany report)

compliance with equality legislation

Understanding the nature of homelessness in Rural areas

Carry out specific research into nature and extent of Rural homelessness

development of a more responsive service for Rural areas

Need to meet permanent re-housing targets for homeless

Seek agreement to:-

  • removal of land cost constraints in areas of acute homelessness
  • use a special acquisition programme to address homeless with special needs
  • provide an additional 180 units of supported accommodation

Resource a multi-disciplinary team to assess accommodation/care needs of existing hostel residents

Match needs of those assessed with new supply of supported units

performance on permanent rehousing will improve

better targeting of individual needs to supply

wider range of accommodation available

Cycle of homelessness

Introduce an ongoing assessment process for new hostel residents

better understanding of reasons/level of repeat homelessness

Needs of different client groups

Families/Single Parents

  • Publish joint research (with Western Health & Social Services Board)
  • Change location/distribution of temporary accommodation units
  • Introduce a tenancy support scheme for teenage mothers

help develop a more responsive service

address problem of isolation

reduce level of repeat homeless

 

Families/Domestic Violence

  • Assist Women's Aid to carry out a fundamental review of the need for refuges and the services they provide
  • Introduce a tenancy support scheme for victims of domestic violence
  • Re-train staff on dealing with victims of domestic violence

better use of available resources; updated services

ensure rehousing/other needs are being satisfactorily met

provide more sensitive service

 

Young People Leaving Care/Home

  • Formalise protocols with Health and Social Services Boards/Trust
  • Publish joint research
    (with Simon Community)
  • Encourage the development of wider housing options including the supported lodging scheme

clarify roles, responsibilities and methods of joint working

help develop a more responsive service

better meet the needs of individuals

Prepare individuals better for independent living

 

People with Mental Illness/Addiction Problems

  • Evaluate the Belfast Homeless Support Team with a view to expanding such services throughout Northern Ireland
  • Introduce a Tenancy Support Service
  • Develop move-on accommodation (as part of supported housing programme)

Ensure assistance with health needs is available

Reduce the level of repeat homeless

Reduce silting-up of temporary accommodation

Provision of more appropriate accommodation.

 

Physical Well Being/Physical Disabilities

  • Promote good practice developed by N/W Belfast Health & Social Services Trust

Expansion of good health service practices

 

Rough Sleepers

  • Complete evaluation of 'outreach' services in Belfast
  • Develop move-on accommodation (as part of supported housing programme)

Inform the development of the service

Reduce level of repeat homelessness

Provision of more appropriate accommodation

 

People Leaving the Criminal Justice System

  • Contribute to Probation Board for Northern Ireland Accommodation Strategy

Improve methods of joint working

Development of appropriate accommodation

 

Sex Offenders

  • Assist in the development of strategy for suitable accommodation
  • Introduce a reserve pool of "exceptional need" accommodation

Produce a coherent and consistent approach to meeting needs

Immediate response to emergency situations

Temporary Accommodation

  • silting up
  • reliance on B&B
  • isolation

Temporary Accommodation

  • Programme and deliver an additional 250 units of temporary accommodation comprising hostels and private lets

Reduction in use of B&B (by 50%)

More local service/less isolation

Services

Reception

  • disabled access
  • awareness of service
  • Implement modifications to offices (where practical)
  • Develop better "sign posting" system

Improve access

Ensure service is used by those who need it

Assessment/Enquiries

  • assessing persons placed in temporary accommodation by other than NIHE
  • consistency in decision making
  • Expand role of Housing Support Officers
  • Comprehensive training programme for "assessors"

Ensure needs of all homeless persons are assessed

Ensure consistency in decision making

Information Advice

  • Performance standards not fully met
  • Assistance (for non-statutory homeless) is patchy

Carry out comprehensive review of information/ advice (including prevention)

Develop 'assistance' package for use throughout Northern Ireland

Meet performance standards

improve types and level of assistance

After Hours

  • Fragmented
  • Complicated

Provide 'one-stop' service through Housing Executive

Ease access to service

Simplify process

Placement

  • Diverse forms of management
  • Manual system
  • Limited standards
  • Diversity of providers
  • Lack of contact

Standardise management system

Introduce computerised booking

Set comprehensive physical/ management standards

Introduce enforcement system

Evaluate costs/benefits of management of Housing Executive hostels by voluntary sector

Carry out visits to residents at least every 3 months

Improve co-ordination

Improve information including exchange with voluntary sector

Ensure only high standard accommodation is used

Strengthen skills, resources and development opportunities for voluntary sector

Appeals

  • Lengthy and confusing

Introduce one-stage appeal system

Faster Service

Furniture Storage

  • Problems during civil unrest
  • Means-testing

Formalise role of community sector during difficult periods of civil unrest

Abandon means-testing

Improve capacity to deliver service

Fairer, less cumbersome service

Managing Services

  • Reliant on manual systems
  • Poor information

Introduce computerised management information/ accounting system

Better management information

Collaboration/Partnership

  • Diversity of providers with different skills, service priorities

Select Strategic partners to deliver

  • Temporary and supported accommodation (with outreach services)
  • Tenancy support services
  • Advocacy services and
  • training/staff development services

Faster, more effective delivery of service

Stronger voluntary sector

Better use of available resources

Evaluation/Reporting

  • Limited level of evaluation
  • Need to report progress from local to Northern Ireland level

Formalise systemic programme of project evaluation

Report Homeless Action Plan in each district Plan

Better use of available resources

Effective monitoring of progress

Resources

  • Additional costs to expand and improve services

Submit (on project by project basis) to Supporting People Programme

Submit strategic requirements for inclusion in Housing Association programme

Identify costs to ensure access to mainstream services

Increase Revenue Investment within existing housing budget

Priority funding

Priority funding

Guide investment requirements

Research, IT and evaluation proposals implemented

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.

Prevention

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.

Inter Agency Partnerships and Protocols

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.

Planning

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.

Service Delivery

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.

Temporary Accommodation

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.

General

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.

Equality Impact Assessment

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

HOMELESSNESS STRATEGY AND SERVICES REVIEW

ANALYSIS OF CONSULTATION RESPONSES

Respondent

Summary Comments

Elected Representatives

Ballymena Borough Council

The Council broadly welcomed the Review and the strategic approach to homelessness. While welcoming the recommendations members expressed concerns about:

  • funding and the ability of the NIHE to deliver,
  • fraudulent applications and community safety.

Ballymoney Borough Council

Acknowledged the recommendations of the Review, no specific comments were raised.

Lisburn Borough Council

The Council broadly welcomed the Review and the strategic approach to homelessness. Individual members raised concerns concerning:

  • the need for speedy assessment and independent Appeal process,
  • the use of B&B accommodation,
  • the fact that "single people" were disadvantaged by current legislation, and
  • the need for more permanent social housing.

Newtownabbey Borough Council

The Council welcomed the Review and the consultation process. In particular the Area Homelessness Action Plans recommended by the Review were welcomed. Members stressed:

the need to link Community Safety into homelessness, and

provide more effective action in relation to disruptive households.

Coleraine Borough Council

Broad welcome given to the Review. Individual members raised concerns about:

  • the dissatisfaction and isolation felt by homeless persons,
  • that more should be done for single persons,
  • the DHSS&PS should have close involvement in homelessness issues,
  • the NIHE should consider using void stock, all of the revenue from house sales should be used to support housing budgets.

Banbridge District Council

The Council broadly welcomed the Review but highlighted:

  • that there is a need for more temporary accommodation in the area,
  • that it is not reasonable for homeless persons to jump ahead of normal waiting list applicants, and
  • that new tenants need to be monitored to ensure community safety.

The Housing Council

The Housing Council warmly welcomed the Review and raised a number of particular issues as follows:

  • Matching temporary accommodation and move-on accommodation to ongoing needs assessment was welcomed so as to provide a continuum of support.
  • Temporary accommodation should be locally available and planned on the basis of local needs and should include appropriate support.
  • Information sharing between agencies and risk management should be linked to "exceptional need pool" of accommodation for difficult to place homeless persons.
  • Members felt that new build temporary accommodation should be pursued as an alternative to B&Bs. The use of private sector could lead to profit at the expense of proper provision by landlords and that such options should be fully evaluated.
  • Members welcomed the review of the after hours service.
  • Standards in temporary accommodation should be monitored and maintained.
  • Members stressed the need for consistency of approach in partnership working and the need for "equal commitment" from partner agencies to any proposed action.
  • Members welcomed the formalisation of planning in Homelessness Action Plans and stressed that users should be involved.
  • Concern was expressed about the future funding and asked that satisfactory funding is made available.
  • Other issues included - the NIHE should be allowed to retain excess capital receipts from House Sales that the NIHE should ensure no abuse of homeless legislation and while acknowledging that they may not always be suitable, the use of void properties should be examined.


Health & Social Services

Community Nursing Service N&W Belfast HSST

A response was received which highlighted the following:

  • More detail on implementation and associated funding is required
  • Greater involvement of users
  • More emphasis required on prevention and on permanent housing

Armagh & Dungannon HSST

The Trust welcomed the Review and made the following comments:

  • Queried the operation of the Common Selection Scheme awarding sufficient points for needs
  • A need for ongoing research into domestic violence
  • Welcomed joint working for young people leaving care
  • No mention in Review of those with learning difficulties
  • The need for physical access modifications for disabled needs to be applied to all accommodation not just Offices
  • Out of hours team have found it difficult to place sex offenders therefore a need for appropriate accommodation. The move to provide a one stop service for after hours was welcomed
  • Welcomed the abandonment of means testing for furniture storage

Sperrin Lakeland HSST

Welcomed the Review and made the following comments:

  • There needs to be common assessment criteria and application of such criteria
  • Rural homeless needs consideration
  • Improved management information is needed

Eastern H&SSB

The Board had representation on the Review Steering Group and welcomed the Review and:

  • Welcomed the ongoing move to develop closer joint working particularly interagency and "one stop shops"
  • The need for ongoing user involvement
  • Looked forward to continued involvement in delivering recommendations

Southern H&SSB

Welcomed the Review generally and commented as follows:

  • Welcomed the intention to develop strategic partnerships
  • Supporting people can facilitate joint working
  • Welcomes review of after hours
  • Welcomes the reduction in B&B usage proposed

Northern H&SSB

Welcomed Review and presented a detailed response which raised the following issues:

  • Health Boards need to be forewarned of developments in order to assess its response and to co-ordinate funding horizons
  • This need also to happen at Departmental level e.g. DHSS&PS and DSD
  • The need to maintain and develop communication channels
  • Homelessness needs to be given greater focus within Supporting People structures
  • Improved needs identification between agencies
  • Joint protocols need to be clearly developed particularly around meeting permanent housing targets, meeting the needs of different groups and Assessment arrangements

First Key

First Key is an organisation closely linked to young people and seeks to involve them and organisations which work on their behalf. The group welcomed the Review and presented a detailed submission which formed the basis of the response. In summary this included:

  • The need for building on joint working and involvement of agencies generally and specifically in relation to Care leavers
  • The implications of other legislation - Children Leaving Care Bill, Supporting People - needs further consideration
  • It was suggested that a leaving and aftercare accommodation and support strategy should be developed
  • Specific objectives/targets need to be set out to deliver, monitor and evaluate actions and outcomes
  • Better planning of services and accommodation to meet needs
  • The impact of other policies such as Housing Benefit and single room rate need to be evaluated
  • Need to ensure adequate resources

Criminal Justice

Probation Board N.I.

PBNI recognised the collaborative approach and made comments as follows:

  • Recognised that the NIHE and PBNI objectives were broadly similar
  • Welcomed partnership approach and potential development of one stop shops
  • Queried equality impact assessment and adverse impacts on single homeless offenders
  • Need for consistency in decision making
  • Detail of advice and assistance available is lacking
  • Need for accessible appeals procedure
  • Need for information and advice to those in prison
  • Want wider choice of accommodation to be available for offenders who are homeless
  • Accommodation for offenders is only the responsibility of PBNI in a minority of cases suggests liaison with NIHE to widen accommodation options
  • Welcomes need for agreed protocols for 16/17 year olds and for other client groups
  • Welcomes research on long-term homeless
  • Suggests strong prescription from NIHE Centre in delivery of recommendations

NIACRO

Raised the following issues:

  • There is a need for legislative changes similar to rest of UK particularly 16/17 year olds getting priority
  • Homelessness approaches need to link into Community Safety approaches, advice and assistance, and the support given to those moving into communities
  • Need for procedural changes for prisoners leaving prison
  • The adverse impact of other policies needs to be considered e.g. arrears recovery, anti social behaviour, voids policy
  • Welcomed partnership approach
  • Welcomed review of after hours

Voluntary/Advisory Sector

Rural Development Council

Welcomed the Review particularly the proposed rural research and hope it will identify housing options and preventative approaches.

Cookstown & Western Shores - Rural Support Network

CWSAN highlighted:

  • That prevention is vital in any homeless strategy and that more detail on this aspect is required, as was the role of education
  • Welcomed the development of assistance packages
  • That the new temporary accommodation quoted is not enough
  • Calls for dedicated support and floating support to be linked to temporary accommodation
  • Recommends the development of Foyer schemes
  • Supports collaboration and joint working
  • Stresses need for adequate funding
  • Need for implementation details

Committee on Administration of Justice

In the main welcomed the Review but highlighted issues for the Equality Impact Assessment including:

  • The need for better information and analysis of equality related information
  • That some groups were disproportionately disadvantaged in terms of length of time having to wait on rehousing and also in temporary accommodation
  • The need for targets monitoring and evaluation to be established

Chartered Institute of Housing N.I.

In general, the CIH broadly welcomed the recommendations of the Review and highlighted:

  • the need to conduct 5 yearly reviews of homelessness services, in conjunction with the production of a 5 year strategy
  • welcomed the Housing Executive's commitment to examine rural homelessness and also called for the accessibility of district offices to be investigated in relation to the reluctance of individuals living in rural areas to contact the Housing Executive
  • called for an examination of the impact of the House Sales Policy on social housing stock
  • highlighted the need for further research into the causes of repeat homelessness & research into the feasibility of furnished tenancies as a method of combating repeat homelessness
  • encouraged the NIHE to work closely with other agencies who specialise in working with particular client groups, for example, the Police & Probation Board, in order to promote good practice
  • asked that further consideration be given as to how to tackle youth homelessness
  • welcomed the provision of temporary accommodation units but indicates that additional units, of a reasonable standard, will still be required
  • asked that a Code of Guidance be developed
  • highlighted further work in the area of the prevention of homelessness is required and consideration of a "one-stop shop" for all housing enquiries should be considered
  • welcomed the recommendations in relation to the homeless appeals system and asked that consideration be given to the adoption of a similar system to that currently used in England
  • called for a review of the taxi and furniture storage services offered by the NIHE, in light of the costs accrued by them, specifically in relation to whether any of these costs can be recouped.

