Sian McGibbon

Barrister

4-5 Gray's Inn Square

OUTLINE

 What are the key measures taken to prevent homelessness and protect the existing homeless population during the pandemic?

 What are the implications of the crisis for the application of the existing homelessness legal regime;

 How are the courts handling homelessness cases in practice during the emergency period?

BACKGROUND

 The impact of Covid-19 on the homeless has been significant but largely unquantified

 The Housing, Communities and Local Government Committee has launched an inquiry to examine:

 How effective has the support provided by MHCLG and other Government departments in addressing the impact of COVID-19 on those in the private rented sector, rough sleepers, and the homeless?

 What problems remain a current and immediate concern for these groups?

 What might be the immediate post-lockdown impacts for these groups, and what action is needed to help with these?

KEY MEASURES TO PREVENT HOMELESSNESS

 Stay on possession proceedings

 Notice period extended to three months

 Extension of the Pre-Action Protocol for Possession Claims to the cover claims by private landlords

 Mortgage holidays for buy-to-let landlords and owner occupiers

 Increase of housing benefit and universal credit

KEY MEASURES TO PROTECT THE HOMELESS

 Exemptions from restrictions on movement for the homeless

 Strategy to ‘bring in those on the streets to protect their health and stop wider transmission’ set out by the Minister for Local Government and Homelessness

 £3.2 million in emergency funding for local authorities to support rough sleepers and vulnerable homeless people

 Use of third party accommodation including hotels and B&Bs

 Exemptions are available for providers who would have otherwise been required to close

 Social landlords continue to move tenants on from temporary accommodation

IMPLICATIONS OF COVID-19 FOR THE APPLICATION OF HOMELESSNESS LAW

 Authorities must continue to accept homelessness applications

 Housing relief duty

 Priority need

 Those categorised as being particularly vulnerable to coronavirus

 Victims of domestic violence

 Reasonableness of continued occupation

 Accommodation pending review

STATUTORY APPEALS

 Proceeding by phone

 Essential to have a channel of communication between legal representatives during the hearing

 Protocol Regarding Remote Hearings

JUDICIAL REVIEW

 Public counters at the Administrative Court Office are now closed

 Applications for immediate or urgent consideration should be made electronically to [email protected].

 Non-urgent claims should be sent electronically to the general court office email address [email protected].

 The Administrative Court is now working remotely by Skype or BT meet me

 Orders will be served on the parties by email

LOCAL GOVERNMENT AND SOCIAL CARE OMBUDSMAN

 The LGSCO has temporarily suspended all proceedings which require information from or action by local authorities or care providers

 This will inevitably impact complaints about the handling of homelessness applications