Policy
This policy takes into account the statutory requirements on local authorities in respect of the suitability of accommodation, including the Homelessness (Suitability of Accommodation) (England) Order 2012, and the Homelessness Code of Guidance 2018. Consideration will be given as to whether the applicant can afford the accommodation without being deprived of essentials such as food, clothing, and utilities. Location of the accommodation may be a factor in these calculations.
Households with dependent children.
Wherever possible, the Council will avoid placing households with dependent children and/or a pregnant woman, in bed and breakfast accommodation. Where no other suitable accommodation exists and such placements are necessary, the Council will use every endeavour to move these households to more suitable self-contained accommodation within six weeks. A suitable property may be out of the district.
16 / 17-year-old young people
B&B accommodation is not considered suitable for single applicants aged 16/17years and every effort will therefore be taken to secure access to supported accommodation for young people in this age group via the Essex Young People’s Partnership.
Accommodation available in the district
If suitable accommodation is available in the Braintree District, applicants will be housed within the local area. However, when there is a lack of suitable accommodation in the district, out-of-area placements will be used to meet the Council’s housing duties. Given the shortage of accommodation locally, bed and breakfast accommodation and non-self-contained, nightly paid accommodation outside of the district may be considered suitable for short-term, interim placements.
Affordability
An affordability assessment of the accommodation will be carried out by Braintree District Council, having due regard to s.17.46 of the Homelessness Code of Guidance 2018 (v0.14). The Council may also consider the affordability of accommodation in deciding where to provide it: the decision regarding entitlement for support with rent and eligible charges will be taken by the appropriate agency (Housing Benefit Team or Department for Work & Pensions).
Size and standard of the property
Accommodation must provide adequate space and room standards for the household and be fit to inhabit; although accommodation that may not be suitable for a long period, may be suitable for a shorter one. The quality of decoration/furniture, the layout/type of accommodation, provision of parking and lack of access to a garden are unlikely to be an acceptable reason for a refusal.
When an out of area placement is made in a property for the first time, the Council will take steps to ensure that the property is of an appropriate standard. Where the property is not part of an established, reputable chain, eg Premier Inn, Travel Lodge, an enquiry will be made of the local authority Environmental Health Team within five working days of the placement being made to confirm suitability of the standard of the accommodation and the provider. Where necessary, a request will be made of the receiving authority that an inspection be carried out.
Certification will be obtained for EPC, gas, and electrical safety in PRS accommodation.
The reason for an out of area placement being made and the factors considered will be detailed in the Council’s Placement Record.
Where the household has found their own accommodation or has expressed a preference to move to a distant area and agreed in writing that they are happy to move to accommodation which has not been independently inspected, checks will not be initiated by Braintree District Council.
Out of district placements
In an emergency, a homeless household may be placed in temporary accommodation in any location where there is availability on the day. If a property is deemed unsuitable for the longer term, the household will be given priority to be transferred to alternative temporary accommodation. An out-of-district placement may also be required in order to protect the household (eg in cases of gang-related violence or domestic abuse) and a move back to the district may not, then, be appropriate.
In determining whether a property outside the district is suitable in the longer term, the requirements set out in the legislation and statutory guidance need to be taken into account. As part of the assessment of needs and circumstances required by s189a HA1996, the Housing Options Officer will take into consideration the following factors when identifying temporary or settled accommodation (this does not guarantee that accommodation will be in the district):
- Health and well-being factors
The Council will consider health factors, such as the ability to climb stairs, any care and support provided by other statutory agencies and the need to access any specialist medical services in the Braintree District. If the applicant or a member of their immediate household is citing medical grounds that were not identified during the initial assessment, the applicant must submit medical evidence within 24 hours. The key test in determining the impact of medical issues is whether the condition renders the property offered unsuitable. Other well-being factors, such as the need for and availability of support from family members will also be considered. Generally, travel of up to an hour to deliver care or support would be considered reasonable, but individual circumstances will be taken into account.
- Treatment
Applicants with a severe and enduring health condition which requires intensive and specialist medical treatment.
- Care Package
Applicants who are in receipt of a significant package and range of healthcare support that cannot easily be transferred.
- Mental Health Treatment
Applicants with a severe and enduring mental health problem who are receiving psychiatric treatment and aftercare provided by community mental health services and with an established support network where a transfer of care would severely impact their well-being.
- Children’s Social Care
Households with children registered on the Child Protection register, or families who have high social welfare needs who are linked into local health/social care services and where it is confirmed that a transfer to another area would have a significant impact on their welfare.
- Carers
Applicants who have a longstanding arrangement to provide care and support to another family member in the district, who is not part of the applicant’s household and who would be likely to require significant statutory health and social support if the care ceased. Generally, travel of up to an hour to deliver care or support would be considered reasonable, but individual circumstances will be taken into account.
- Special Educational Needs
Households containing a child with special educational needs, who is receiving education or educational support in the Braintree District, where the Council is satisfied that a change would be detrimental to their well-being.
- Proximity to schools and services
Maintaining attendance at an existing school will not usually be considered a reason to refuse accommodation, although some priority will be given to special educational needs and students who are close to taking public examinations, in determining priority for placements in the district. Proximity to schools, public transport links and primary care services will all be considered. Wherever practicable, households will be placed within 60 minutes’ travelling distance of their school or college.
- Employment
The Council will consider the needs of applicants who are in paid employment to reach their usual place of work from the accommodation that is secured. A journey-to-work time of up to 90 minutes (each way) will be considered reasonable.
- Households with pets
The Council will be sensitive to the importance of pets to some applicants, with due regard to S17.67 Homelessness Code of Guidance 2018(v0.14). Unfortunately, it will not always be possible to make provisions for pets (except assistance dogs). Applicants may wish to arrange for pets to be looked after by friends or family.
- Any special circumstances
The Council will consider any other reasons put forward by the applicant and come to an overall view about whether an offer is suitable.
Where the Council decides that applicants housed under s188 HA1996 (as amended) are not owed the main homelessness duty, they will be asked to leave any interim accommodation provided, usually within a maximum of twenty-eight days of receiving a homelessness decision letter.
These are guidelines only and the individual circumstances of each case (including the length of time likely to be spent in the accommodation) must always be considered when determining the suitability of an offer.
In all circumstances where the Council places a household out-of-area in discharge of any homelessness duty, the receiving local authority will be notified by way of a section 208 notification.
Further information relating to:
- the right to review of decisions on suitability
- which applicants may be considered suitable for an offer of accommodation in the private rented sector can be found in Appendix 1 to the Gateway to Homechoice Allocations Policy.