N.I. Federation of Housing Associations

In general, the Federation broadly welcomed the recommendations of the Review and highlighted the need for:

  • more emphasis on the prevention of homelessness, including educational initiatives
  • further investigation as to the causes of repeat homelessness.
  • tenancy support services to be offered to all homeless households.
  • an independent appeals system
  • The exploration of the option of "portable discounts" within the House Sales Scheme as a method of generating more relets
  • all the relevant information regarding a homeless applicant to be shared with other social landlords before allocation decisions are made
  • more prominence being given to the contribution which Housing Associations play in addressing homelessness.

Council for the Homeless N.I.

In general the CHNI welcomed the recommendations of the Homelessness Review and submitted the following suggestions:

  • Performance indicators should be monitored by the Department for Social Development
  • An inter-agency group should oversee the implementation of the recommendations
  • A legislative requirement to produce a homeless strategy on a 5 year basis should be made
  • More emphasis should be placed on how the Homeless Strategy fits in with other government strategies, for example, New TSN, Investing in Health, Supporting People etc
  • More explanation as to how the figure of an additional 250 temporary and 180 permanent units required was calculated
  • Review the impact of the Housing Selection on the opportunities for the "timely provision of permanent accommodation"
  • further emphasis is required on the prevention of homelessness
  • More emphasis should be placed on inter agency working, requirement for joint protocols with other agencies
  • More attention required to needs of individual client groups, for example, young people, rough sleepers etc
  • Need an independent appeals system

Housing Rights Service

Housing Rights Service made the following comments in relation to the Homelessness Review:

  • A commitment to reduce the incidences of homelessness in Northern Ireland should be made in the Strategy
  • more emphasis should be placed on the prevention of homelessness
  • consideration should be given to the effect of other housing policies on homelessness, e.g. eviction for rent arrears and anti-social behaviour, housing benefit
  • the strategy should take account of wider government policies
  • user involvement should be an integral part of the strategy and its implementation
  • there should be a commitment in the strategy to explore the viability of initiatives that empower the homeless, with user led projects
  • the production of a regular homeless strategy should be a statutory requirement
  • similar legislation to that in England and Wales should be introduced in Northern Ireland
  • The Strategy should adopt a more comprehensive approach to quantifying those who are homeless, for example it does not consider the level and nature of "hidden homeless", i.e. those individuals who do not present to the NIHE
  • The distinction made between the role of voluntary and statutory sector partners is inappropriate and needs to be addressed
  • The impact of the Right to Buy policy on the availability of affordable housing should be examined
  • Consideration should be given to other housing options to address housing demand, for example private rented housing, co-ownership
  • The strategy considers the needs of certain individual client groups but has not considered the needs of young people or asylum seekers
  • Staff training programmes should address attitudinal issues and communication standards, systems should also be put in place to monitor the quality of information provided to clients
  • The availability of good quality housing advice and advocacy should be promoted, so that those most at risk can be targeted
  • The issue of the lack of contact with applicants after they have been placed in temporary accommodation needs further examination
  • Need an independent appeals process, the structure of the current complaints processes act as a disincentive to someone who wishes to appeal their points award (Homeless Appeals process for FDA points, Complaints process for any other points award)
  • Need to develop more effective working relationships at both a strategic and operational level
  • The homeless Strategy needs to be underpinned by a framework of targets and indicators

N.I. Women's European Platform

The N.I. Women's European Platform welcomed the Strategy, in particular the recognition of the need to ensure services are designed appropriately for a range of client groups. The group also commented that:

  • There needs to be a clear statement as to the aim of the Strategy, so its effectiveness can be measured
  • Further statistical information is needed to provide a more complete picture of homelessness in N.I
  • The Review would have benefited from meeting with groups which have a primary interest in issues which will impact on women
  • Further clarification is required as to how the provision of specific types of accommodation will be improved, for example housing for individuals with a disability

Threshold

Threshold welcomed the opportunity to respond to the recommendations of the Review and highlighted the following issues:

  • Homeless people with mental health problems need access to both specialist support and appropriate, affordable and creative accommodation
  • Threshold welcomed the Strategy's recognition of the importance of strategic partnerships and called for more detail on service development and information sharing between agencies as mechanisms for preventing individuals "falling through the net"
  • Additional emphasis needs to be given to ethnic minorities as a client group (including asylum seekers)

Shelter Northern Ireland

Shelter welcomed the recommendations of the Homelessness Strategy and also called for the following:

  • changes to the current homeless legislation, specifically in the expansion of priority need categories and tighter definition of intentionality
  • the effective addressing of special needs through improvements in housing supply
  • the appeals process to be independent and to be more heavily publicised
  • a duty to e placed on the Housing Executive to draw up a strategy designed to prevent homelessness
  • a review of the impact of the NIHE House Sales Scheme
  • temporary accommodation to be provided by voluntary sector
  • expansion of social new build programme
  • an assessment of the impact of the Common Selection Scheme on homelessness

Association of Independent Advice Centres

The Association agree with the need for a Strategy and agree in principle to the Review document. In particular it was considered that:

  • There was a need for more emphasis on prevention
  • Hidden homeless should be acknowledged and identified
  • HB and debt prevention processes need to be improved to alleviate homelessness
  • wider government initiatives and policy should be incorporated into Review
  • More co-ordination of strategic partnerships
  • Developing greater use of technology to allow better access to services
  • Promotion of quality information and advice
  • Clarification of roles of partners
  • Development of educational initiatives
  • Training should utilise and extend to the voluntary sector
  • Appeals system needs reviewed and could be linked to an overall complaints/appeal procedure for a range of services including Housing applications, HB and Grants

SHAC

SHAC, Tenancy Support Service raised a number of issues:

  • More detail in how recommendations are to be implemented and targeted required
  • A need for a continuum of services for homeless persons is required
  • A need for early intervention and support which is flexible
  • Priority for under 18 year olds should be automatic
  • The single room rate for HB should be removed
  • Homeless persons should be given appropriate allocations of permanent housing
  • Problems with Social Security benefits especially HB needs to be addressed
  • A uniformed approach to information and assistance
  • The needs of non-statutory homeless should be examined and more assistance provided

Open Door

Open Door raised concerns as follows:

  • The NIHE should respond to issues highlighted in the Equality Impact Assessment particularly for young singles and seek to lobby Government to change the law
  • A need for clear and open guidance procedural documentation
  • More of a role for encouraging competition and tendering for services.
  • Clear performance statements
  • A need to link into wider public policy reviews and in different public forums operating elsewhere in the UK

Simon Community

Simon Community welcomed the Review and they provided a detailed view of their perception of the issues. They also expressed interest in participating in developing and implementing the Review recommendations. In summary the comments are outlined below:

  • Involvement in developing and delivering Rural research and initiatives
  • The need for improved management of temporary accommodation
  • Development of preventative and tenancy support work initiatives
  • Developing initiatives and protocols in relation to various client groups to ensure more targeted use of resources
  • Seeking to extend the rent guarantee scheme and other floating support initiatives
  • Welcomed need for training to ensure common approaches to homelessness assessment and policy
  • Partnership working and suggested named individuals in stakeholder agencies
  • Welcome review of after hours service and suggested a role in this area for Simon and the direct access clients
  • Caution against a one state appeal system and suggest a system similar to HB
  • Stress the need for adequate resources

N.I. Tenants Action Project

Gave broad support to the recommendations of the Review and in particular suggested:

  • That high management standards are set and monitored
  • Welcomes closer working between government and other agencies including a role for users and local communities
  • To facilitate closer community involvement the NIHE should develop District Consumer Panels and homelessness

N.I. Women's Aid Federation

Welcomed the review in particular the strategic objective committing the NIHE to working with the voluntary sector as strategic partners. The following issues were highlighted:

  • Sex offenders and child protection should have been dealt with more fully
  • The recommendations on reduced B&B and After Hours were welcomed
  • Standardisation of assessment/approach and development of consistency needs to be clarified
  • Partnership working seen as critical
  • Need to ensure adequate resources

Disability Action

Welcomed the Review and stressed the following:

  • The recently produced Gateways and Gatekeepers research referred to in the Review and Adaptation Review should be more fully incorporated into homelessness services.
  • The definition of homeless should be changed to include those living in "unsuitable" accommodation.
  • In particular homeless at home was seen as an important issue, as was lack of access to temporary accommodation.
  • Management information should be expanded to monitor services for disabled persons.

Individual/Staff Responses

Summary of 8 individual/staff responses

A total of 8 individual, NIHE staff members together with NIHE senior managers responded to the Review. Broadly the issues and comments were similar and are summarised collectively below:

  • It is essential that staff are kept informed of developments in relation to the Reviews implementation, and other NIHE policy areas such as Supporting People
  • The implications of the recommendations will require adequate resourcing including staff, at both District and Area levels
  • Clear policy guidelines on best practice and alternative models of provision are required
  • Staff training is required
  • Areas in planning their Homelessness Action Plans needs to be flexible to respond to local needs
  • There was potential for developing an Area Homeless support function
  • Additional client groups such as travellers and those with learning difficulty could also be considered
  • Selection of partners to provide and manage series needs clarification
  • Also the respective responsibilities of partners needs to be clear
  • The relationship and procedures between various funding budgets e.g. Supporting People, HB and Homelessness funding needs to be clarified and communications regularised and passed down to operational staff
  • Homelessness policy needs to mirror and merge with other statutory and NIHE policies

written submission by:
housing rights service
SUBMISSION 1

6 December 2001

Housing Rights Service is an independent organisation working to prevent homelessness and eradicate poor housing throughout Northern Ireland. We provide a range of practical support services to promote the rights of individuals in housing need and seek to influence policy to achieve decent, safe affordable housing as a basic right for all. Our views are informed from the experiences of our clients, and from consultation, where possible, with our members.

Housing Rights Service welcomes the Inquiry into Homelessness in Northern Ireland, and appreciates the opportunity to contribute to the consultation process.

Further to the announcement last week of the Terms of Reference for the Inquiry, I am enclosing the following documents for your information.

n     Promoting Social Inclusion - Consultation on Future Priorities

n     Draft Programme for Government Consultation

n     Draft Bill of Rights for Northern Ireland Consultation

I would welcome the opportunity to discuss the Homelessness Inquiry and the work of Housing Rights Service with you, should you wish to do so.

 

GRAINIA LONG
Policy Co-ordinator

1.0       context

1.1       Housing Rights Services is an independent organisation working to promote homelessness and eradicate poor housing in Northern Ireland. We provide a range of practical support services to promote the rights of individuals in housing need and seek to influence policy to achieve decent, safe and affordable housing for all.

1.2       One of our core services is the provision of advice, advocacy and representation to people who are experiencing housing problems. Over the last 12 months our advisers have dealt with over 4500 enquiries. Of these, 59% were in relation to homelessness and/or problems in finding suitable accommodation. A significant amount of the organisation's time and resources are therefore dedicated to working with people who are either homeless or threatened with homelessness.

1.3       From this practical experience we recognise that homeless people are one of the most deprived and marginalised groups within Northern Ireland and believe strongly that they should receive priority as part of the Programme for Government. The detail of our response is informed by our experience obtained from advising homeless people on a daily basis and also on feedback from member agencies, many of whom are involved in the provision of frontline services to people who are homeless or in housing need.

2.0       THE PROPOSALS

2.1       In the section entitled 'Making a Difference', the report makes reference to social conditions in Northern Ireland, such as dependence on benefits, our health levels. It is important to note, when referring to influential social conditions that Northern Ireland still has the highest rate of homelessness per head of the population of all the UK regions [1] .

2.2       Housing Rights Service believes that in creating "A Cohesive, Inclusive and Just Society', recognition must be given to the social exclusion experienced by those without a home. This impacts on their ability to participate in society. We believe that positive changes need to be made to ensure that homeless people are given voting rights, to allow them equal opportunities to participate as citizens.

2.3       While we welcome the government's commitment to improve levels of health and education, (sections 1.4 and 1.5) the point must be made of the low levels of educational attainment among homeless people, and that being homeless severely impacts on an individual's health.

2.4       Housing Rights Service agrees that a multi-agency approach to social policy is desirable, to improve that standard of living for all communities (section 1.10). However, we argue that a multi-agency approach must ensure that all stakeholders are viewed as partners in any initiative, and that one stakeholder is not held as having final authority.

2.5       Housing Rights Service identifies homelessness as a priority area for the work identified in sub-priority 1 of 'Growing as a Community' (section 2.3) Promoting equality of opportunity and social inclusion could have a dramatic impact on the lives of homeless people. Housing Rights Service has identified homelessness as a priority area of work for PSI, and believes that this kind of work can go a long way to improving the lives of these people and the stigma that is attached to being homeless in Northern Ireland today.

2.6       Housing Rights Service believes that the present policies of the government have served to widen the gap between those who live in the social rented sector and those who live in the owner-occupied sector. 64% of households in NIHE properties in 2000 had a gross income of less than £7,300 per annum [2] . This deviation urgently needs to be addressed in sub-priority 5 of 'Growing as a Community' (section 2.7). We also continue our call to see homelessness given priority status for the work of New TSN.

2.7       Sub-priority of 'Growing as a Community' is of particular relevance to the work of Housing Rights Service. While we welcome the commitments outlined in the first sentence, there are a number of comments which need to be made.

n     There is no reference made to any plans to prevent homelessness. There is a major discrepancy on the part of the government. We are also disappointed at the narrow view of homelessness which is taken in the report. There are many different kinds of homelessness, and the report does not refer to these or offer any suggestions as to their prevention. Housing Rights Service calls on the government to place a statutory duty on the Housing Executive to produce a strategy to prevent and alleviate homelessness.

n     HRS believes that any strategy for preventing and alleviating homelessness should seek to be inclusive and that to focus only on those who people who comply with the full statutory definition (ie homeless, in priority need and not intentionally homeless) is too restrictive. This excludes consideration of the needs of many vulnerable people who are without a home, under threat of losing their home or are living in totally unsuitable or unreasonable circumstances.

3.0       NEW LEGISLATION

3.1       Housing Rights Service points to the significant legislative developments which have taken place in Scotland and England, which will improve and protect the rights of homeless people. Northern Ireland has seen no change to its legislation regarding homelessness since 1988, and Housing Rights Service believes there is an onus on the government to update the new legislation. There are no assurances as yet that the forthcoming housing legislation will contain any provisions to improve the lives of homeless people. Housing Rights Service calls on the government to bring forward proposals for developing legislation to protect the rights of the increasing number of homeless people in Northern Ireland.

4.0       FINANCE

4.1       The Housing Executive are currently consulting on their 'Homelessness Strategy and Services Review'. Housing Rights Service believes that the document represents the beginning of a valuable process which may help to improve the lives of homeless people. However, there has of yet been no assurances as to financing such a strategy. When asked about this in the Assembly, the then Minister for Social Development, Maurice Morrow, would not give assurances that financial backing would be given by the government to this strategy. Housing Rights Service believes that improvements to Housing Executive Strategy on providing for the homeless cannot be achieved without significant political and financial backing.

