We write to request certain information from your authority’s housing department, under the Freedom of Information Act 2000 (the Act).
We would like to request information and copies of your authority’s documents (where applicable) relating to how your authority currently fulfils and has historically fulfilled its statutory duties towards homeless applicants (Applicants) following the acceptance or refusal of an accommodation offer (an Offer) and the termination of the ‘main housing duty’ under section 193 of the Housing Act 1996 (the Housing Act).
For the avoidance of doubt, if providing the requested information/documents in one instalment would delay your authority’s response, Shelter would be grateful to receive the requested information/documents in tranches as it/they become(s) available. By email or submitted by portal to the Local Authorities listed in the Annex 210
The Request
Please can you provide us with responses to the questions listed below and send us copies of all available documents to support such responses.
Background: We understand that a local authority’s housing department can discharge its statutory duties when it secures suitable accommodation for Applicants under section 193 Housing Act. We are interested in all information and documents relating to the steps taken by your authority’s housing department following an Applicant’s acceptance or refusal of an offer under section 193 of the Housing Act, including the procedures for notifying Applicants about the consequences of acceptance and refusal, their rights to review, and the termination of the ‘main housing duty’ under section 193 of the Housing Act.
Questions:
1. Please provide copies of any policies, guidelines and/or training prepared and/or followed by your authority’s housing department which relate to the practice of notifying Applicants of an Offer in discharge of the ‘main housing duty’, and the steps to be taken by your authority’s housing department where an Applicant accepts or refuses an Offer.
2. Please confirm what information is provided, and in what format, to Applicants when your authority’s housing department makes an Offer in discharge of the ‘main housing duty’.
In particular:
(a) Please confirm whether, and if so how, Applicants are advised in relation to:
(i) the potential consequences of accepting or refusing an Offer, including as regards the potential termination of the authority’s ‘main housing duty’; and
(ii) the Applicant’s right to request a review.
(b) To the extent your authority’s housing department uses any templates and/or precedents for such communications, please provide copies of the same.
(c) Please provide copies of the information provided to the Applicants in receipt of the five most recent Offers made by your authority’s housing department, including the Offer itself and any subsequent correspondence.
3. Please confirm what information is provided, and in what format, after an Applicant accepts or refuses an Offer and your authority’s housing department terminates its ‘main housing duty’.
In particular:
(a) Please confirm whether it is your authority’s housing department’s practice to always send a separate letter to notify the Applicant of the termination of the ‘main housing duty’ after the acceptance or refusal of an Offer. 310
(b) Please confirm, and if so how, Applicants are advised in relation to:
(i) the consequences of your authority’s housing department terminating its ‘main housing duty’; and
(ii) the Applicant’s right to request a review.
(c) To the extent your authority’s housing department uses any templates and/or precedents for such communications, please provide copies of the same.
(d) Please provide copies of the information provided in the five most recent cases where an Applicant has accepted or refused an Offer and your authority’s housing department has terminated its ‘main housing duty’.
4. If your authority’s housing department’s approach to notifying Applicants of Offers and/or the steps to be taken where an Applicant refuses an Offer is currently under and/or has been subject to review and/or legal challenge, please provide further details (and if already known, the outcome of that review and/or legal challenge).