Homelessness Law: Intentionally Homeless

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.