4.2       Housing Rights Service also believes that insignificant recognition has been given to the importance of preventing homelessness through advice and education initiatives, and provision of support to vulnerable people. Continued success of these depends on financial assistance. Housing Rights Service calls for investment in these services to ensure they are available for those who need them.

PROMOTING SOCIAL INCLUSION - CONSULTATION ON FUTURE PRIORITIES

1.0       CONTEXT

1.1       Housing Rights Service is an independent organisation working to promote homelessness and eradicate poor housing in Northern Ireland. We provide a range of practical support services to promote the rights of individuals in housing need and seek to influence policy to achieve decent, safe and affordable housing for all.

1.2       One of our core services is the provision of advice, advocacy and representation to people who are experiencing housing problems. Over the last 12 months our advisers have dealt with over 4500 enquiries. Of these, 59% were in relation to homelessness and/or problems in finding suitable accommodation. A significant amount of the organisation's time and resources are therefore dedicated to working with people who are either homeless or threatened with homelessness.

1.3       From this practical experience we recognise that homeless people are one of the most deprived and marginalised groups within Northern Ireland and believe strongly that they should receive priority as a PSI group under the New TSN programme. The detail of our response is informed by our experience obtained from advising homeless people on a daily basis and also on feedback from member agencies, many of whom are involved in the provision of frontline services to people who are homeless or in housing need.

2.0       THE SCALE OF THE PROBLEM

2.1       HRS believes that a degree of complacency exists about the extent of the homeless problem within Northern Ireland. There is a view that because there is not a highly visible population of homeless people on our streets, homelessness is not a serious issue in Northern Ireland.

2.2       Official statistics confirm however that during the period April 2000 - March 2001 a total of 12,694 households presented as homeless to the Northern Ireland Housing Executive. They illustrate also that homelessness is not just an urban problem confined to our two major cities but is being experienced within all towns throughout Northern Ireland and in their rural hinterlands. Its is important to remember that this figure does not include people who were homeless but did not approach the Housing Executive for help and also that each household can contain a number of dependents (often children). The actual number of individuals suffering from the trauma of being homeless during this period was therefore much higher than the official figure.

2.3       Northern Ireland Housing Executive Statistics show the ratio of homeless presenters within Northern Ireland as higher than in England or Scotland. [3]

2.4       It is also worth noting that the 2000/2001 statistics represent a 26% increase on the figures for 1991/1992 (10,081) and demonstrate clearly that the government's approach over the past decade has failed to adequately address the problem of homelessness within Northern Ireland.

3.0       WHAT DO WE MEAN BY "HOMELESS"?

3.1       There is a wide range of definitions, (including a statutory one) of the term "homeless".

3.2       HRS believes that any strategy for tackling social exclusion should seek to be inclusive and that to focus only on those who people who comply with the full statutory definition (ie homeless, in priority need and not intentionally homeless) is too restrictive. This excludes consideration of the needs of many vulnerable people who are without a home, under threat of losing their home or are living in totally unsuitable or unreasonable circumstances.

3.3       Consequently it is important, in this response, to explicitly state those people we consider should be targeted as a PSI group. It is our view that the term should include rough sleepers; those who are placed in temporary accommodation such as night shelters, hostels, B&B awaiting re-housing; and anyone else who does not have access to a safe and secure home, suited to their needs (ie who could be considered as "actually" or "deemed" homeless).

4.0       WHY HOMELESS PEOPLE SHOULD BE A PRIORITY PSI GROUP

4.1       Being without a home prevents people accessing their basic human rights. Whilst there is no stated right to a home contained within the Human Rights Act 1998, it is clear that having a home is closely linked to a person's ability to access other rights which are protected by the legislation, in particular the right to respect for private and family life. It is our experience that as a direct consequence of the circumstances in which they are forced to live, people who are homeless are often denied these basic human rights.

4.2       Having a home is about more than meeting a physical need for shelter; for many people it meets important social and psychological needs and provides the stability and security to enable them to realise their potential and participate equally in society.

4.3       The Government has defined social exclusion as:

'a shorthand term for what can happen when people or areas suffer from a combination of linked problems such as unemployment, poor skills, low incomes, poor housing, high crime, bad health and family breakdown' [4] .

In their recent Green Paper on housing the Scottish Office refers to homelessness as "being amongst the most serious forms of social exclusion". [5]

This view is supported by our own experience as this description of multiple disadvantage accords closely with the lives of those homeless people who use our service. Inevitably their homelessness is linked with problems in other areas of their life such as ill health, limited educational attainment, unemployment etc. In practice it is often difficult to distinguish the cause and the effect, however what is clear is the underlying issue is one of poverty and the impact is one of isolation from mainstream society. More detailed consideration of the types of disadvantage experienced by homeless people and examples of particular issues that have arisen for our clients is contained below.

4.3.1    Health

The close links which exist between housing and health has been acknowledged since the 19th Century. In their 1993 document, "Health for All", the World Health Organisation, identified adequate shelter as a prerequisite for good health and official strategy documents regularly identify housing as one of the key factors that affect health [6] . Research studies, conducted over the last 10 years, have consistently concluded that there is a close correlation between the irregular lifestyle and limited access to facilities associated with sleeping rough or living in temporary accommodation and the prevalence of poor physical and mental health. The experience of our clients confirms that being homeless often has a damaging effect on the physical, emotional and psychological well being of the individual/family and one of our member agencies, STEER (a support group for people with mental health problems), has recently reported to us that 46% of their current advocacy work is around housing issues. Particular problems for clients include difficulties in accessing primary health care (eg GPs and community health professionals) and other services such as preventative screening and also being discharged from hospital to inappropriate accommodation. Whilst there are a number of good practice initiatives in health care for the homeless (eg the work of the Belfast Homeless Support Team with homeless people who have mental health problems and the North & West Belfast H&SS Trust project on the physical health of single hostel dwellers) these are not widespread and we are concerned that, despite the long standing recognition of the links and a rhetorical commitment to a joined up approach, there is still little evidence in practice of the needs of homeless people being seriously addressed either in planning or delivery of services.

4.3.2    Education

There is a lack of comprehensive research on the links between homelessness and educational attainment however there is a widely held view that a stable and secure home is a vital element is building an environment for children to learn and develop into fulfilled and motivated adults. From our experience we can confirm that many of our homeless clients do have problems with basic skills such as reading and writing. It is also clear that access to educational opportunity for both them and/or their children is significantly impaired due to their mobility and unsettled lifestyle. In particular schooling can be disrupted if families are placed in temporary accommodation and then subsequently rehoused in another area. This means children have to change schools and cope with upheaval in relation to syllabuses, teachers and classmates. Acute difficulties also exist for young homeless people (ie over 16s)in accessing education and training opportunities.

4.3.3    Employment

Again little academic research has been conducted into the relationship between homelessness and unemploy­ment. In our experience however homeless people do find it difficult to find or sustain employment. Some of the issues identified by our clients are being forced to move to temporary accommodation whilst awaiting permanent rehousing and subsequently losing employment and their lack of a permanent address causing difficulties for potential employers. Being unemployed and dependent on benefits continues the cycle of poverty for homeless people and makes it difficult for them to secure any private solution to their housing situation.

4.4.4.   Access to consumer services

           Homeless people often experience difficulties in accessing basic consumer services. One example, which is a common problem for clients of our service is the inability of homeless people to open a bank account or access credit. This exclusion from banking/financial services presents a range of practical problems, not least the increased risk of assault and robbery.

4.4.5    Active citizenship

Current government policy is to promote the idea of active citizenship and encourage people to contribute to and participate in society. Homeless people are however we believe excluded from most forms of civic involvement. Most starkly their lack of a permanent address excludes them from the democratic voting process and denies them the opportunity to vote. Similarly government emphasis on community development and community involvement fails to recognise that homeless people do not belong to any community and are therefore effectively being excluded from the decision making process. We are aware that because of their transient lifestyle it is more difficult to involve or consult with homeless people and our experience is that consequently their views are not sought and the strategies and services developed are not responsive to their particular needs.

4.5.      The problem of exclusion is, as we have highlighted in the preceding paragraph, particularly acute for homeless people because in our society, delivery of public and often private services is generally determined by where one lives. Many administrative procedures work on the basis of people occupying a permanent address. Inability to provide an address or frequent changes of address make obtaining even basic services such as health care and education extremely difficult and within Northern Ireland homeless people are, as we have stated, still effectively excluded from the democratic voting process.

4.6       Homelessness is an important and escalating problem, which interacts closely with other areas of social need in our society. Because of this we believe the problem requires priority attention and can only be effectively addressed by involving a range of government departments.

4.7       Within Northern Ireland there is not currently a holistic or cross departmental approach to this issue. It is however clearly suited to the cross departmental approach being adopted under the new TSN programme. Identifying homeless people as a target PSI group would we believe not only provide the government with an opportunity to tackle the issue of homelessness but is also a cost effective way to simultaneously address other important social problems.

5.0       RECOMMENDATIONS

5.1       The acute social exclusion of people without a home is formally recognised.

5.2       The issue of homelessness is given priority status under New TSN.

5.3       Government accepts the need for an inclusive approach and adopts a broad definition of the term, recognising the many different kinds of homelessness.

5.4       The significant implications of being homeless on other areas such as health, education and employment are realised and a co-ordinated, cross departmental approach is implemented to address the particular needs of homeless people.

5.5       Current discriminatory practices make it difficult for homeless people to participate in and contribute to society on an equal basis. These should be reviewed to ensure barriers to accessing services and rights are removed.

DRAFT BILL OF RIGHTS FOR NORTHERN IRELAND

1.0       introduction

1.1       Housing Rights Service is an independent organisation working to promote homelessness and eradicate poor housing in Northern Ireland. We provide a range of practical support services to promote the rights of individuals in housing need and seek to influence policy to achieve decent, safe and affordable housing for all.

1.2       We believe that the right to a home is paramount. In 2000-2002, over 12,694 people presented as homeless in Northern Ireland. This constitutes the highest rate of homelessness per head of the population in any region of the UK [7] . From our experience of dealing with people who are homeless or in housing need, we consider that the social exclusion that these people experience, impacts negatively on their health, their education, their access to employment and their ability to participate in society as equal citizens. It is for these reasons that we support a right to housing.

1.3       Housing Rights Service believes that the establishment of a right to housing in the Bill of Rights will give formal recognition of the importance of adequate housing to human existence, and the impact it has on an individual's quality of life.

1.4       Housing Rights Service believes that the social deprivation that is faced by many members of our society is specific to the problems experienced in Northern Ireland in the recent past. It is therefore crucial that a Bill of Rights for Northern Ireland takes into account the special circumstances that all citizens here have experienced, and the particular impact that this has had on our society.

2.0       A BILL OF RIGHTS FOR NORTHERN IRELAND

2.1       Housing Rights Service warmly welcomes a Bill of Rights for Northern Ireland. Through our relationship with our clients we are convinced of the need for greater acknowledgement of rights, and an inbuilt legislative protection.

2.2       Housing Rights Service agrees with the proposals that a Bill of Rights for Northern Ireland should be drafted in general terms and given special constitutional status.

3.0       SHOULD SOCIAL AND ECONOMIC RIGHTS BE INCLUDED IN A BILL OF RIGHTS?

3.1       Housing Rights Service believes strongly that social and economic rights must be included in a Bill of Rights. Societal rights, such as the right to equal access to public services and economic rights, such as the right to an adequate standard of living are inextricably linked with civil and political rights and should be protected for all individuals in Northern Ireland.

3.2       Claims are often made in an attempt to invalidate social and economic rights.

3.2.1    One argument suggests that the cost implications of social and economic rights are substantial, whereas civil and political rights generate few costs. While Housing Rights Service accepts that there are cost implications involved in recognising social and economic rights, we do agree that this argument should be a mitigating factor in leaving such rights out of a Bill of Rights for Northern Ireland.

3.2.2    Another argument centres round the time and resources needed to realise social and economic rights. Housing Rights Service believes that the realisation of all rights requires an investment of resources.

3.2.3    Housing Rights Service does not accept that social and economic rights are inherently vaguely constructed. Develop­ments over time, in particular in academia have proven that these rights can be clear and specific in their realisation.

4.0       THE PROPOSALS

           Section 4: Equality and non-discrimination

4.1       Housing Rights Service emphases that importance of broadening the non-discrimination clause in the Bill of Rights, so that additional focus is given to the development of promoting equality rather than relying on prohibition of discrimination. We also welcome the opportunity to advocate that the Bill provides that positive action is permitted.

4.2       The conflict in Northern Ireland has been a significant contributory factor of housing deprivation, as demonstrated by the high amounts of homelessness and unfit properties in the region. Discriminatory practices in the provision of housing was also a feature of the conflict. It is also worth noting that intimidation is one of the key reasons for people leaving their homes and becoming homeless.

           Section 7: Fair trails in administrative law proceedings

4.3       From the experience of our clients, Housing Rights Service is well aware of the importance of including the right to fair process when challenging a decision of action of a state of public body. We agree with the terms as stated relating to administrative proceedings, ie that they are 'lawful, reasonable, and procedurally fair'.

           Section 14: Social and economic rights

4.4       Housing Rights Service supports the recommendation to insert a general limitations clause for the whole Bill of Rights, and advocates the wording as set out in the proposal document, "Such a general clause would allow a person's rights to be restricted 'to the extent that the limitation is prescribed by law, reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom'".

4.6       Housing Rights Service believes that legal remedies alone will not prevent economic and social exclusion. Legal enforcement of rights will not guarantee that they are protected; rather governments should be pro-active in their treatment of social and economic rights.

           Section 18: Enforcement

4.7       Housing Rights Service does support the proposal to widen powers to grant an appropriate remedy, and to add that any individual with a legitimate interest, may bring proceedings concerning an alleged breach of a provision in the Bill of Rights.

4.8       Housing Rights Service also believes that a duty should be imposed to refer to the high court if legislation is incompatible and believes that it is particularly important to put a mechanism in place to allow the compatibility of any proposed legislation with the Bill of Rights to be tested in courts before the legislation is enacted.

5.0       THE RIGHT TO HOUSING (SECTION 14)

5.1       Housing Rights Service fundamentally believes in the right to housing.

5.2       As stated, the establishment of a right to housing will not immediately solve the problem of social exclusion or social deprivation in Northern Ireland. We believe that the effectiveness of such a right would be reduced if enforcing such a right could only take place on grounds of lack of due process or discrimination. This would therefore exclude any opportunities to argue against maladministration, for example. To ensure full protection of the right, Housing Rights Service believes that there should be provision for a legal remedy for a breach of the substantive right to adequate housing.

