Homelessness Policy Watch
A review of government policies which impact on
homelessness by Crisis and NPI
ABOUT HOMELESSNESS
Welsh Legislative Framework
The National Assembly for Wales is a devolved administration, which had, until 2007, only secondary legislative powers[1]. This meant that primary legislation passed in Westminster applies to Wales. In terms of homeless legislation, Wales had therefore followed a very similar pattern to England. In particular, it has been subject to the 1996 Housing Act, the 2002 Homelessness Act and the 2004 Housing Act. For a more detailed explanation of these acts, see the English Legislative Framework section.
As of May 2007, the Assembly has been able to make its own laws on those devolved areas in which they have been given Legislative Competence Orders. These laws will be called Assembly Measures and will be similar to Acts of Parliament. One area in which these powers are being sought is homelessness, where Shelter Cymru are lobbying for a Legislative Competence Order for amendments to be made to intentional homelessness.
Even prior to this, the Assembly had used its secondary legislative powers to influence provision for homeless people in Wales. It introduced the Priority Need (Homeless) (Wales) Order 2001 and is planning to introduce legislation to restrict the use of temporary bed-and-breakfast accommodation for homeless vulnerable people. It has also used its powers to restrict resale of Right To Buy in certain rural areas.
KEY SECONDARY LEGISLATION
The Priority Need (Homeless) (Wales) Order 2001
The Priority Need (Homeless) Wales Order 2001 broadened the categories of people to be considered in priority need. It means that, in addition to those set out in sections 193 and 195 of the 1996 Housing Act[2], the following became priority need categories:
- A care leaver or person at particular risk of sexual or financial exploitation, 18 - 21 years old,
- A 16- or 17-year-old,
- A person fleeing domestic violence or threatened with domestic violence,
- A person homeless after leaving the armed forces,
- A former prisoner homeless after being released from custody,
These groups are similar to the regulations introduced by the Homelessness (Priority Need for Accommodation) (England) Order in 2002. However, the categories of the Priority Need (Homeless) (Wales) Order in Wales are intended to be slightly broader.
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Whereas in England there is a need to prove vulnerability in the case of prison leavers, people leaving the armed forces and people fleeing violence, this is not the case in Wales.
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In Wales, a care leaver qualifies if he or she was in care at any time, however short, as a child, whereas in England, the care leaver must have been in care when 16 or 17 years old.
Although the category definitions are intended to result in a broader, more generous interpretation of the legislation (with less room for local authority discretion), it is unclear whether this is the case in practice. Research by Shelter Cymru, 'First Contact 2003 Revisited: Local Authority Responses to Homelessness Enquiries', found that local authorities, under pressure from the widened categories and lack of resources, are increasingly becoming gate-keepers.
Secondary legislation to restrict bed-and-breakfast use
The Assembly has been considering introducing secondary legislation relating to placement of homeless households in temporary bed-and-breakfast accommodation. Reducing the use of temporary bed-and-breakfast accommodation is an Assembly priority (as stated in The National Homelessness Strategy,[3] and yet there have been dramatic increases in its use (the most recent figures show a doubling in the number in 2003 and sevenfold increase since 1997: See Temporary Accommodation - Wales section).
The main elements of the proposals are:
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From 2007, bed-and-breakfast use among homeless families and young people (16- and 17-year-olds) restricted to a maximum of 6 weeks.
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From 2008, restrictions extended to all homeless vulnerable households.
It also sets two bed-and-breakfast standards (based on similar components of the new Housing Health and Safety Rating System set out in the Housing Act 2004). Where the standard is classified as ‘basic', the maximum stay will be limited to two weeks. Where the higher standard is reached, the maximum stay will be six weeks. Those that fall well below the standard will not be used at all. These standards are stricter and more wide ranging than those set in Scotland and England. They will become even more so if applied, as planned, to all forms of temporary accommodation.
Secondary legislation affecting Right To Buy
There have been calls for an end to the Right To Buy council houses from all sectors in Wales,[4] but this would require to changes to primary legislation, which in turn would require legislative changes in Westminster. The Assembly is, however, allowed to introduce secondary legislation to restrict the re-sale of properties under Right To Buy. The Housing (Right to Acquire and Right to Buy) (Designated Rural Areas and Designated Regions) (Wales) Order 2003 means that local authorities now have the option to restrict re-sale to those that have lived in the area for three years, or to insist that the local authority is given the first refusal. Applicable rural areas (at ward level) are determined in statutory instrument.
Suitability of temporary accommodation
The Homelessness (Suitability of Accommodation) (Wales) Order 2006 sets out minimum standards for temporary accommodation in Wales. It outlines a "fit and proper person" test for owning and managing temporary accommodation, and, in some detail, sets out the minimum standards of space, heating, cooking areas and security such accommodation should meet. It also sets out different standards of accommodation according to the type of family being housed - essentially, young people, families with children and pregnant women staying for longer than 2 weeks can expect a higher standard of accommodation.
End notes
[1] 'Primary legislation' are acts or statutes which apply in their own right. 'Secondary legislation' are orders, rules, regulations or schemes which are under the authority of a previous Act and are used to state the law in more detail. Back to text
[2] Pregnant women, person with dependent children, person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, a person who is homeless, or threatened with homelessness as a result if an emergency such as flood, fire or other disaster. Back to text
[3] The Strategy aims to "eliminate the need for the use of bed and breakfast accommodation for homeless families and minimise it for others". Back to text
[4] For example, the Shelter Review of the National Homelessness Strategy (2005) flags Right to Buy as a real barrier in achieving the aims of the Strategy. Back to text
Page last modified on 24/07/2007 at 17:41