Homelessness Law: Intentionally Homeless

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Questions and Answers

What is the main concept of 'polarities' in relation to homelessness, as discussed in the text?

Policy responses are often either punitive or preventative, depending on the perception of homelessness as a moral failing or a social problem.

Perceptions of homelessness are polarized, reflecting the different ways people perceive the cause and solutions to this problem. (correct)

The presence of polarities in representations of homelessness highlights the complex and multifaceted nature of the issue.

There is a clear dichotomy in public perception of homelessness, ranging from blaming individuals for their situation to recognizing systemic factors.

What is the potential result of all approaches to homelessness, regardless of whether punitive or compassionate?

They can further isolate the homeless population from the larger community. (correct)

They can inadvertently contribute to a culture of blame and shame among the homeless.

They can exacerbate the existing social and economic inequalities that contribute to homelessness.

What does the text suggest is a common perception of homelessness as presented in a 1976/1977 Parliamentary debate?

Public opinion often places responsibility on individuals, highlighting the role of poverty in homelessness.

Homelessness is often viewed as a consequence of personal choices or actions. (correct)

Homelessness is frequently perceived as a result of systemic failures and social injustices.

The debate centered around the need for stronger social safety nets to address homelessness.

Based on the text, what is the implication of the statement "No-one really becomes homeless….intentionally; the word is a convenient label to describe the result of acting or failing to act as described in the Act."

Homelessness should be viewed as a result of individual choices and failures, rather than systemic factors., (D) Signup and view all the answers

What is the potential benefit of understanding the concept of 'polarities' in relation to homelessness?

It provides a framework for analyzing and understanding the complex causes and consequences of homelessness. (B) Signup and view all the answers

According to the provided content, what does the term "deliberate" refer to in the context of homelessness?

An action taken after evaluating all relevant information and facts. (C) Signup and view all the answers

What is the significance of section 191(2) of the Housing Act 1996 (HA 1996) in assessing homelessness?

It clarifies that unintentional acts, even if they lead to homelessness, cannot be considered deliberate. (D) Signup and view all the answers

The content mentions the "purpose of the Act." What is a key underlying principle of the Act, as described in the content, when considering homelessness cases?

To ensure that those who are genuinely homeless, without fault, are provided with housing. (A) Signup and view all the answers

The content references a case, Devenport v Salford City Council (1983). What concept related to homelessness does this case clarify?

The definition of "deliberate" in the context of homelessness. (D) Signup and view all the answers

The content suggests two different views on the purpose of the Act related to homelessness. Which of the following best reflect these two views?

To protect individuals facing homelessness from unfair treatment vs. to hold individuals accountable for their actions that lead to homelessness. (B) Signup and view all the answers

What are the two scenarios where the chain of causation for homelessness is broken?

When the applicant's conduct is no longer reasonably linked to their current homelessness, and when the homelessness is caused by an unrelated event. (A) Signup and view all the answers

What is the test used to determine whether accommodation is considered "available for occupation" by the applicant?

The test is objective, considering the reasonable expectations of a person in the applicant's situation. (C) Signup and view all the answers

What is the key factor considered when determining if it was reasonable for the applicant to continue occupying the accommodation?

The potential for violence or domestic abuse if the applicant remained in the accommodation. (A) Signup and view all the answers

What is the connection between the definition of "homeless" and the question of "reasonable to continue occupy"?

They both involve a similar test, considering objective factors related to the individual's circumstances. (A) Signup and view all the answers

What distinguishes a 'matter of hope' or 'closing one's eyes to the obvious' from a relevant fact?

A matter of hope or closing one's eyes to the obvious is a relevant fact in court, but it has to be actively believed based on a genuine investigation of a specific state of affairs. (C) Signup and view all the answers

What is the key element that must be met in addition to lack of awareness for an applicant's deliberate act or omission to be deemed as 'good faith'?

There must be evidence that the applicant was unaware of the relevant facts and acted without intending to deceive or mislead. (D) Signup and view all the answers

In the context of deliberate acts or omissions, what is the importance of the case R v Westminster ex p N-Dormadingar (1997)?

It outlines principles that differentiate 'good faith' from 'wilful ignorance' or 'shutting one's eyes to the obvious.' (C) Signup and view all the answers

What is the main point illustrated by the example of Aw-Aden v Birmingham City Council (2006) regarding relevant facts?