5.3       In response to the specific proposals contained in the document on housing we would make the following comment:

n     From the experience of our clients, Housing Rights Service believes that everyone should have the right to adequate housing. In addition, we support the Commission's recommendation of rights to the highest attainable standard.

n     Housing Rights Service believes that point two, 'housing should be appropriate to the material, social and mobility needs of the person', will serve to be restrictive in interpretation. We therefore propose the following wording to be inserted as point two: 'Everyone has the right to appropriate housing, to meet their needs, and the needs of the household'.

n     Housing Rights Service support the entitlement to secure establishment of a home, and making limitations on this entitlement subject to fair legal process.

n     Housing Rights Service believes that recognition should be given to the need for peaceful enjoyment of property, as has been done in the 1998 Human Rights Act (Article 18, Part 2, Protection of Property). We therefore propose the following, 'Everyone is entitled to peaceful enjoyment of their living accommodation'. We believe the inclusion of the above is particularly necessary given the high levels of intimidation that still exist in Northern Ireland. We also believe that this clause will offer additional protection to individuals in relation to respect for private and family life.


 

 

written submission by
children's law centre

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.

LIAM MACKLE
Children's Law Centre

WRITTEN SUBMISSION BY:
ARMAGH AND DUNGANNON HSS TRUST

2 January 2002

homelessness in northern ireland

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.

MR R E HAMILTON
Director Of Social Services

13 December 2001

RE: HOMELESSNESS STRATEGY AND SERVICES REVIEW - FORMAL CONSULTATION

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

written submission by:
supported temporary accommodation for youth

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.

MR TOM McGRATH
Scheme Co-ordinator

SUPPORTED TEMPORARY ACCOMMODATION FOR YOUTH
SUPPORTED LODGINGS SCHEME

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.

How the Scheme Works

 

Scheme Administration

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.

Training/Recruitment of Providers

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.

Funding

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.

Specific Areas of Support

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.

Case A

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.

Evaluation / Outcomes

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.

"This was an interesting presentation on another option for 16+ year olds. The point was well made that this is not an emergency arrangement, as time needs to be taken to ensure the young person knows what they're going into and the provider knows what is expected of them".

Views of Young People

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.

"It was of benefit as at the time I was unable to live at home and had nowhere else."

"Give me somewhere to live plus I was able to get Job Seekers by being there"

"It provided me with a home and excellent support when I was at a time of need. I would like to thank everybody in the scheme. It is a good service for young people."

"At the time I had no-where to live. The supported lodgings was a great help for me when I had no family support. Both families were good to me."

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.

Views of Referrers

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

"Everyone clear about roles"

"Semi independent, well managed".

"Placement was flexible, carers were supportive"

"Perhaps if the young person had been in training and employment, the situation may have been better"

"A brilliant scheme/resource. A willingness to discuss any issues/problems to understand the providers situation in line with the young person's difficulties"

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.

Summary / Conclusion

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:

Mr Tom McGrath,
Young Person's Project,
2 Old Lurgan Road,
Portadown,
BT63 5SQ
Telephone 028 38391155

written submission by:
shelter ni

10 January 2002

1. Introduction

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. Background Comments

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. Conclusions

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. Recommendations

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).

appendix 1

1. Background to Legislation on Homelessness in Northern Ireland

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.

There was a heavy reliance placed on voluntary bodies to deal with homeless people.

This situation arose directly from a lack of statutory housing responsibility for the homeless.

Single people who were homeless received a minimum of priority from statutory bodies.

Some homeless people required support services in addition to housing.

There was an absence of centrally collated information on the numbers of and needs of homeless people.

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:

We argued that the nature and extent of homelessness could not be accurately assessed because the statistics were not available due to the inadequate nature of the systems in place to deal with homelessness.

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 dual approach did not deal adequately with the problem of homelessness and a statutory duty must therefore be placed on the Housing Executive to ensure that homeless people were provided with the necessary help.

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:

There should be a clear definition of homelessness

There should be a statutory obligation to house the homeless

There must be more research carried out to assess the extent and nature of homelessness

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

"The Government proceed to introduce legislation placing a statutory obligation on the Housing Executive to house the homeless; such legislation to be tailored to the specific needs of Northern Ireland"

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

"At present, housing of the homeless is a dual responsibility shared between the Area Health and Social Services Boards and the Housing Executive operating Under a Code of Guidance issued by my two Departments. For some time, however, I have been anxious to ensure that there is a sound statutory basis for dealing with the Province's homeless and I have therefore decided to set in train the preparation of a Housing (Homeless Persons) (Northern Ireland) Order.

Under the new legislation, the Housing Executive will have a statutory duty to assist those who are homeless or threatened with homelessness. In addition other agencies such as the Health and Social Services and Registered Housing Associations will be required to co-operate with the Housing Executive where it requests assistance to carry out its functions under the proposed legislation.

I am convinced that these new proposals will streamline the present system and provide a more effective means of giving support to the homeless."

APPENDIX 2

2. The Housing (Northern Ireland) Order 1988

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.

APPENDIX 3

3. Access to Housing for Homeless People - How the System Works

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.

New Build Completions/Source Northern Ireland Annual Abstract of Statistics

Year

NIHE

HA

Other Public
Agencies

Total
Public

Private
(Subsidy)

Private
(Non Subsidy)

Overall
Total

1971

1972

1973

1974

1975

1976

1977

1978

1979

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992/93

1993/94

1994/95

1995/96

1996/97

1997/98

1998/99

1999/00

9102

7203

5966

5412

4885

6518

7676

5681

3436

2507

2859

2814

4044

3588

3233

2580

1764

1712

1708

1299

953

949

888

878

1362

823

1080

538

190

36

115

129

48

55

-

-

8

220

343

118

369

641

695

611

537

546

715

685

442

791

810

528

503

1041

784

730

960

1092

77

34

10

301

203

16

1

9

71

56

223

218

49

6

2

-

-

3

-

15

2

43

18

-

-

-

-

-

-

9215

7352

6105

5761

5143

6534

7677

5698

3727

2906

3200

3401

4734

4289

3846

6963

2310

8930

2393

1756

1746

1802

1434

1381

2403

1607

1810

1498

1282

4220

4003

4017

3880

3225

2447

2066

2218

2007

1763

1050

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

481

295

435

432

551

601

1017

927

1567

1805

2507

3606

4971

6177

6940

7082

7451

7511

7911

6163

5164

5759

5728

5350

6782

7273

8371

8140

9117

13916

11650

10557

10073

8919

9582

10762

8843

7301

6474

6757

7007

9705

10466

10786

10199

9761

9941

10304

7919

6910

7561

7162

6731

9185

8880

10181

9638

10399

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.

House Sales (Source - Housing Executive Annual Reports)

Year

House Sales

Year

House Sales

Year

House Sales

Year

House Sales

1978/79

0

1984/85

5393

1990/91

4092

1996/97

4487

1979/80

517

1985/86

4103

1991/92

3191

1997/98

4755

1980/81

1994 (26,932
applied to purchase)

1986/87

3184

1992/93

3228

1998/99

4308

1981/82

7042

1987/88

2807

1993/94

3972

1999/00

4482

1982/83

5554

1988/89

3368

1994/95

4693

2000/01

5509

1983/84

5440

1989/90

4638

1995/96

4715

   

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.

Housing Executive Allocations (Source - Housing Executive Annual Reports)

Year

Number

Year

Number

Year

Number

Year

Number

1973/74

-

1980/81

9966

1987/88

10940

1994/95

10455

1974/75

-

1981/82

10621

1988/89

11357

1995/96

11298

1975/76

14169

1982/83

12504

1989/90

11042

1996/97

10164

1976/77

16923

1983/84

13152

1990/91

11632

1997/98

10946

1977/78

18154

1984/85

12452

1991/92

11170

1998/99

10643

1978/79

17011

1985/86

12417

1992/93

10248

1999/00

8588

1979/80

12043

1986/87

11987
(or 11,887)

1993/94

10489

2000/01

7288

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

Urgent need on the Housing Executive Waiting List (Source - NIHE Client Services)

Year

A Group

B Group

Total

March 1990

3395

5818

9213

March 1991

3918

5988

9906

March 1992

3730

6192

9922

March 1993

4350

6140

10490

March 1994

5011

5568

10579

March 1995

5993

5203

11196

March 1996

6206

4942

11148

March 1997

7185

4710

11895

March 1998

7205

4305

11510

March 1999

7600

4078

11678

March 2000

7312

4422

11734

March 2001

   

10366

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.

APPENDIX 4

4. Extent of Homelessness

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.

Homeless Statistics 1989-2001

 

89/90

90/91

91/92

92/93

93/94

94/95

No Presenting

6675

9189

10084

10099

9731

10068

Awarded A1

3110

4408

4159

4061

3971

4014

Homeless but not A1

2056

2811

3335

3488

3245

3320

Total Homeless

5166

7219

7494

7549

7216

7334

Not Homeless

1239

1352

1792

1758

1707

1828

 

95/96

96/97

97/98

98/99

99/00

00/01

No Presenting

10468

11092

11672

11552

10997

12694

Awarded A1

4319

4404

4959

4997

5192

6457

Homeless but not A1

3337

3276

3218

2937

2988

3449

Total Homeless

7656

7680

8177

7934

8180

9906

Not Homeless

1680

1959

2226

2190

2131

2825

APPENDIX 5

5. The Nature of Homelessness

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.

Presenters by Household Source - NIHE

Presenters

2 yrs

91/92

92/93

93/94

94/95

95/96

96/97

97/98

98/99

99/00

00/01

Single Males

16-17 yrs

434

256

262

229

295

282

328

313

332

344

152

18-25 yrs

1409

1006

1102

990

1018

998

1030

993

955

1006

1270

26-59 yrs

2393

1660

1709

1734

1840

1916

2237

2317

2306

2202

2671

Single females

16-17 yrs

689

433

448

449

459

533

515

584

541

480

174

18-25 yrs

1218

800

858

800

824

870

766

811

855

684

1027

26-59 yrs

873

581

541

602

626

658

763

769

799

739

867

Couples

965

628

525

525

483

507

544

546

508

523

651

Families

7141

4277

4233

3999

4022

4473

4461

4781

4718

4541

5170

Pensioner households

687

418

421

403

501

531

448

474

500

478

712

Undefined

60

22

         

84

38

0

0

Notes Prior To 00/01 16-18 Years
19-25 Years Were Recorded
Changed To 16-17 Years And 18-25 Years In 00/01

Corresponding Increase In 18-25 Year Groups

Reasons for Homelessness Source - NIHE

Given Reasons for Homelessness

91/92

92/93

93/94

94/95

95/96

96/97

97/98

98/99

99/00

00/01

Sharing breakdown/family dispute

3527

3467

3424

3523

3656

3685

3638

3472

2946

2

Marital/relationship breakdown

1331

1290

1207

1228

1318

1205

1441

1286

1570

1

Domestic violence

416

459

450

645

708

762

722

768

590

6

Loss of rented accommodation

984

1242

892

1066

1123

1065

1248

1309

1249

1

No accommodation
in N Ireland

1048

1211

1228

1244

1456

1307

1311

1397

1564

1

Intimidation

757

1042

1038

1072

1028

1647

1775

1736

877

1

Accommodation not reasonable

284

304

236

240

262

297

262

245

230

4

Release from hospital/ prison/other institution

366

283

251

202

248

262

255

309

268

3

Fire/flood/other emergency

258

215

230

160

296

220

210

227

141

1

Mortgage default

415

206

147

146

137

136

117

142

179

1

Other reasons

695

380

628

542

536

506

693

661

434

5

*Bomb/Fire/Civil Disturbance

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

59

7

*Neighbour Dispute

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

872

1

Total

10081

10099

9731

10068

10768

11092

11672

11552

10997

1

*New reasons introduced in 1999/00

APPENDIX 6

6. Strengths and Weaknesses of Current Arrangements

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.

APPENDIX 7

7. Background to Homeless Persons Act 1977

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.

The uncertain legal status of the Code of Guidance which allowed local authorities to ignore the Code.

Intentionality was being used by some local authorities as a means to ignore their responsibilities and therefore intentionality should only be applied to cases where applicants had given up accommodation in order to become homeless.

A period in temporary accommodation should not be followed by homelessness

Interim accommodation should be fit.

A local council's duties should only be discharged when the homeless applicant has obtained permanent housing.

Finally there was a need for an effective appeals procedure. (Source - Roof Nov '78.)

APPENDIX 8

8. Legislative Position in England, Scotland and Wales

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.

APPENDIX 9

9. Legislative Context of Homelessness in the Republic of Ireland

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.

written submission by:
the northern ireland federation of
housing associations

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:

"To investigate the extent of homelessness in Northern Ireland, to examine current arrangements in Northern Ireland for dealing with Homelessness, to conduct comparisons with England, Scotland and Wales and the Republic of Ireland, to identify models of good practice and produce a report."

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:

(a) Prevention

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".

(b) Independent Appeals Mechanism

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.

(c) Strategic Approach

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.

(d) Assistance in the Assessment of Homelessness

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.

(e) Information

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

written submission by:
ballymena borough council

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.

Town Clerk and Chief Executive

minute extract - public sector liaison committee meeting - 6 december 2001

HOMELESSNESS STRATEGY AND SERVICES REVIEW - FORMAL CONSULTATION

(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.

Agreed.

written submission by:
north & west belfast hss trust/
emergency out of hours service

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.

details of service

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.

statement of purpose

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.

where and when we operate

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.

The Service operates:

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

How we operate:

  • 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.

How we are contacted:

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

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.

assessment of homeless persons

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 (not vulnerable)

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.

Single Adults (vulnerable)

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.

Families/Parents with Accompanying Children

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.

Finance

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.

homelessness 16-18 years

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.

accommodation used

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.

Number of referrals

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

2001

Over 18

Under 18

September

52

18

October

50

10

November

40

13

December

55

12

shortcomings of the service

  • The Service has no access to information held by NIHE on individual clients. This means that the Service may accommodate persons in unsuitable accommodation due to a lack of information eg violent offender could be placed in B&B where children also are accommodated.
  • The Service has no access to NIHE database re available accommodation. This requires Social Workers to ring around hostels to locate available accommodation, which is a waste of resources.
  • Many hostels will not admit clients out of hours.
  • There is no financial input from the NIHE in relation to the provision of the out-of-hours service for homeless persons.
  • There is no managerial or monitoring input from the NIHE regarding the work undertaken by the Emergency Duty Social Work Service in relation to its Statutory Function.
  • Lack of appropriate accommodation for young persons (16-18 years). As of necessity young persons are being accommodated in Bed & Breakfast establishments and hotels.

suggested improvements

  • 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.

conclusion

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

While I believe that the Emergency Duty Social Work Service offers a high standard of response to homeless persons I feel the above suggestions would enhance the standard of the service provided.

written submission by:
simon community northern ireland

11 January 2002

TERMS OF REFERENCE:

"To investigate the extent of homelessness in Northern Ireland, to examine current arrangements in Northern Ireland for dealing with homelessness, to conduct comparisons with England, Scotland, Wales and the Republic of Ireland, to identify models of good practice, and produce a report."

