LGA consults on amendments to guidelines on referrals of homeless applicants

The Local Government Association is consulting with local housing authorities on draft amendments to the voluntary guidelines on the procedure for referrals of homeless applicants to another local authority, and for invoking the disputes procedure.

In the consultation paper, which can be viewed here, the LGA said: “The main purpose of the guidelines is to avoid so far as possible legal disputes (i.e. in court proceedings) between local housing authorities in relation to whether the conditions for local connection referral are met.”

The Assocation said the drafts had been prepared by amending the Annex 18 of the existing Homelessness Code of Guidance. It added: “We have not been made aware of any particular problems in operating the guidelines as set out in Annex 18, and there is little in the way of reported case law to indicate any real difficulty. In fact, it is worth recalling that in Ozbek v Ipswich BC [2006] EWCA Civ 534; [2006] HLR 4, Chadwick LJ highlighted the value of the guidelines in providing ‘as basis for speedy and inexpensive resolution of disputes between authorities’ [37]-[38].

“We therefore believe there remains real purpose in retaining a version of these guidelines, even though they have no statutory force and are separate from any agreement for the purposes of, for example, the 1998 Order.”

The draft guidelines being consulted on have been amended to:

a. Respond to new duties in the Homelessness Reduction Act and the proposed Code of Guidance, which is currently a draft

b. Reflect legislative developments in England

c. Reflect legislative developments in Wales and Scotland

d. Reduce the length where there is overlap with the new proposed Code of Guidance.

The LGA said that the consultation was aimed at local authorities, though the views of partners were also welcome. These proposals relate predominantly to English local housing authorities, and to Welsh and Scottish local authorities with regards cross-border issues.

The consultation runs until 13 March 2018.