Homelessness prevention and the Welsh legal duty: a resource or rights based development? Dr....
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Homelessness prevention and the Welsh legal duty: a resource or rights based development?
Dr. Peter Mackie Cardiff University
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Introduction
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‘Anyone who has passed a person sleeping in a doorway, seen a family with belongings heaped in a shopping cart, observed makeshift dwellings under a bridge, or visited a shelter where strangers lie warily on adjacent beds is likely to have thought that surely such scenes could be prevented.’ (Shinn et al., 2001, pp. 95-96)
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A paradigm shift towards homelessness prevention and rapid response
Driven by proven social and economic benefits to society and the individual
Academics have begun to think critically about the prevention turn
Introduction
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In 2011, NAfW was awarded primary law making powers in housing and subsequently commissioned a review of homelessness legislation; introduced as an opportunity to develop a more equitable and socially just framework
The review had to grapple with a disjoint between legislation and prevention
Legislation also had to be developed during challenging economic conditions
This presentation draws upon key findings of the review in order to:i] critique the status-quo of homelessness prevention in Walesii] examine the extent to which proposed rights-based legislative
changes will overcome problems with prevention.iii] Specific attention is then given to the tensions between
rights-based and resource-based thinking in the development of the legislation
The Wales case study
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An emerging critique of the prevention paradigm
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1. Lack of whole systems change Policy frameworks have not been comprehensively reviewed to
incorporate the prevention agenda (Culhane et al., 2011) Therefore certain forms of prevention have not received strategic
attention and have been neglected.
‘This shift toward prevention reflects a situation where policy and practice has run ahead of any clear model on which to build a policy agenda focused on homelessness prevention.’ (Culhane et al., 2011, p. 296)
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2. Selectivity Interventions restricted to those where a cost-saving can be made
(Busch-Geertsema & Fitzpatrick, 2008; Moses et al., 2007; Pawson, 2007). e.g. In the UK prevention targeted at priority need households
Excludes those who are perceived to be potentially capable of finding their own solution – prevalent in the USA (Shinn, 2013)
Also excludes those for whom a successful intervention is unlikely – those with very high support needs
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3. Individualisation Prevention is perceived to individualise the causes of homelessness
(Parsell & Marston, 2012) Solutions overwhelmingly focus on the problems of individuals.
‘Despite the longstanding acknowledgement of the structural dimensions to homelessness, policy has not been adequately developed or resourced to address the underpinning housing supply and poverty problems that are fundamental in order to achieve primary homelessness prevention.’ (Parsell & Marston, 2012, p. 34)
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A critique of homelessness prevention in Wales
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1. Lack of whole systems change Local authority staff uncertain whether or not to take a
homelessness application Some evidence of deliberate gatekeeping:
‘What it [homelessness prevention] has been used for is to prevent local authorities having to accept a duty.’ (Key informant, 2012)
Uncertainty and gatekeeping are at least partly responsible for inconsistencies between and within nations.
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Figure 1. Statutory homelessness decisions and homelessness prevention in Wales, 2010-11
Wales England0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%Homelessness prevention
Eligible but not homeless
Eligible, homeless but not priority need
Eligible, homeless and in priority need, but intentionally so
Eligible, homeless and in priority need, unintentionally so
Source:Wales (Author sample of local authority data, 2010-11), England (CLG Live Tables 770 and 787)
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Source: Welsh Government, 2013, table HHA/013
Figure 2. Percentage of all potentially homeless households for whom homelessness was prevented for at least 6 months by local authorities in Wales, 2011/12
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2. Homelessness prevention and selectivity Failure to intervene as successfully with single men. Homelessness
is prevented in 36% of cases, compared to 50-60% of cases with most other household types
Reflects a focus on priority need households Similarly, homelessness is prevented in very few cases where the
reason for homelessness was leaving an institution or care (prison leavers)
Failures with prison leavers remain under explored and poorly understood
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3. Individualisation of homelessness Parsell & Marston (2012) state that interventions have focussed on
addressing the problems of individuals, therefore individualising homelessness.
Table 1 identifies the types of interventions used to prevent and alleviate homelessness in Wales and it is clear that most target individual needs and behaviours.
However, until structural causes such as poverty and poor supply of affordable housing have been removed, interventions must address the needs of individuals which make them more susceptible to homelessness.
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Assistance to remain (Prevention) Assistance to move (Alleviation)Mediation / Conciliation Hostel or HMO Homeless prevention fund PRS AccommodationDebt advice Accommodated with friend/relativeResolving welfare benefit problems Supported accommodationResolving rent or service charge arrears Social housingSanctuary scheme measures Low cost home ownership schemeCrisis intervention - providing emergency supportMortgage arrears interventionsLegal advocacy enabling household to remain
Table 1. Types of intervention used to prevent and alleviate homelessness in Wales
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The Welsh prevention and alleviation duty: a solution to the
prevention critique?
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The new two-stage duty
Stage One A new legal duty requiring local authorities to take reasonable steps
to prevent and alleviate homelessness for all households who are homeless or threatened with homelessness.
No consideration should be given to priority need or intentionality.
Stage Two Where prevention and alleviation efforts fail, and only if they fail, the
current priority need tests remain and a duty exists to secure settled accommodation for those deemed to be in priority need.
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Whole systems review The sort of model and framework which scholars have been
demanding Overcomes practitioner uncertainties; legally defined minimum
interventions will drive consistency; ends gatekeeping concerns as rights more clearly ordered
Selectivity The Welsh prevention and alleviation duty requires local authorities to
assist all people who seek assistance and are homeless or threatened with homelessness
Individuals have recourse to legal challenge
Individualisation The duty does not directly address structural concerns – a key
limitation
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Conclusion: a resource or rights-based
development?
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Wales has undoubtedly developed a rights-based approach to the prevention of homelessness, however resource-based thinking is significantly impacting on the extent and nature of housing rights:i] Local connection criteria inserted as part of the prevention and
alleviation dutyii] Duty to provide temporary accommodation for all those who
seek assistance and have nowhere safe to stay removed from original proposals
iii] Priority need retained at the second stage
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Ongoing examination of the impacts of legislative developments in Wales will be key to understanding the role of rights-based approaches to the prevention of homelessness.
There also remains a challenge to understand the consequences of resource-based thinking which appears to have undermined legislative developments in Wales.
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Homelessness prevention and the Welsh legal duty: a resource or rights based development?
Dr. Peter Mackie Cardiff University