Extent of homelessness in Northern Ireland

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.

Current Arrangements in Northern Ireland for dealing with homelessness

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.

Causes of Homelessness

Factors

Triggers

Current Arrangements for dealing with homelessness

Structural

Housing Provision

Poverty

Unemployment

Access

Financial crisis

Debts

Prevention

Institutional

Young leaving care

Hospital discharge

Leaving Care

Leaving Care

Housing Focus

Relationship

Abusive relationship

Family breakdown

Neighbourhood dispute

Fleeing violence

Leaving family home

Personal Support

Personal

Mental illness

Drug dependency

Alcohol dependency

Deterioration

Substance misuse

Substance misuse

Resettlement

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:

Strategic Inputs for DSD

 

    • 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.

Operational Issues in Current Arrangements

 

    • 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.

Related Matters

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.

Comparisons with England, Scotland, Wales and the Republic of Ireland, to identify models of good practice

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.

written submission by:
chartered institute of housing (cih) in
northern ireland

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

Social Development Committee - Terms of Reference

"To investigate the extent of Homelessness in Northern Ireland, to examine current arrangements in Northern Ireland for dealing with Homelessness, to conduct comparisons with England, Scotland, Wales and the Republic of Ireland, to identify models of good practice, and produce a report".

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.

INTRODUCTION

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.

ENGLAND

The Homelessness Bill

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.

Proposals

  • 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

Maximising use of available local authority and RSL stock

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.

Choice-based Lettings

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.

Homelessness Strategies

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).

National Housing Strategy

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.

Bed and Breakfast Unit

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.

Rough Sleepers' Unit

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

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.

Housing (Scotland) Act 2001

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:

Homelessness Strategies

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)

Advice on Homelessness

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)

Permanent Accommodation for Homeless People

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)

Temporary Accommodation for Homeless People

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)

Review of Decisions

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)

Duties of Registered Social Landlords

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)

Arbitration in Disputes Between RSLs and Local Authorities

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)

Rights for Hostel Dwellers

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)

Common Housing Registers

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)

Housing Lists

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

Allocation of Housing

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 Housing Strategies

Local Authorities will have duties to carry out an assessment of housing needs and provision in their area and prepare a local housing strategyScottish 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.

Homelessness Task Force

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

Its remit:

'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'.

Funding

  • £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.

WALES

Extension of Priority Need Categories

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.

Funding

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.

Code of Guidance

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 Proposed Amendments to Section 189

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).

Prevention

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.

NORTHERN RELAND

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.

NIHE HOMELESSNESS STRATEGY AND SERVICES REVIEW

Strategic Policies on Homelessness are Subsumed in Broader Agendas

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.

Understanding the Nature of Homelessness in Rural Areas

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.

Need to Meet Permanent Re-housing Targets for Homeless

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.

Cycle of Homelessness

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.

Needs of Different Client Groups

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.

Temporary Accommodation

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.

Assessment/Enquiries

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.)

Information/Advice

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.

After Hours Service

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.

Appeals Procedure

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.

Furniture Storage and Use of Taxis

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

Tel: 02890 778222
Fax: 02890 778333
Email: adele.burgham@cih.org

WRITTEN SUBMISSION BY:
LAW CENTRE (NI)

14 January 2002

COMMITTEE INQUIRY INTO HOMELESSNESS IN NORTHERN IRELAND

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.

LES ALLAMBY
Director

written submission by:
homefirst community trust

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

written submission by
causeway health & social services trust

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

written submission by
disability action

January 2002

introduction

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.

response

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.

written submission by:
housing rights service
SUBMISSION 2

January 2002

EXECUTIVE SUMMARY

Housing Rights Service is pleased that the Social Development Committee has commenced the "homelessness" stage of its Inquiry into Housing, and welcomes the opportunity to contribute to the process. We would however make the following comments.

n     The Terms of Reference adopted are too restrictive. The omission of an examination of the causes of homeless­ness will, we feel, inhibit the value of the inquiry. An effective strategy for preventing and alleviating homelessness cannot be formulated without first examining the causes of homelessness.

n     In April 1999, the Scottish Executive established the Homelessness Task Force for Scotland. The task force has produced two reports, one regarding required changes to homelessness legislation in Scotland (subsequently enacted in the Housing Scotland (2001) Act and a second discussing the impact of the new legislation, and changes to homelessness service provision. The terms of reference for the task Force is:

'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' [1] .

Housing Rights Service believes that the Social Development Committee should have adopted similar Terms of Reference as this would have ensured a more thorough examination of the issue of homelessness, and a more comprehensive final report.

Despite the concern expressed above, Housing Rights Service has responded in this document according to the Terms of Reference set by the Committee. We have commented on the nature and extent of homelessness in Northern Ireland and highlighted the importance of agreeing a comprehensive definition of the term for the purpose of this inquiry. We have examined current arrangements and made recommendations in relation to the legislative position, prevention, and service provision. Finally, we have stressed the need for a partnership approach to tackling homelessness, involving a range of relevant government departments, statutory and voluntary agencies and homeless people themselves.

Recommendations

n     The system for collating of official statistics should be reviewed and improved to more accurately reflect the actual extent of homelessness in Northern Ireland (including the "hidden homeless") (2.4).

n     The Inquiry should adopt an inclusive approach and apply a definition of homelessness that goes beyond the statutory one (3.1- 3.6).

n     The current "Homelessness legislation" should be amended in Northern Ireland to improve protection for homeless people. It should: extend the priority need categories; place a statutory duty on the Housing Executive to produce a strategy for the prevention and alleviation of homelessness; ensure that free housing advice is available to all those who need it; establish a right to independent review and provide a requirement to produce a statutory code of guidance (4.1 -4.8).

n     Consideration should be given to the establishment of a 'housing court' in Northern Ireland (4.7.4).

n     Greater emphasis should be placed on the prevention of homelessness (5.1-5.2).

n     Recognition should be given to the key roles of advice and educational initiatives in preventing homelessness (5.3-5.4).

n     The Housing Executive and other social landlords should urgently review the impact of other housing management policies and housing benefit administration to ensure they are not contributing to the problem of homelessness (5.5 -5.6).

n     In relation to temporary accommodation there is a need to: ensure it is appropriate to the needs of the applicant; reduce the length of stays; minimise the use of bed and breakfast accommodation; improve and regulate physical and management standards and address the sense of isolation experienced by those living there (6.1).

n     The long term solution to the problem of homelessness is ensuring an appropriate supply of decent and affordable housing to meet need. This requires adequate levels of investment in the social rented sector; the provision of a range of supported accommodation; analysis of the impact of House Sales Scheme particularly in areas of housing stress; and examination of the potential for expanding the role of the private rented sector and low cost home ownership schemes (6.2.1-6.2.3).

n     There is an urgent need to review and enhance the support provisions for homeless and formerly homeless people here. The introduction of the "Supporting People Programme" in Northern Ireland will, if adequately funded, present an opportunity to undertake this review (7.3- 7.4).

n     The potential for developing initiatives that empower homeless people such as self help or user led projects should be examined (8.4).

n     The government should make a firm commitment that other policies and programmes will not adversely impact on the levels of homelessness in Northern Ireland (8.5).

n     There should be a legislative requirement for other relevant statutory authorities (particularly social services) to assist in the alleviation of homelessness (8.6).

n     A "Homelessness Task Force", similar to the model used in Scotland should be established for Northern Ireland (8.7).

Should you require additional information or clarification on any of the points contained in our submission please contact:

Janet Hunter
72 North Street
Belfast
BT1 1LD

Tel: 90 245640
FAX: 90 312200
Email: janet@housing-rights.org.uk

1.0       CONTEXT

1.1       Housing Rights Service is an independent organisation working to eradicate homelessness and poor housing in Northern Ireland. We provide a range of practical support services to promote the rights of individuals in housing need and seek to influence policy to achieve decent, safe and affordable housing for all.

1.2       One of our core services is the provision of advice, advocacy and representation to people who are experiencing homelessness or being threatened with homelessness. Over the last 12 months our advisers have dealt with over 5600 enquiries. Of these, 36% were in relation to homelessness and/or problems in finding suitable accommodation. A significant amount of the organisation's time and resources are therefore dedicated to working with people who are either homeless or threatened with homelessness

1.3       From this practical experience we recognise that homeless people are one of the most deprived and marginalised groups within Northern Ireland. The detail of our response is informed by our experience obtained from advising homeless people on a daily basis and also on consultation with our member agencies, many of whom are involved in the provision of frontline services to people who are homeless or in housing need.

2.0       EXTENT OF HOMELESSNESS IN NORTHERN IRELAND

2.1       Housing Rights Service believes that a degree of complacency exists about the extent of the homeless problem within Northern Ireland. There is a view that because there is not a highly visible population of homeless people on our streets, homelessness is not a serious issue in Northern Ireland.

2.2       Official statistics confirm however that during the period April 2000 - March 2001 a total of 12.694 households presented as homeless to the Northern Ireland Housing Executive. They illustrate also that homelessness is not just an urban problem confined to our two major cities but is being experienced within all towns throughout Northern Ireland and in their rural hinterlands.

2.3       Official statistics also show the ratio of homeless presenters within Northern Ireland as higher than in England or Scotland. In the Homelessness Strategy and Services Review document the Housing Executive recognises that "homelessness ..represents a significant social problem that impacts proportionately to a greater extent in Northern Ireland" [2]

2.4       Housing Rights Service believes that official statistics on homelessness offer a conservative estimate of the extent of the problem. It is important to note that each "household" presenting can contain a number of dependents (often children). Additionally, these statistics only include those who have actually presented to the Housing Executive and do not include people who were homeless but did not approach the Housing Executive for help. The figures do not therefore recognise the existence of 'hidden homelessness'. Whilst it is difficult to estimate the real extent of homelessness in Northern Ireland it is reasonable to conclude that the actual number of individuals suffering from the trauma of being homeless is much higher than the official figure.

2.5       It is also worth noting that the most recent official statistics on the number of households presenting as homeless in Northern Ireland represent a 15% increase from the previous year and a 26% increase on the 1991/1992 figures. These statistics demonstrate clearly that the approach adopted over the last decade has failed to adequately address the problem of homelessness in Northern Ireland and highlight the urgent need for a fundamental review of the problem and the formulation of a new strategic approach to tackle it.

3.0       DEFINITION AND NATURE OF HOMELESSNESS

3.1       There is a wide range of definitions (including a statutory one) of the term "homeless".

3.2       Housing Rights Service believes that the inquiry into homelessness should seek to be inclusive and that to focus only on those who people who comply with the full statutory definition (i.e. homeless, in priority need and not intentionally homeless) is too restrictive. Such an approach would exclude consideration of the needs of many vulnerable people who are without a home, under threat of losing their home or are living in totally unsuitable or unreasonable circumstances.

3.3       It is our view that the definition of homelessness should include rough sleepers; those who are placed in temporary accommodation such as night shelters, hostels, B&B awaiting re-housing; and anyone else who does not have access to a safe and secure home, suited to their needs.

3.4       The Homelessness Task Force in Scotland recently published their report to Scottish Ministers. The report clearly outlines the importance of a clear definition of homelessness, and spends much time identifying this definition. According to the report, 'More than 30,000 households are assessed as homeless every year by local authorities under the homelessness legislation. But the problem of homelessness goes wider than this. It extends to those who are living in insecure or intolerable accommodation simply because they have nowhere else to go, and those who are threatened with homelessness even if they do not yet come within the statutory definition' [3]

3.5       In England, recent DTLR Guidance is specific regarding who should be covered by a homelessness strategy:

n     Street homeless

n     Hidden homeless

n     Priority and non-priority

n     Intentional and unintentional

n     Families, singles, couples

n     Those with circumstances that lead to homelessness, for example:

-       People suffering domestic violence, people at risk of racial or sectarian harassment, other hate crimes;

-       People at risk of possession by lenders/landlords;

-       People in debt/rent arrears;

-       People in very poor housing conditions;

-       People leaving institutional environments

n     Certain groups more likely to suffer homelessness than others, for example:

-       Families experiencing relationship breakdown;

-       People subject to violence;

-       People with mental health difficulties;

-       People with drugs/alcohol dependency;

-       Young people forced to leave home.

3.6       Housing Rights Service advocates the current inquiry into homelessness adopts a comprehensive approach, reflecting the reality of homelessness within Northern Ireland, rather than simply the statutory element.

4.0       THE LEGISLATIVE POSITION

Current Arrangements

4.1       Northern Ireland law relating to homelessness originates in the Housing (Northern Ireland) Order 1988. It is this piece of legislation that provides us with the statutory definition of "homelessness". It also identifies those people falling within the "priority need" categories and considers the concept of "intentionality". When an individual presents to the Housing Executive as homeless they are assessed in accordance with the provisions of this Order and the assistance to which they are entitled (ranging from advice to permanent rehousing) depends on the outcome of this process.

4.2       Northern Ireland differs from England, Scotland and Wales in that there has been no review of the "homelessness" legislation since its introduction thirteen years ago.

4.3       Recent legislative developments in England and Scotland significantly increase the protection afforded to homeless people and collectively provide a more effective framework for tackling the problem of homelessness. Housing Rights Service does not believe that homeless is a less important issue in Northern Ireland nor that homeless people here should receive less favourable treatment that those in England, Scotland and Wales. There is therefore an urgent need for the government to review the legislation here with a view to including appropriate changes in the forthcoming Housing Bill.

RECOMMENDATIONS

4.4       Extension of priority need categories

4.4.1    Recent legislative reform in England and Wales has extended the categories of people considered to be in priority need. The Homelessness (England) Bill has extended priority need to sixteen and seventeen year-olds, to care leavers aged eighteen to twenty-one, and to others the council believes are vulnerable as a result of their background in care through the preparation of secondary legislation, the Priority Need Order.

4.4.2    Housing Rights Service believes a similar amendment is required here as our current legislation does not afford adequate protection to these groups. Indeed it is our experience that young clients (under 18) in particular, are routinely refused assistance under the homelessness legislation, experience difficulty obtaining access to the common waiting list and are often passed between social services and the Housing Executive with neither agency accepting responsibility for resolving their situation.

Mrs M contacted Housing Rights Service for advice concerning a 17 year old male (the client), having discovered the client sleeping rough in the garden of a neighbouring house, Mrs M had allowed the client to sleep in her garden shed and had given him a mattress. Mrs M's daughter had provided him with a job in her own business.

The client had been to the Housing Executive to register as homeless, but three months later, had heard no further information about his application.

While he had some involvement with social services in the past, he had not been assessed as a "child in need" under the Children (NI) Order 1995. The client had become homeless when his mother, following the break-up of her marriage had begun a new relationship and moved away.

Housing Rights Service contacted the Housing Executive on behalf of the client, and was told that the client was not entitled to full duty applicant (homelessness) status as he was not in priority need but had been awarded 10 points under the Common Selection Scheme and would be actively considered for housing when he became 18.

