Gatekeeping (UK housing term)

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Gatekeeping is a term in British housing law which describes when a Council refuses to accept a homelessness application and/or provide accommodation when they have a legal duty to do so. Pressure for Councils to engage in "gatekeeping" can be the result of the high cost of providing temporary accommodation or there simply not being enough housing within a borough to accommodate homeless applicants. Gatekeeping practices of some local authorities have been challenged by judicial review.

Contents

Examples

In 2015 Inside Housing reported that Southwark Council admitted to 'poor practices' including forcing applicants to prove that they are homeless through no fault of their own and requiring that a person be unemployed in order for the Council to provide interim accommodation. [1]

Litigation

In R (on the application of IA) v City of Westminster Council [2013] Westminster City Council were criticised for gatekeeping by HHJ Anthony Thornton QC.

“Where, as in this case, it appears that the applicant is depressed, alone, unable readily to cope with day-to-day living tasks, unemployed and possibly unemployable, has no settled links with England or the English way of life and has minimal support mechanisms at his disposal, the inquiries would be expected to extend to a detailed inquiry into the applicant’s way of life prior to his homelessness……it would have been impossible for any of these inquiries to be undertaken in this case during the initial screening interview.” [2]

Criticism

Caroline Davey of the charity Shelter has criticised 'gatekeeping'. The campaign group Shelter have stated that some authorities prevent homeless applicants from having their right to accommodation under the homelessness legislation due to 'gatekeeping'. [3]

Related Research Articles

<span class="mw-page-title-main">Homelessness in the United States</span> Human condition

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<span class="mw-page-title-main">Homeless shelter</span> Service agency which provide temporary residence for homeless people

Homeless shelters are a type of homeless service agency which provide temporary residence for homeless individuals and families. Shelters exist to provide residents with safety and protection from exposure to the weather while simultaneously reducing the environmental impact on the community. They are similar to, but distinguishable from, various types of emergency shelters, which are typically operated for specific circumstances and populations—fleeing natural disasters or abusive social circumstances. Extreme weather conditions create problems similar to disaster management scenarios, and are handled with warming centers, which typically operate for short durations during adverse weather.

Housing Benefit is a means-tested social security benefit in the United Kingdom that is intended to help meet housing costs for rented accommodation. It is the second biggest item in the Department for Work and Pensions' budget after the state pension, totalling £23.8 billion in 2013–14.

Local Housing Allowance (LHA) was introduced on 7 April 2008 to provide Housing Benefit entitlement for tenants renting private-sector accommodation in England, Scotland and Wales. The LHA system introduced significant changes to the way Housing Benefit (HB) levels are restricted and how benefit is paid. It did not replace Housing Benefit - it is just a different way of calculating entitlement under the existing Housing Benefit scheme: the Local Housing Allowance is based on the 30th percentile of local rented accommodation, while the 50th percentile or median was used from the introduction of the policy until 2011. LHA rates relate to the area in which the housing-benefit claim is made. These areas are called "Broad Rental Market Areas", defined as "where a person could reasonably be expected to live taking into account access to facilities and services", and a selection of rents in the area are used to determine the LHA for each category of housing in the area.

Homelessness in England Overview of homelessness in England

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... necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;

Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly award damages. A court may impose an injunction upon the public body.

Homelessness in the United Kingdom Overview of homelessness in the United Kingdom

Homelessness in the United Kingdom is measured and responded to in differing ways in England, in Scotland, Wales and Northern Ireland but affects people living in all areas of the countries.

Homelessness in Scotland

Homelessness in Scotland is considered a serious social issue. Since the Scottish devolution from the United Kingdom in 1999 and the reconvening of the Scottish Parliament homeless legislation and policy in Scotland has diverged in important ways from the rest of the UK.

<span class="mw-page-title-main">Homelessness</span> Circumstance when people have no permanent home

Homelessness or houselessness – also known as a state of being unhoused or unsheltered – is the condition of lacking stable, safe, and adequate housing. People can be categorized as homeless if they are:

New York City Department of Homeless Services

The New York City Department of Homeless Services (DHS) is an agency within the government of New York City that provides services to the homeless, though its ultimate aim is to overcome homelessness. The guiding principles of the department were outlined at a 1992 New York City Commission on the Homeless: to operate an emergency shelter system for people without housing alternatives, provide services and resources to assist shelter residents in gaining independent housing, and partner with local agencies and non-profits to provide these services. Its two rules are compiled in title 31 of the New York City Rules; state regulations are primarily compiled in title 18 of the New York Codes, Rules and Regulations.

The under-occupancy penalty results from a reform contained in the British Welfare Reform Act 2012 whereby tenants living in public housing with rooms deemed "spare" face a reduction in Housing Benefit, resulting in them being obliged to fund this reduction from their incomes or to face rent arrears and potential eviction by their landlord. The under-occupancy penalty is more commonly referred to as the Bedroom Tax; especially by critics of the changes who argue that they amount to a tax because of the lack of social housing for affected tenants to downsize to.

<i>Nzolameso v City of Westminster</i>

Nzolameso v City of Westminster was a 2015 judgment by the Supreme Court of the United Kingdom that considered the way that local councils fulfil their duty to house the homeless. Section 208(1) of the Housing Act 1996 requires all local housing authorities to secure accommodation within their own district "so far as reasonably practicable".

The Australian Housing and Urban Research Institute (AHURI) is a national not-for-profit independent network organization that funds, conducts, disseminates, and tailors research on housing, homelessness, cities and urban policy. The organisation's funding is received from the Australian Government, state and territory governments, as well as contributions from partner universities. As the only organisation in Australia dedicated exclusively to housing, homelessness, cities and related urban research, AHURI is a unique venture. Through its national network of university partners, AHURI undertakes research that supports policy development at all levels of government, assists industry in improving practice and informs the broader community. In 2022, AHURI had nine research partners across Australia.

Family Promise is a national 501(c)(3) nonprofit organization in the United States, founded by Karen Olson in 1988. Family Promise primarily serves families with children who are homeless or at risk of homelessness, with the mission of "help[ing] homeless and low-income families achieve sustainable independence through a community-based response."

Family homelessness

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<span class="mw-page-title-main">Homelessness in the United States by state</span>

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In September 2021, an average of 47,916 people slept in New York City's homeless shelters each night. This included 18,236 single adults, 14,946 children, and 14,734 adults in families. The total number peaked in November 2018, with 63,636 people sleeping in homeless shelters. Since March 2020, the number of people sleeping in shelters has declined significantly, likely an effect of the COVID-19 pandemic. The city reported that in 2019, 3,600 individuals experienced unsheltered homelessness.

References

  1. "'Gatekeeping' case could cause homelessness services overhaul". insidehousing.co.uk. Archived from the original on 2016-03-08. Retrieved 2015-07-31.
  2. "IA, R (on the application of) v City of Westminster Council (Rev 1) [2013] EWHC 1273 (Admin) (20 May 2013)". Bailii.org. Retrieved 2022-09-07.
  3. "Gatekeeping can have 'catastrophic effects on homelessness'". 24dash.com. Retrieved 2015-07-31.