Page 88 - Solving Housing Disputes

authority, that the decision by the authority is properly appraised of the person’s
circumstances, and that where a local authority wrongly denies a person
assistance or access to a duty they are lawfully entitled to, that person can more
easily gain access to the courts for review of that decision.

Gatekeeping

3.59 There are various duties local authorities owe with respect to homelessness:

(a) to make inquiries to satisfy themselves whether an applicant is eligible for
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244
assistance or whether they owe the person a homelessness duty;

(b) when an applicant is homeless, eligible for assistance and in priority
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need, to provide interim accommodation;

(c) when satisfied a person is homeless or threatened with homelessness and is
eligible for assistance, to undertake an assessment of their circumstances
and agree steps the applicant and local authority should take to secure
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accommodation for the person.

3.60 The MHCLG Homelessness Code of Guidance for Local Authorities
(Homelessness Code of Guidance) provides direction for how local authorities
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should exercise these functions. Chapter 11 sets out guidance as to how

244 The Housing Act 1996 (HA) excludes categories of “persons from abroad” and “asylum seekers and
their dependants” from housing assistance, section 185 and 186 respectively.

245 Section 184 of the HA.

246 Those who have priority need for accommodation are defined in section 189 of the HA as: (a) a
pregnant woman or a person with whom she resides or might reasonably be expected to reside; (b) a
person with whom dependent children reside or might reasonably be expected to reside; (c) a person who
is vulnerable as a result of old age, mental illness or handicap or physical disability or other special
reason, or with whom such a person resides or might reasonably be expected to reside; (d) a person who
is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other
disaster.

247 Section 188.

248 Section 189A(4).

249 Available at https://assets.publishing.service.gov.uk/media/5a969da940f0b67aa5087b93/Homelessn
ess_code_of_guidance.pdf

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