At this point, he has been sleeping rough for six months.

This problem with accessing help from statutory services is typical of that facing young homeless people in Northern Ireland. Starting Point, one voluntary organisation that caters for young people in housing crisis, has reported to Housing Rights Service that in 2000-2001 they received 96 referrals from homeless 16-18 year olds. Housing Rights Service believes that legislative reform is required to afford       additional statutory protection to this vulnerable group.

4.5       Duty to produce a strategy for the prevention and alleviation of homelessness

One of the most significant provisions in the new English and Scottish legislation, is the placing of a statutory duty on local authorities to produce strategies for the prevention and alleviation of homelessness. There is no such requirement in Northern Ireland. The Housing Executive's strategy has been produced as a Best Value review. Whilst we welcome the review and the Housing Executive's commitment to adopt a more strategic approach to the problem of homelessness, we believe the interests of homeless people would be more effectively safeguarded if there is a statutory requirement to produce a strategy at least every 5 years. There is a need also to provide guidance (as has been the case in England and Scotland) on the main issues the strategy should cover including increased emphasis on preventing homelessness occurring in the first place.

4.6       Duty to secure that advice and information about homelessness and its prevention are available free of charge

The Housing (Scotland) Act 2001, which is now in its implementation stages, provides for free advice to be available to all who need it. A similar duty exists in England and Wales but no such duty exists in Northern Ireland. Detailed guidance is currently being drafted in Scotland (and already exists in England) on the form of advice and how it should be offered. Housing Rights Service believes that a similar duty and guidance should be introduced in Northern Ireland.

4.7       Right to independent review

4.7.1    The recent legislation in Scotland had introduced a right for a homeless applicant to request a review of any decision they are unhappy with. At present applicants here can, under present Housing Executive policy, submit an appeal against an adverse decision. We believe the right to appeal should not be a matter governed by organisational policy and should be afforded statutory protection.

4.7.2    Additionally we believe it is important that the review should be seen to be fair and impartial and should not therefore be (as is currently the situation) conducted by officers of the organisation responsible for making the original decision. There is at present only very limited access to any independent review of the decision. The Commissioner for Complaints focuses on incidences of maladministration and it is only possible to apply to the courts for review in limited circumstances (i.e. failing to consider relevant facts or ignoring legal duties). Additionally, the procedure for seeking judicial review is both lengthy and potentially expensive.

4.7.3    The need to review current practice has been further highlighted by the recent case of Fardous Adan V Newham London Borough Council & Secretary of State for Transport, Local Government & The Regions (2001). Whilst the full extent of this judgement is still unclear, it would appear that a review by an officer may not regarded as an independent or impartial tribunal and is not therefore compatible with Article 6(1) of the European Convention of Human Rights.

4.7.4    Recent developments in Scotland have led to the suggestion of the setting up of 'housing courts' to review decisions made. Housing Rights Service advocates the proposal to set up a similar "housing court" in Northern Ireland should be examined.

4.8       Statutory Code of Guidance

Within England, Scotland and Wales the relevant government department prepares a Code of Guidance that is issued by the Secretary of State as statutory guidance to support the homelessness legislation. Authorities must have regard to this Code when exercising their functions in relation to homelessness and its prevention. The Code is an important tool to guide authorities through the legislative provisions and to assist in interpreting its complexities. There is no such Code in Northern Ireland. There is a Code of Interpretation, prepared by the Housing Executive but this is neither comprehensive nor legally binding.

The need to produce authoritative, independent guidance is highlighted regularly by the experience of our clients. There is a lack of uniformity in the assessment, enquiry and decision making processes both between and within District Offices. Housing Rights Service does not believe accessing your rights as a homeless person should be a lottery, with the outcome dependent on the office/staff member dealing with your application.

Useful models already exist in Scotland, England and Wales as to the type of information that the Code should contain.

5.0       PREVENTION OF HOMELESSNESS

Current Arrangements

5.1       Within Northern Ireland the traditional approach to tackling homelessness has been focused on dealing with the crisis after it occurs. The failure of the Housing Executive to seriously engage in preventative work was highlighted by their comparatively poor performance in a recent benchmarking exercise undertaken with similar housing authorities in England. The report, by Arthur Anderson states that " the cost of prevention work represents only 3% of total costs. This compares to a median for all participants of 18%..relative to other homelessness activities the resources dedicated to prevention work is very low. It may therefore be useful for the Executive to carry out a cost benefit review of increasing prevention expenditure" [4]

Despite this clear recommendation it is our view that, the proposals contained in the current Housing Executive strategy continue to focus primarily on the alleviation of homelessness i.e. on coping with the crisis after it occurs. Housing Rights Service believes that prevention of homelessness must be the cornerstone of any comprehensive strategy to tackle homelessness. It is our view that the practice of adopting a wholly reactive approach to the problem is a contributory factor to the increasing levels of homelessness in Northern Ireland

5.2       Housing Rights Service believes strongly that proper investment of resources in preventative work will have a positive impact on the levels of homelessness in Northern Ireland. This view is endorsed by recent legislative developments in England and Scotland. These have identified primary prevention work as central to any homelessness strategy.

RECOMMENDATIONS

In particular we consider the following issues associated with the prevention of homelessness require additional attention.

5.3       Access to Information and Advice

5.3.1    The key role of advice in the prevention of homelessness is well documented. It is recognised not only as important is assisting individuals seeking accommodation to make informed choices about the housing options available but also as having an important preventative function in relation to housing debt and problems associated with insecurity of tenure which, if unresolved, could result in homelessness. Recent DETR guidance states, " good advisory services will enable people, often with complex problems, to explore the full range of options available to them and achieve the most favourable outcome to their difficulties" [5]

5.3.2    In our experience the "advice and assistance" currently provided by the Housing Executive does not offer this level of service to clients, but provides only basic information and a referral service to other agencies. Each year Housing Rights Service deals with over 2000 enquiries from people experiencing problems associated with homelessness (approximately 25% of these are referred to our service by the Housing Executive). Many more people try to access our advice line but due to resource constraints we are unable to deal with the volume of demand for our service and have had to restrict access to this service. A series of reports conducted during the 1990's has consistently concluded that there is an inadequate provision of specialist housing advice in Northern Ireland. Most recently, in 1999, a report by Lundy& Glenn confirmed that there was still a high level of unmet need and that there are only a few agencies in Northern Ireland providing any advocacy or representation service in relation to housing problems.

5.3.3    Housing Rights Service believes there is a need for greater investment to promote the availability of good quality housing advice and advocacy, to raise the standard of advice and to target services to those most at risk of homelessness. There are many innovative schemes in England and Scotland that seek to target intervention to prevent the situation reaching crisis point - one such example is provided by the Scottish Executive. In their Programme for Government, they outlined plans for a Mortgage Rescue Scheme to protect those who undergo financial crisis and prevent repossession of their home. The immediacy of the threat of homelessness facing many householders if they lose their job is illustrated from data contained in the Scottish Household Survey 1999 showing that 28% of all householders with mortgages have no savings or investments. A further 12% have savings of less than £1,000. A similar situation exists in Northern Ireland and has been highlighted by the Simon Community in their recent publicity campaign "Only 4 pay packets away from homelessness". Statistics issued by the N.I. Court Service reveal that in the period April 2000 - March 2001, over 1700 households in Northern Ireland faced court action for repossession of their home as a consequence of mortgage arrears.

Housing Rights Service believes that policy makers in Northern Ireland should be examining the benefits of establishing similar schemes here and also considering the role of information technology and telephone advisory service particularly in relation to meeting housing advice needs for those who are housebound or living in rural areas.

5.4       Educational Initiatives

Education has an important role to play in the prevention of youth homelessness in particular. Good quality educational work can raise awareness of the problem of homelessness, inform young people of their rights and help them to prepare for leaving home and making a successful transition to independent living. Within Northern Ireland educational resources for use in schools have been undertaken by the Simon Community and by Shelter (in association with Housing Rights Service). The Simon Community has also developed an innovative peer education project. Given the high level of young people under 25 who present as homeless each year in Northern Ireland we believe there is a need for adequate levels of statutory funding to be provided to enable this type of work to continue and be expanded.

5.5       The impact of housing management policies and practices

It is our experience that tensions exist between the effective and efficient delivery of a housing management service and the strategic objective of preventing homelessness. Currently the housing management practices of both the Housing Executive and Housing Associations can impact on levels on homelessness. There is a need to recognise this and to address the problem that the pursuit of one policy objective may be undermining another. Examples include:

n     The practice of evicting tenants for rent arrears- Housing Rights Service wishes to see increased emphasis on early detection and debt counselling;

n     The practice of excluding and suspending people from the Common Waiting List restricts access to housing;

n     The use of eviction as a key element to tackle anti social behaviour- whilst we accept that this may resolve the problem for the immediate neighbourhood it does not address the underlying behaviour. Housing Rights Service believes mediation has an increased role to play in dealing with this issue and advocates research into the development of good practice and innovative services to deal with this challenging behaviour;

n     The practice, adopted under Rule 55 of the Common Selection Scheme, of restricting choice for full duty (statutorily homeless) applicants if they have not been housed within 6 months often leads to homeless households receiving offers of accommodation in lower demand areas. We believe this practice is discriminatory and is, in itself, a factor causing repeat homelessness as vulnerable households are being forced to accept accommodation outside their areas of preference.

5.6       The administration of Housing Benefit

The effective administration of Housing Benefit is a crucial factor in enabling tenancies within the private and social sector to be maintained. From our experience of providing advice to tenants we are firmly of the view that problems with administration and with Housing Benefit thresholds can lead to homelessness. Delays in processing claims can be linked to arrears and re-possessions, and can contribute to the reluctance of private landlords to accept tenants who are in receipt of benefits. In particular we believe there is a need to review the single room rent, to examine the gaps between local reference rents and market rents and to simplify the regulations and procedures for payment of this benefit. There is also a need to ensure that the current system is being effectively administered and that tenancies are not in jeopardy as a consequence of poor administrative practice.

Client P is a lone parent who contacted Housing Rights Service having been refused Housing Benefit on the basis that her landlord refused to sign a Certificate of Occupation. The Housing Benefit (general) Regulations (NI) 1987 refer to a claim for Housing Benefit being accompanied or supplemented by such certificates, documents, information and evidence as may be reasonably required. The Regulations do not specifically refer to a Certificate of Occupation. As a result of being refused Housing Benefit, the client accrued rent arrears and was facing eviction. The adviser asked for a review of the decision and the Housing Executive was presented with other evidence of proof of occupancy, e.g. utility bills. The review was successful and the client's Housing Benefit was backdated. But this was after months during which the client was living under the threat of eviction.

6.0       ACCOMMODATION OPTIONS

6.1       Temporary Accommodation

Current Arrangements

6.1.1    At present the Housing Executive use temporary hostel accommodation provided both by the Housing Executive and by the voluntary sector. In addition they also use B&B placements in the private sector. The Executive confirm that whilst it is their preference is to place people in hostel accommodation, this type of accommodation is largely fully occupied and consequently 56% of all placements are within the private sector.

6.1.2    The main problems identified by our clients with current temporary accommodation arrangements are:

n     Lack of accommodation suited to their needs;

n     The length of time they remain in temporary accommodation awaiting re-housing;

n     Poor physical and management standards within the accommodation;

n     Lack of contact with Housing Executive personnel during their stay in the accommodation and a sense of isolation.

RECOMMENDATIONS

6.1.3    The experience of living in temporary accommodation is often detrimental to the physical health and emotional well being of its occupants, particularly if people are spending long periods of time there. Housing Rights Service believes that:

n     Temporary accommodation should be appropriate to the needs of the applicant, and his/her household having regard for their age, disability and access to services

n     There is a need to reduce the length of time people spend in temporary accommodation (according to official statistics the average length of stay is 131 days for those accepted as homeless, in Belfast and London/ Derry it is 180 and 190 days respectively)

n     The use of bed and breakfast accommodation should be minimised. The Housing Executive strategy contains a strategic commitment to reduce the use of B&B. In England the government has recently announced the establishment of a B&B Taskforce to "reduce the use of bed and breakfast accommodation, particularly in relation to families with children". This Taskforce will set targets and establish an action plan to achieve their objective. We believe there is value in adopting a similar approach in Northern Ireland

n     Use of this form of accommodation must be closely regulated, with uniform standards developed and regularly monitored by a formal inspection regime. We support the proposals contained in the Housing Executive's homelessness strategy to implement such a system but in our view, these inspections should not be undertaken solely by Executive personnel but by a panel, consisting of an officer from the Housing Executive, a representative from Environmental Health and a lay (user) representative.

n     There is a need for the Housing Executive to engage in discussion with residents in temporary accommodation to identify appropriate measures to improve contact levels and help to reduce the sense of isolation and abandonment reported by many of the occupants.

6.2       Permanent Accommodation

6.2.1    The long term solution to the problem of homelessness is ensuring an adequate supply of decent and affordable housing to meet need. The escalating levels of homelessness within Northern Ireland highlight the inadequacy of current arrangements to provide such a solution.

RECOMMENDATIONS

6.2.2    Many of the factors inhibiting success in obtaining satisfactory permanent housing solutions for homeless people have been considered in the Executive's homelessness strategy document. The actions identified in the document as required to redress this situation include -

n     Adequate levels of investment both to provide additional and maintain existing housing,

n     Addressing problems of land cost constraints in areas of acute homelessness,

n     Ensuring the accommodation provided is appropriate for the size/needs of the households,

n     Providing a range of supported accommodation for vulnerable households.

6.2.3    In addition we believe there is also a need to address several other issues that impact on the supply of affordable accommodation. These include:

n     Analysis of the impact of the House Sales Scheme on the supply of affordable housing for homeless households. Housing Executive sales are continuing at a rate of approximately 5000 properties per annum. Anecdotal evidence would suggest that the impact of this policy is disproportionate in the areas of highest housing stress;

n     Examination of the role of the private rented sector as a suitable alternative, particularly if standards within this sector could be improved through the introduction of mandatory licensing and kite mark schemes;

n     The potential for extending the use of rent deposit schemes. These were introduced initially by the Simon Community (NI) to offer opportunities for certain individuals to gain access to accommodation. One of the chief hurdles for homeless people wishing to become tenants is the deposit that is need on a rented property. Rent deposit schemes allow an organisation to loan a deposit to the individual and act as a guarantor for a specific time period. There is a need to recognise the importance of such schemes, and their success in breaking the cycle of homelessness for its users;

n     Consideration of the potential to expand the role of low cost home ownership schemes e.g. Co-ownership in meeting housing need.

7.0       SUPPORT PROVISION

7.1       For those who have been re-housed following a period of homelessness, the transitional phase is crucial in preventing repeat homelessness. There are no statistics available at present on the levels of repeat homelessness within Northern Ireland however there is a perception that there are numerous incidences of individuals and families who cannot break the cycle of homelessness.