Misplaced beliefs regarding job prospects are not considered relevant facts in court. (D) Signup and view all the answers

In the context of deliberate acts or omissions, what is the burden of proof?

It lies with the landlord or housing authority to prove that the applicant deliberately acted or failed to act. (C) Signup and view all the answers

What is the significance of the case Trindade v London Borough of Hackney (2017) in the context of deliberate acts or omissions?

It clarifies that the applicant needs to be actively aware of relevant facts and act based on a genuine investigation. (D) Signup and view all the answers

What is a key difference highlighted in the text between R v Wandsworth ex p Rose (1983) and Aw-Aden v Birmingham City Council (2006)?

The court's definition of what constitutes a relevant fact in determining deliberate acts or omissions. (D) Signup and view all the answers

What principle is illustrated by the cases R v Westminster ex p Obeid (1996) and Trindade v London Borough of Hackney (2017)?

The importance of active belief and genuine investigation when considering relevant facts (C) Signup and view all the answers

What was a significant issue in the Terryann Samuels case regarding her rent payments?

She claimed her rent was unaffordable. (B) Signup and view all the answers

In the Supreme Court's decision regarding Samuels, what was determined about non-housing-related welfare benefits?

They should be included for assessing rent payment capability. (B) Signup and view all the answers

What should be compared to determine 'affordability' according to the Supreme Court ruling in Samuels?

All sources of income against reasonable living expenses. (D) Signup and view all the answers

What did the Court of Appeal conclude in Baptie v Kingston upon Thames concerning minimum standards?

The applicant's minimum needs must be considered. (B) Signup and view all the answers

How do the housing regulations differ between England and Wales?

Local authorities in Wales may choose whether to apply the intentional homelessness test. (C) Signup and view all the answers

What was highlighted in the developments regarding affordability concerning universal credit?

Local authorities are guided by universal credit standard allowances. (C) Signup and view all the answers

What aspect was notably omitted in the London Borough of Hackney case regarding the benefit cap?

Transport and judgment debts. (C) Signup and view all the answers

Which statement regarding the priority need test is true in the context of Scottish law?

It does not apply at all. (D) Signup and view all the answers

What does the IH test refer to?

A test that determines whether a person is intentionally homeless. (D) Signup and view all the answers

What are the potential implications of the Samuels case on welfare benefit reforms in the context of a cost of living crisis?

The case could emphasize the need for increased welfare benefit levels, particularly for those struggling with affordability. (C) Signup and view all the answers

What are some of the issues that are being raised in relation to the affordability of housing?

The rising cost of rent, the scarcity of housing, and the potential for gentrification. (B) Signup and view all the answers

What is the meaning of the word “deliberate” in the legal context, specifically in the case of R v Wandsworth ex p Hawthorne?

Acting intentionally with full awareness of the implications of one’s actions. (B) Signup and view all the answers

How does the text address the idea of a “constrained choice” in the context of intentional homelessness?

The text emphasizes that even when faced with limited options, a choice still exists and can be considered intentional. (B) Signup and view all the answers

What does the text suggest about the role of the local housing allowance (LHA) in relation to affordability?

The text states that LHA is not considered a significant factor in assessing affordability as rent prices continue to rise. (B) Signup and view all the answers

What is the main issue debated in the case of R v Wandsworth ex p Hawthorne, as cited in the text?

Whether individuals can be considered intentionally homeless even if their housing circumstances are influenced by a lack of financial resources. (C) Signup and view all the answers

What does the text suggest about the connection between benefit levels and caps, and affordability?

The text states that benefit levels and caps are not the only determinants of affordability, suggesting other factors, such as rising living costs, need consideration. (C) Signup and view all the answers

Study Notes

Homelessness Law & Policy: "Intentionally Homeless"

The presentation discusses the legal framework surrounding the concept of "intentionally homeless" individuals.
It outlines the different stages and duties of local authorities in relation to homelessness.
The presentation examines the statutory definition of intentional homelessness, and the six elements comprising the test.
The presentation covers recent cases regarding affordability of accommodation and considerations affecting intentional homelessness, including choices.
This presentation explores the background and context of the "intentionally homeless" test.
Different situations where homelessness arises, such as rent arrears, unaffordable accommodation, relationship breakdowns, and relocation due to violence.
The presentation highlights the controversies surrounding the concept of intentional homelessness, contested cases, and societal perceptions.

