Homelessness law reform in Wales: What the new Bill means for local authorities and housing associations

The Welsh Government has introduced the Homelessness and Social Housing Allocation (Wales) Bill, which represents the most significant reform to homelessness legislation in Wales in over a decade. For local authorities and housing associations who help homeless people, these changes will fundamentally alter their duties, responsibilities and the way they deliver services.

Abolition of priority need and intentional homelessness

The most transformative aspect of the Bill is the abolition of differences in entitlement related to priority need and intentional homelessness. Local housing authorities must secure that suitable accommodation is available for occupation by an applicant if the authority is satisfied that the applicant is homeless and eligible for help.

This represents a landmark shift: local authorities will no longer be able to categorise homeless people based on their circumstances or how they became homeless. All eligible homeless people will be entitled to accommodation, potentially significantly expanding the scope of the main housing duty.

Earlier intervention and prevention

The definition of "threatened with homelessness" has been expanded to include persons who are likely to become homeless within six months, extending the current 56-day threshold significantly. When a local housing authority is satisfied that an applicant is threatened with homelessness and eligible for help, the authority must help to secure that suitable accommodation does not cease to be available for occupation by taking reasonable steps likely to achieve that purpose. This requires local authorities to develop prevention services and allocate resources to work with people much earlier.

Personalised prevention, support and accommodation plans

The Bill introduces a requirement for local housing authorities to prepare and maintain a "prevention, support and accommodation plan" for applicants. Authorities must seek to identify the outcome the applicant wishes to achieve from the authority's help, record the outcome in writing, and try to agree with the applicant the steps each party is to take.

Authorities must review assessments and plans when circumstances change, when a prevention duty is likely to end because the applicant is homeless, or at intervals of no more than eight weeks. This person-centred approach requires local authorities to develop new systems for co-producing plans with applicants and regularly reviewing them.

Duty to keep in touch and help retain accommodation

A new duty requires local housing authorities to take reasonable steps to contact certain applicants within two months after the end of five months from when the section 75 duty ended, with a view to identifying whether the applicant is or may be homeless or threatened with homelessness or is at risk of becoming so.

The Bill also creates a duty for local housing authorities to help secure that accommodation does not cease to be available for applicants who are not homeless or threatened with homelessness, for whom suitable accommodation is available that was retained or secured through homelessness functions, and who are considered by the authority to be at risk of becoming homeless or threatened with homelessness unless further help is provided. This duty lasts for 12 months from when the accommodation became available or when the applicant was notified of the duty, whichever is later.

'Duty to ask and act' for public bodies

The Bill creates a duty for specified public authorities to ask persons they consider may be homeless or threatened with homelessness to agree to the authority notifying a local housing authority, to identify which local housing authority they would like to be notified, and if the person agrees, to notify that authority. Specified public authorities include social services authorities, health boards, registered social landlords, prisons, probation services, Jobcentre Plus offices, and many others.

The notification to a local housing authority in Wales is to be treated as if it were an application by the person to the authority. This means local authorities must be prepared to receive and process referrals from a wide range of public bodies, potentially significantly increasing the volume of applications.

Enhanced duties for care leavers

The Bill creates a new duty for local authorities to take reasonable steps to secure that suitable accommodation is available for care leavers if their well-being requires it, during the period of three years beginning with the day the young person attains the age of 18. Care leavers are also given preference in social housing allocation schemes. This creates significant new duties requiring close co-operation between social services and housing departments.

Co-operation duties with housing associations

Where a local housing authority owes a duty to an applicant under section 75, it may request a social landlord that provides accommodation in its area to make the applicant an offer of suitable accommodation, and the social landlord must, within a reasonable period, comply with the request unless the landlord has good reasons for not doing so.

If a social landlord does not comply or does not respond within a reasonable period, the local housing authority may refer the matter to the Welsh Ministers, who may direct the social landlord to comply with the request. This creates new obligations for housing associations to work with local authorities and respond to nomination requests, with potential enforcement by Welsh Ministers.

Circumstances where duties end

Duties end if the local housing authority is satisfied that the applicant engaged in violent or threatening behaviour towards an individual carrying out activities connected with homelessness functions, the behaviour occurred during the relevant period, and there are no special circumstances that would make it appropriate for the duty to continue.

Duties also end if property has been destroyed or seriously damaged by the applicant or a person who resides with them, they intended the damage or were reckless, there is no reasonable excuse, and there are no special circumstances.

Duties end if the applicant has not responded to repeated attempts to contact them, the authority is not aware of special circumstances, the authority has given a warning notice, and a reasonable period has elapsed without contact.

Implications for local authorities and housing associations

For local authorities and housing associations who help homeless people, these reforms mean:

• Significantly expanded duties: All eligible homeless people will be entitled to accommodation, potentially doubling or tripling the number of people owed the main housing duty.

• Earlier and more intensive prevention work: Authorities must intervene up to six months before homelessness occurs and develop personalised plans with applicants.

• Increased referrals: The 'duty to ask and act' will generate referrals from multiple public bodies, requiring capacity to process and respond.

• Enhanced co-operation requirements: Local authorities and housing associations must work together more closely, with potential Welsh Ministers' enforcement of nomination arrangements.

• Extended support duties: Authorities must help people retain accommodation for up to 12 months after it is secured and keep in touch with former applicants.

• Resource implications: The abolition of priority need and intentional homelessness, combined with earlier intervention and extended support duties, will require significant additional resources for both staffing and accommodation.

Conclusion

This Bill represents a fundamental shift in the responsibilities of local authorities and housing associations in Wales. Successful implementation will depend on adequate resources, effective partnership working, robust systems and processes, and comprehensive training for staff across all relevant agencies.

This article provides a summary of the Homelessness and Social Housing Allocation (Wales) Bill as amended at Stage 2. The Bill has not yet received royal assent and provisions will come into force on dates to be appointed by the Welsh Ministers.