7.2       Initiatives in England have demonstrated that support schemes involving direct contact with the individual, and tailored to meet their needs can be successful in helping people to sustain their tenancy and avoid the situation of repeat homelessness.

7.3       The introduction of the "Supporting People" programme offers a good opportunity to review and enhance the existing support provisions for homeless and formerly homeless people in Northern Ireland. It is appropriate in both temporary and permanent accommodation and could be used to develop schemes to help people with a history of recurrent homelessness to sustain their tenancies. To maximise the potential of supporting people we believe it is important to consider the broad variety of programmes that could be made available - these should include:

n     support/resettlement services for singles and families

n     floating support services

n     advice/advocacy services (including tenancy relations services)

n     community care services

n     services for young people and children in need

n     services providing practical assistance ( furniture schemes/ home starter packs)

n     skills development (not just employment related but also soft skills e.g. confidence building)

n     support for those with drug/alcohol/substance misuse

n     support for people with mental health problems

7.4       Housing Rights Service is particularly concerned that whilst the new programme offers a valuable opportunity to develop new and innovative support packages, failure to adequately resource the programme will not only lead to this opportunity being missed but will also present a real threat to the range of traditional support services that are currently in place for vulnerable people.

8.0       A PARTNERSHIP APPROACH

Current arrangements

8.1       In its recent report, 'Looking for Change', the DTLR states that 'a multi agency approach to tackling the problem (homelessness) is required. No one agency or single initiative can have much of an impact on this complex area.' [6] This view was echoed by Maurice Morrow, the former Minister for Social Development, when he stated, 'the causes of homelessness are many, and its prevention is not something which my Department alone can achieve'. [7]

8.2       Within Northern Ireland there is not currently a holistic or multi agency approach to tackling the problem of homelessness at either a strategic or operational level. Indeed the experience of our clients is that there is only limited co-operation between key statutory agencies. This is illustrated by the problem that exists for young people under the age of 18 in accessing help to find a solution to their accommodation problem (see case study Section 4.4.2). Draft protocols were established in 1996 on the implementation of the respective responsibilities of the Housing Executive and the Social Services for this client group but these have never been formalised and in the interim, vulnerable young people continue to fall through the safety net of provision.

RECOMMENDATIONS

8.3       Homelessness is an important and escalating problem, which interacts closely with other areas of social need in our society. Because of this the problem can only be effectively addressed by involving a range of government departments, relevant statutory and voluntary agencies and homeless people themselves.

8.4       The UK government recently published a white paper " Modernising Local Government - in Touch with the People". The paper emphasised the importance of user involvement in the development of policies. Housing Rights Service believes there is a need to engage in genuine consultation with homeless people to ensure the development of plans and services are responsive to their needs. We would also welcome a commitment to consider the potential for developing initiatives that empower homeless people, such as self help and user led projects.

8.5       Proposals for tackling the problem of homelessness should not be produced or implemented in isolation. They need to be consistent with and take account of wider government policies, such as Supporting People, the Children Leaving Care Bill etc. There is a need therefore for the Committee to take account of these and other relevant areas of work when formulating their final report. Housing Rights Service also believe there is a need for both the Housing Executive and the government to make a firm commitment that other policies and programmes should not adversely affect the levels of homelessness in Northern Ireland.

8.6       Recent legislative initiatives in Scotland and England have introduced requirements in relation to partnership working. These include provisions that social services must give assistance in developing the homelessness strategy and that the detail of the strategy must be taken into account by the local authorities when discharging all their functions within a district. Housing Rights Service believes a similar requirement should be introduced in Northern Ireland in relation to health and social service providers, education authorities etc.

8.7       The Homelessness Task Force in Scotland is an excellent example of how cross departmental, multi-agency work can effect positive change. In their first report the Task Force recommended a number of legislative changes in Scotland regarding homelessness, and these recommendations were contained in the Housing (Scotland) Act 2001. The Task Force includes representation from the statutory and voluntary sector. The Task Force continues to operate and has recently produced a second report "Homelessness: an action plan for prevention and effective response". Housing Rights Service believes serious consideration should be given to establishing a similar body in Northern Ireland.


 

 

written submission by:
niacro

January 2002

NIACRO is a voluntary organisation working for the care and resettlement of offenders. Through a range of projects, NIACRO works to support the families of prisoners, to make employment opportunities available for ex-offenders, to support young people in the care and youth justice settings and help communities address the problems of crime. We are currently embarking on a programme of work in resettlement in partnership with the Prison Service and Probation Board. Fundamental to any work in rehabilitation is the need for suitable accommodation and NIACRO would concur with the view expressed in the Northern Ireland Housing Executive report that "homelessness is considered to be one of the most extreme forms of social exclusion and presents a series of problems beyond housing". [1]

Some of the issues raised in this paper reflect the experience and concerns of prisoners and are drawn from housing casework undertaken by Prison Link's Advice Service [2] . In the twelve month period from April 2000 to March 2001 the Advice Service dealt with 430 housing enquiries.

We would emphasise the importance of understanding the experiences of people who have experienced homelessness or the threat of homelessness so that any strategy can properly address their needs.

We acknowledge that according to the NIHE report comparative homeless rates are higher in Northern Ireland than in other areas of the UK and generally welcome the implementation of the new "supporting people initiative" if it delivers a better service to the homeless than that which is currently available. However we are also aware that legislation elsewhere in the UK in the form of "the Homelessness Bill" appears to offer greater legislative protection to the homeless than is available in Northern Ireland, for example it places a statutory duty on local authorities to produce a strategy for the prevention and alleviation of homelessness with built in targets to be achieved.

Issues for Prisoners

The current Housing (NI) Order 1988 outlines the duties of the NIHE in relation to the homeless and the criteria that must be met for someone to be offered a full range of services (a full duty applicant/FDA).

Prisoners approaching the end of sentence who will be homeless upon release can submit a general housing application form to the local Housing Executive district office. Where appropriate information on hostels will also be supplied to the prisoner. Based on the information contained in the application the Housing Executive is expected to make an assessment of the applicants circumstances and needs to allocate points accordingly.

The reality for most prisoners who apply pre-release is that they receive a letter acknowledging the receipt of the application. No assessment is made or points awarded. Upon release the prisoner is expected to approach his/her local district office and submit a fresh application but their experiences suggest they are met with jargon and bureaucracy as the following example illustrates.

Example 1

A life sentence prisoner was released having served over 10 years in prison. On applying for accommodation to the Housing Executive he was assessed under the Housing (NI) Order 1988 (homeless legislation). He was accepted as being homeless but was deemed not to have a 'priority need' for accommodation despite the fact he was living in a hostel. This decision was successfully challenged by the applicant and the Housing Executive conceded that he did have a priority need when it was pointed out he had served 10 years in prison, was suffering from the effects of institutionalisation and did not possess the social or life skills to seek accommodation without support.

Having won this argument he was then informed that he was 'intentionally homeless' and would not be considered a 'Full Duty Applicant'. If a person voluntarily or deliberately leaves accommodation where he/she had full security to tenure with no alternative accommodation to go to he/she will be deemed to be intentionally homeless. In this case the Housing Executive failed to examine his circumstances prior to him entering prison.

This example highlights the widely held view that released prisoners are deemed to be intentionally homeless by virtue of the fact that had they not committed an offence they would not have lost their accommodation on receiving a prison sentence.

Furthermore, we have had experience of individuals returning to Northern Ireland after periods of enforced exile, who also find that they are regarded by the Housing Executive as INTENTIONALLY homeless because they have voluntarily left accommodation provided in England. A homelessness strategy for Northern Ireland must take account of the reality faced by some of its citizens attempting to resettle here.

Under the new Housing Selection Scheme introduced in November 2000, where an applicant fails to be assessed as a Full Duty Applicant, points can be allocated in respect of release from prison under "other homelessness" category, as long as there are social, medical or security reasons for the applicant not returning to his former accommodation. Many released prisoners wrongly expect to qualify for these points but even where the criteria is met, additional points have been withheld by district offices.

The nature and extent of homelessness:

As stated in the NIHE review, 50% of the demand for accommodation is made by single people, two thirds of whom are male. We would wish to point out that there are other homeless people who have not presented to the Housing Executive, either because they do not feel their prospects of obtaining accommodation are good or because their lifestyle has militated against processing an application.

One such group is that of young people, particularly 16 and 17 year olds who are not catered for under child care legislation and who are homeless.

Only a very few young homeless people are considered eligible for accommodation support under Children's Order legislation. A significant number of 16 and 17 year olds that are homeless, are not eligible for housing benefit and are therefore faced with very limited options open to them. Many end up presenting themselves to self-referral hostels or move from house to house. They frequently end up in situations which are unsuitable for their needs and which may perpetuate existing difficulties. There have in fact been occasions when young people under threat have had to leave their homes, had no options for accommodation presented to them and whole families have had to move in response to the threat on the young person.

A strategy addressing those needs is urgently required.

As acknowledged in the review, the reasons for homelessness include breakdown in relationships as well as intimidation and for young people who have been involved in antisocial or criminal behaviour, the risk of losing accommodation is substantially increased.

By the same token any efforts at re-integration can only be made effective if suitable accommodation is available, so the problems causing homelessness must be tackled.

It is significant that the figures (in the NIHE Review) for the outcomes of homelessness assessments indicate that whilst half of all those presenting are single, only 33.2% of them are accepted as meeting the criteria. Our experience is that , as suggested in the report, "many tend to gravitate to family, friends and the voluntary sector for assistance".

We have become involved in working with people who had left their homes as a result of intimidation and had not been made aware of the need to make application immediately to ensure that the full extent of the homelessness period is properly taken into account, in terms of their position on the waiting list.

A further complexity arises from the District arrangements in operation by the Housing Executive particularly when an applicant moves to a new temporary address - does not receive communication sent to the previous address and is then penalised in the new district when contact is re-established. In many cases there is a sense that the applicant needs to very proactive to make sure, not only that the application is processed but also that assessment information is passed from one district office to another and appropriately taken into account.

A significant number of homeless people already experience a range of other problems such as learning difficulties, personality disorders, mental health problems, poor literacy skills etc and have real difficulty adequately representing their needs. The experience of disappointment with the response can effectively exclude them from pursuing accommodation from the Housing Executive and they move from one temporary situation to another.

Dealing with homelessness

There is a need for policy and procedures to seriously address the issue of prevention of homelessness and develop policies and practices in this regard for example:

n     to look at ways of landlords dealing with rent arrears other than by eviction;

n     to consider mediation where antisocial behaviour gives rise to eviction;

n     to increase choices for applicants rather than housing homeless people in low demand areas which may not be suitable to their needs;

n     administer housing benefit effectively as delays and levels of benefit can create difficulties with private landlords;

n     provide accurate information to people remanded or sentenced to immediate custody to facilitate claims to housing benefit and avoid the accumulation of arrears. (There follows the possibility of denied access to the waiting list until substantial arrears are cleared).

n     provide adequate low cost storage facilities for prisoners who have relinquished a tenancy or it has been repossessed so that belongings are not disposed of by the NIHE or landlord and so that items do not have to be repurchased, often through loans from Social Security.

In addressing repeat homelessness we would ask that policies and procedures be developed in partnership with other agencies, so that individuals get the help they need to stabilise their situation rather than experiencing the full effects of homelessness over and over again.

We would also wish to encourage a strategy which would address a variety of long term solutions to homelessness:

n     ensuring an adequate supply of decent and affordable housing;

n     raising standards in the private sector and regularly monitoring them;

n     developing schemes to encourage co-ownership or self build projects

We hope these points are helpful in highlighting some aspects of homelessness with which we are involved.

NIACRO REPORT ON HOUSING ISSUES FOR PRISONERS - ARREST TO RELEASE

Summary

Recommendations

Access to information and assistance on a range of welfare rights issues at point of committal is crucial.

NIACRO, the Probation Service, the Prison Service and statutory agencies collaborate and cooperate to ensure the critical information needs of prisoners are serviced.

The Housing Executive and Social Security Agency should each identify a designated officer within their agencies with responsibility for prisoner issues to liaise in an advisory capacity at the points of entry to and release from prison with staff delivering services in prison e.g. NIACRO project staff / probation staff and other stakeholders, and to act as a resource to and offer guidance and support to local housing and benefit offices to ensure prisoners rights re housing and benefit issues are protected.

Alternatively the Social Security Agency and Housing Executive might consider sub - contracting this advisory role to experienced service providers in the voluntary sector such as NIACRO who have developed a level of expertise in these issues.

Disparity in help available to remand prisoners in meeting housing costs. Tenants can receive social security benefit from the date of committal while homeowners have to wait 8 weeks before receiving first payment towards housing costs.

Homeowners remanded in custody are unfairly penalised by current system which pays nothing towards their housing costs until week nine. This anomaly unfairly and unnecessarily places a burden of debt on homeowners and increases the risk of losing their home.

We recommend that provision be made to allow homeowners to receive equal treatment with tenants renting in the public or private sector so that payments begin as soon as they are remanded to custody. In addition social security payments towards housing costs of homeowners should reflect the actual repayment commitments made to the lender.

Tenants renting in the public and private sector who receive a short sentence can receive help with housing costs for the duration of the sentence.

Sentenced prisoners who own their accommodation cannot receive any help to cover their housing costs while serving a short sentence.

Homeowners serving a sentence of thirteen weeks or less should be entitled to equal treatment with tenants.

Current social security legislation does not provide for this. We feel this oversight should be addressed and rectified immediately as it is discriminatory unfairly penalises one section of the community.

A prisoner who voluntarily terminates a tenancy from prison will be regarded as being intentionally homeless by the Housing Executive upon release. This has implications for individuals seeking assessment under the Housing (NI) Order 1988 and will affect the number of points they can accumulate under the Housing Selection Scheme.

Accommodation is one of the factors which will influence a persons ability to settle and reintegrate into the community following a term of imprisonment. It is important that Housing Officers thoroughly examine the circumstances of each individual application instead of adopting the blanket approach that released prisoners who previously had an address in the community are intentionally homeless. Officers should exercise their discretion more freely and consult with the 'designated Officer' for guidance if necessary.

Prisoners with no option but to give up their former accommodation have responsibility for removing personal possessions from the property and arranging storage of same.

Low cost storage facilities should be made available to prisoners who are unable to make alternative arrangements.

Arguably the cost could be offset against savings to the social security budget as fewer applications would be made to the Social Fund to cover the cost of replacing cookers, fridges, furniture etc.

Prisoners who present as homeless while in prison are encouraged to apply to the Housing Executive in preparation for their eventual release. However no formal assessment or offer of accommodation is made until the prisoner attends local district office upon release.

This process is frustrating for homeless prisoners who expect the Housing Executive to be in a position to make an assessment of need on the basis of the information supplied in the application.

The prisoner should have access to information on housing rights and housing options in the community and to independent advice and assistance.