Nature of the "Intentionally Homeless" Test

The concept of intentionally homeless is controversial. There are contested cases.
The term itself is subject to interpretation and debate.
The presentation investigates the notion of blameworthiness, stupidity, and normality in relation to such individuals.
It discusses the scrutiny surrounding applicants' life choices and decisions.
Social perceptions and policy responses towards homelessness are also addressed.

Perceptions and Polarities

Polarities exist in perceptions and portrayals of homelessness, evident in policy responses.
An axis of agency (free/unfree) and an axis of valuation (profane/sacred) is presented.
There exist opposing views on the responsibility and morality of individuals facing homelessness.

Background/Origins of the Test

The presentation covers the history of the test through parliamentary debates.
It analyzes the role of the concept of "self-induced homelessness" and arguments about a safety net for people at risk.
It also discusses the Homelessness Code of Guidance and relevant case law.
The presentation examines the language used in the relevant legislation, scrutinizing its implications for the fairness of the system.

Part 2: When “Intentionally Homeless” Matters

The duties of Local Authorities regarding those threatened by homelessness.
Individuals potentially becoming homeless are subject to prevention duties related to local authorities.
Homelessness with a clear or potential intentionality affects how Local Authorities respond.
Specific stages of homelessness (threatened, homeless, intentionally homeless) define the extent of duties on Local Authorities, such as providing interim accommodation.

Part 3: Statutory Definition

The presentation provides the statutory definition from the Housing Act 1996 for intentional homelessness.
It distinguishes between the act or omission itself and the resulting homelessness.

Part 4: Six Elements of the Test

A detailed breakdown of the six elements to determine intentional homelessness.
These are critical to applications and decisions.

Q(1): Deliberate Act/Omission?

The presentation defines deliberate action and omission, referencing relevant legal decisions.
The presentation clarifies the legal meaning and application of deliberate action regarding cases where individuals may not have been aware of relevant facts, or whether there were realistic alternatives.

Q(2): Was the Deliberate Act/Omission by the Applicant?

The presentation emphasizes the importance of determining if the actions leading to homelessness were the applicant’s own doing or influenced by external factors.
The presentation clarifies that an authority can assume acquiescence unless contradictory evidence is presented.

Q(3): Consequence/Causation

It identifies causation in relation to homelessness, examining factors that contributed to the situation’s origins.
The presentation discusses various cases and principles to understand causation effectively and fairly.
A key element in this discussion is how previous events that may have been a factor in the causes of homelessness and whether any supervening events broke the casual chain.

Q(4): Operative Cause of Homelessness?

Factors that determine if an earlier deliberate act or inaction are the direct cause of the homelessness issue, or if other factors are equally, or more, relevant.

Q(5): Was Accommodation Available?

Criteria to determine if suitable living accommodations were available for the applicant/those associated with the applicant at the time the accommodation issue occurred.

Q(6): Reasonable to Continue to Occupy?

Determining whether it was reasonable for a person to continue living in a certain location.
It includes consideration of affordability and, whether the situation was impacted by factors like domestic violence.
Also including an analysis/discussion of affordable accommodations and welfare benefit policies relevant to such issues during the appropriate timeframe.

Part 5: Recent Developments

The presentation discusses the changing legal landscape regarding affordability.
Relevant cases outlining considerations concerning whether homelessness was caused by the person's actions or by unaffordable accommodation.

Part 6: Reflection and Comparison

Comparing the English law on this subject with laws in other jurisdictions like Wales and Scotland, along with recent legal developments.
Providing insights into the practical application of the law.

Conclusion and Further Issues

Further issues pertinent to homelessness, such as the implications of significant judgments, rising poverty, and the relationship between welfare benefits and cost of living.
Concerns are highlighted about the effectiveness of various legal and welfare systems, along with an outline of potential issues and future concerns regarding this area of law.

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Description

This presentation provides an in-depth analysis of the legal concept of 'intentionally homeless' within homelessness law and policy. It covers the duties of local authorities, statutory definitions, relevant case studies, and societal perceptions, exploring various situations that lead to homelessness. Additionally, it addresses recent controversies and debates around this critical issue.