There is a role for a designated officer within the Housing Executive with responsibility for prisoner issues to centrally receive applications from serving prisoners, review applications, make initial assessment and recommendations and refer on to the district office in the area the prisoner intends returning to for full processing.

Alternatively this role could be sub - contracted to a voluntary sector service provider such as NIACRO who has developed a level of expertise in this field.

Released prisoners who have housing debt against former addresses find their applications are not accepted by the Housing Executive in some cases or are not placed on the waiting list until substantial arrears have been cleared.

Where former prisoners have entered into a written agreement to repay a former housing debt and payments have commenced the disqualification sanction should not applied. District offices seem to be applying a rigid interpretation of the Housing Selection Scheme sanctions policy which is resulting in unfair treatment for released prisoners.

Former prisoners encounter many difficulties in seeking accommodation upon release e.g. they may have learning difficulties, literacy problems, personality disorders or they may not have the social or communication skills to adequately present and support their needs. They may have experienced disappointment in past dealings with the Housing Executive and do not have faith in the system to work for them.

It is crucial that staff dealing with former prisoners (and all customers) are sensitive to their needs at that point in time and have the necessary training and support to assist them deal with aggressive or potentially violent customers.

Staff should assess what appropriate help is needed e.g. help to complete form and offer assistance.

The Housing Selection Scheme should be clearly explained to applicants to avoid confusion; corroborative information should be obtained from relevant third parties e.g. G.P's, Probation Service, Prison Service; and decisions should be clearly explained in language the individual understands.

Staff should be familiar with housing legislation, practice and guidance to avoid inconsistencies in interpretation of the legislation and to ensure uniformity in decision making.

A designated officer with responsibility for prisoner issues should have the authority to review and change decisions which are disputed before they enter the Housing Executive's internal appeal process.

Housing sex offenders in appropriate accommodation in the community is a difficult and there is the danger that sex offenders will drift or disappear increasing the potential of re - offending.

While meaningful cooperation exists between the Police, the Probation Service, Social Services, The Prison Service and the Housing Executive in identifying 'suitable' housing for sex offenders and considerable work and effort is put into educating and reassuring communities of the threat and danger of sex offenders the problem of finding accommodation for this group of offenders remains.

Resources are required to provide a menu of purpose built housing for sex offenders including a mix of independent and supported accommodation with a package of supervision, treatment and care as directed.

Information, education and support on the issue of sex offenders should continue to dispel the hype and myth reported in the media.

August 2001


 

 

written submission by:
council for the homeless (northern ireland)

January 2002

Introduction

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.

Current activities of CHNI include:

  • 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.

Homelessness 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.

Breakdown of Presenters

Number

Single males 16-25

1,422

Single males 26-59 yrs

2,671

Single females 16-25 yrs

1,201

Single females 26-59

867

Couples under 60

651

Families

5,170

Pensioner Household

712

Total

12,694

Figures form NIHE 2001

Youth Homelessness

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.

Comparisons with England, Scotland and Wales

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.

Current Arrangements

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.

Provider

Approximate No. of Bed Spaces

Voluntary Sector

1,500

Bed Bureau

700

NIHE

200

Private

700

Occupancy in temporary accommodation does not drop below 90%. Temporary accommodation services are often overloaded due to a lack of appropriate move-on or permanent accommodation options particularly for single homeless people.

There is a need for specialised accommodation for people with multiple needs. Services must be provided for long-term residents for whom hostel accommodation has become permanent.

Non-statutory homeless, or those who do apply to the NIHE usually follow the procedures listed below:

  • Self-presentation to the voluntary sector.
  • Remaining in unsuitable housing conditions. This is particularly relevant to young people under threat or suffering from abuse.
  • Accessing a variety of unsuitable temporary measures, for example staying with friends, squatting and sleeping rough.

Particular problems exist regarding the provision of information with regard to re-housing. Residents in temporary accommodation often feel they have been abandoned, and can sometimes feel that access to temporary accommodation impacts upon their ability to secure permanent housing.

Accommodating Needs

CHNI recommend that the Social Development Committee consider:

  • The need for additional temporary and permanent accommodation, and appropriate move-on accommodation for single homeless.
  • Access to and provision of a range of advice services.
  • Establish specialist services for those with multiple needs.
  • Statutory duty provide of advice and assistance for non-statutory (not recognised as unintentionally homeless) homeless people.
  • Establishment of protocols between all statutory and voluntary agencies to provide a holistic response with a legislative basis.
  • Establish a formal system of communication between all service-providers and the NIHE, and ensure this is regular review of housing status.
  • Additional government subsidisation of temporary accommodation.
  • Establishment of mediation services between homeless people and communities etc.
  • Establishment of an independent appeals mechanism for all decisions currently made internally by the NIHE.
  • Ensure inclusion of service-providers and those working with the homeless population in the development of any strategy and its implementation.
  • Recognise special needs groups and develop particular provisions for them..
  • The effect of the end of Transitional Housing Benefit in March 2003 and the introduction of Supporting People.

In order to meet the needs of the homeless population, both in provision of advice, accommodation and the support to maintain it, it is vital that a cross-sectional strategy is developed. Homeless people are not a homogenous group. They share a number of characteristics, such as inability to access appropriate housing, due to financial constrains or social barriers.

Research in the United Kingdom has shown that local authorities with a homelessness strategy have more success in planning and developing accommodation, advice and support services, working with other agencies, both statutory and voluntary and finding flexible efficient solutions to homelessness in their areas.

The voluntary sector has maintained that preventative action plays a large part in the lives of vulnerable people and their susceptibility to life crises. Many valuable methods of good practice in the area of prevention of homelessness have been developed and successfully implemented, for example peer education, training, information and advice, and inter-agency co-operation. The DSD should consider existing methods of good practice when approaching any strategic planning to provide support to homeless people.

CHNI have always advocated the importance of maintaining quality standards in the provision of homeless services. To date service providers have been confused and frustrated about the lack of clarity of information with regard to funding arrangements. CHNI advocate a more a systematic approach in which transparent and open information is available.

DSD should undertake a survey of local needs analysis, employing a feedback system, which enables the voluntary and community sector operating at the frontline of service provision, to have a real and tangible input into decision-making.

CHNI recognises the need for flexibility in service provision when the homeless population is considered, to ensure choice for service users. CHNI recognises that there is a need for monitoring and evaluation of all service providers to ensure that those accessing services are receiving quality, cost effective and appropriate support. CHNI would advocate provision of a minimum standards training to all support providers. The provision of such training would ensure that services are provided by individuals who are equipped with the necessary skills required, to provide appropriate support levels, which are dictated by user needs.

CHNI would advocate the integration of support with wider local strategies. The outcome of the Homeless Strategy Review currently being undertaken by the NIHE will provide vital information. Other regional strategies should also be considered including the NI Rural Strategy and the Probation Board Northern Ireland (PBNI) Accommodation Strategy.

Homeless people have difficulty in accessing support services, as they do not have a permanent address. CHNI has been a forerunner in developing support services, which are not tenure, based, and are seen to be consistent with the aims of supporting people. These services, known as floating support, have received widespread support from service providers throughout Northern Ireland.

Conclusion

A strength of current strategies is the statutory duty placed upon the NIHE, to deal with homeless people. This is the essential foundation to any effective system of dealing with homelessness and therefore should remain in place. We would advocate that, in order to strengthen this duty there should, following the precedent set in the rest of the UK, be statutory duty, rather than a voluntary agreement, placed upon the NIHE to produce and implement a Homelessness Strategy. This should be monitored on the basis of performance indicators by the DSD and reviewed every 3-5 years. It is also important that the NIHE re-assess how they address the needs of the homeless population within the context of current legislation. In particular the following should be reviewed:

  • Concept of intentionality, this should not effect an individuals access to permanent accommodation.
  • The expansions of categories of vulnerability.
  • The new Housing Selection Scheme and how it measures the position of non-priority homeless people.

If homelessness is to be effectively addressed in an appropriate manner, the following must be implemented:

  • An assessment of overall needs including non-statutory homeless, self-referrals and hidden homeless.
  • An audit of existing provision including move-on and permanent housing.
  • An evaluation of broad social policy and procedures and how they reflect upon supply and demand.
  • A review of structures and resources.

Any future Housing Bill must follow the examples of England, Scotland and Wales and increase the protection afforded to homeless people. The continuing high levels of homelessness in Northern Ireland illustrate the fact that the current legislation has failed to provide protection for our most vulnerable citizens.

written submission by:
carrickfergus borough council

Incidence of people sleeping and living in streets and therefore homeless

According to the local Housing Executive Office and PSNI there is no such problem in the Borough of Carrickfergus.

People registering as homeless are for reasons such as family disputes, intimidation, loss of home through fire damage etc.

For Carrickfergus the following statistics as supplied by NIHE are:

 

1999

2000

Number presented

269

365

Number awarded full duty status

94

151

Number placed in temporary accommodation

17

21

Carrickfergus has only two facilities for homeless people

1. White Lodge Court- Shack Housing Association

2. Privately owned Bed and Breakfast.

When these are full applicants are sent to other areas i.e. Antrim, Ballymena, Belfast, Larne. This poses a serious problem since at times of crisis, family support, which is invaluable, is lacking. Lack of finance for the homeless adds to the problem. The problems relating to the homeless may be summarised as follows:

  • More local accommodation is needed. There is no emergency accommodation for families in the Carrickfergus area.
  • This lack needs to be addressed and rectified. Bed and Breakfast rooms are not suitable for families. It is not acceptable that people are turned out of their rooms in the morning and not allowed back until late afternoon. It is not acceptable that residents cannot make themselves a cup of tea in their rooms
  • There is an anomaly whereby NIHE are responsible for "homeless" from 9-5pm on weekdays and outside these hours and weekends the responsibility lies with Social Services. This can lead to the from "Pillar to post" scenario.
  • There is a need for a 24hour in house service within the Housing Executive.
  • The use of B and B's for families with young children should not be considered as an option.
  • The use of B and B's, as temporary accommodation needs to be more closely monitored and discouraged
  • The Housing Executive should consider using refurbished, furnished, void properties as soon as possible.
  • Temporary accommodation users should be visited on a monthly rather than a quarterly basis.
  • Support services should be co-ordinated as soon as possible
  • Staff dealing with the homeless should be properly trained
  • Extra funding should be made available to the Housing Executive to enable an enhanced provision of service.

COUNCILLOR JANET CRAMPSEY
Carrickfergus Borough Council

written submission by
newry & mourne district council

11 February 2002

Please find detailed below the Newry and Mourne District Council's response to the Homelessness Consultation in Northern Ireland. I apologise we are past the set deadline for returns but we tried to consult with as many groups as possible locally and just received the last of the feedback on Friday last.

Simon Community - Newry provided the following figures specifically for our area in 1999/2000 and 2000/2001.

1999/2000

Numbers of referrals 268

Number of admissions 84

Number of Departures 78

2000/2001

Number of referrals 211

Number of admissions 58

Number of Departures 56

The feedback has highlighted four common areas of concern and which I have detailed below and should be taken into account of in any review:

There is a need to have a strategic requirement for the prevention of homelessness, and any response to it in the Housing legislation. The groups/individuals covered by priority need (FDA) needs to be widened out.

There needs to be greater co-operation between Welfare Rights/Citizen Advice Bureaux Services and NIHE on the extent of information/advice available to individuals and groups.

There is a strong reliance on temporary accommodation and B&Bs for single homeless people which is unsatisfactory. The inclusion of this group in any strategic review is essential in order to move away from this arrangement.

Trusting you will find our comments helpful.

CATHERINE DONNELLY
Community Services Officer

 

LIST OF WRITTEN EVIDENCE SUBMITTED
TO THE COMMITTEE

LIST OF WRITTEN EVIDENCE SUBMITTED TO THE COMMITTEE

Northern Ireland Housing Executive

Housing Rights Service

Children's Law Centre

Armagh and Dungannon Health and Social Services Trust

Craigavon and Banbridge Community Health and Social Services Trust/Young Persons Project

Shelter NI

Northern Ireland Federation of Housing Associations

Ballymena Borough Council

North and West Belfast Health and Social Services Trust/Emergency Out of Hours Service

Simon Community, Northern Ireland

Chartered Institute of Housing in Northern Ireland

Law Centre, Northern Ireland

Homefirst Community Trust

Causeway Health and Social Services Trust

Disability Action

NIACRO

Council for the Homeless (Northern Ireland)

Carrickfergus Borough Council

Newry and Mourne District Council

 

GLOSSARY

CHNI Council for the Homeless Northern Ireland

CIH Chartered Institute of Housing

DETR Department of Environment, Transport and the Regions

DHSS Department of Health and Social Security

DOE Department of the Environment

DSD Department for Social Development

DTLR Department of Transport, Local Government and the Regions

FDA Full Duty Applicants

HB Housing Benefit

NIACRO Northern Ireland Association for the Care and Resettlement of Offenders

NIFHA Northern Ireland Federation of Housing Associations

NIHE Northern Ireland Housing Executive also referred to in this Report as the 'Executive'

PBNI Probation Board Northern Ireland

PSNI Police Service Northern Ireland

RSL Registered Social Landlords

SNMA Special Needs Management Allowance

YPP Young Persons Project

Household is deemed to be an individual, a number of family members or a family which presents as homeless

Overcrowded is considered, for the purposes of this Report to mean "a house occupied by two, or more, families"

Priority Need is considered, for the purposes of this Report to be the definition contained in Housing (Northern Ireland) Order 1998 Part 2 Article 5 (1)


[1]   Northern Ireland Housing Executive Official Statistics, 2001

 

[2]   The Northern Ireland Housing Market:  Reviews and Perspectives 2001-2004, NIHE

 

[3] Northern Ireland Housing Executive Statistics, 2001

 

[4] Social Exclusion Unit, www.seu.gov.uk

 

[5] The Scottish Office, "Investing in Modernisation - An agenda for Scotland's Housing", A Green Paper 1999.

 

[6] 'Health for All', WHO, 1993

 

[7] Northern Ireland Housing Executive Statistics, 2001.


[1] NIHE Homelessness Strategy and Services Review Report

 

[2] Prison Link is a joint initiative between NIACRO and the Probation Board of Northern Ireland offering a range of families of prisoners and released prisoners.


[1]   Homelessness: An Action Plan for Prevention and Effective Response.  Report from the Homelessness Task Force to Scottish Ministers.

 

[2] Homelessness Strategy and Services Review, Northern Ireland Housing Executive 2001. 

 

[3] Homelessness: An Action Plan for the Prevention and Effective Response.  Report from the Homelessness Task Force to Scottish Ministers, December 2001.

 

[4] Homelessness Strategy and Services Review, Appendices Document, NIHE, 2001.

 

[5] Draft Code of Guidance for Local Authorities, Chapter 7, Allocation of Accommodation and Homelessness, December 2000.

 

[6] 'Looking for Change', DTLR and Rough Sleepers Unit, September 2001.

 

[7] Frontline, Summer Edition, 2001.

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