Report - Portfolio Holder Decision Councillor Wretham - Questionnaire on Temporary Accommodation Standards
Questionnaire on Temporary Accommodation Standards
Your Name
Simon Hendey, Head Of Housing & Community ServicesYour Organisation : Borough of Poole
Contact telephone number or email address (in case we have any queries about your responses)
Question 1:
Explanation:
Bed and breakfast accommodation - chapter 1, paragraphs 13 and paragraphs 20 - 22. The Government sets out what is considered as B&B accommodation and in particular the type of accommodation NOT to be considered B&B. This does not include local authority accommodation such as hostels, nor other accommodation owned by not for profit organisations such as registered charities, RSLs etc.
Is the definition outlined clear and does it cover the right categories of accommodation?
Answer:
Within Borough of Poole only one registered hotel and one registered guest house are used . Most referrals are to HMO`s which operate B&B on a very small scale with high degrees of sharing i.e. below fire certificate and planning enforcement levels. They are treated as Category D (CIEH categories) HMO`s.The definition in the document is clear, however, it must be realised the numbers of Guest Houses generally that are moving into HMO status with or without Planning Change of Use permission
Question 2:
Explanation:
The proposals - chapter 1, paragraph 35. The three main proposals contained in the consultation paper are set out here.
Are these proposals covered adequately in the consultation document?
Answer:
Para 35 (ii) is adequately covered by illustrating floor sizes and management standards. It is not understood why CIEH Category D HMO standards could not have been used for such accommodation. It is envisaged that imposing “regardless of age” for sharing standards for communal facilities problems may occur, as a rental room may well have to be utilised to meet such requirements.Question 3:
Explanation:
Date of implementation - chapter 1, paragraph 36. The Government intends to bring the time limit Order into force on 1st April 2004 and to issue the Guidance as part of the revised main homelessness guidance to replace the interim Code of Guidance at the earliest possibility.
Is 1st April 2004 appropriate for the main Order to come into effect? This date coincides with the target date for reduction of B&B usage for families with children announced in March 2002. The Government has stated that in any respect it will give at least 3 months notice by making the Order 3 months before it comes into force. Is this adequate notice? Should the Order be effective before 1st April 2004?
Answer:
Three months is adequate notice for the order to come into force. The 1 April 2004 is the target authorities have been working to and should be achievable unless there are exceptional circumstances.Question 4:
Explanation:
The role of B&B - chapter 2, paragraph 6. The Government accepts that B&B has a role to play in an efficient and effective homelessness system. This should be as a flexible emergency form of accommodation for short periods only.
Do you agree with this view?
Answer:
Yes. In extreme emergencies. However, B&B has been used because of the shortage of temporary and permanent homes. An increase in supply of this accommodation is needed together with robust prevention strategies.Question 5:
Explanation:
Households to whom Order would apply - chapter 2, paragraph 9. The Government proposes that the limit on B&B being used in an urgent situation and then only for a maximum of 6 weeks should apply only to households including pregnant women and/or dependent children.
Is this the right definition and is it clear? If not how can it be amended?
Answer:
The definition is clear but B&B is equally unsuitable for single people who are vulnerable, particularly those aged 16/17 and those with mental ill health.Question 6:
Explanation:
The type of accommodation - chapter 2, paragraphs 10 and 11. The Government proposes to exclude from the Order accommodation owned or managed by a local housing authority, a registered social landlord or a voluntary organisation.
Do you agree that public, social and voluntary sector accommodation should be excluded from the Order?
Clearly the Government does not accept the avoidance of the Order merely by the transfer of ownership or management of shared facility B&B accommodation into the public, social or voluntary sector without any improvement in quality. Do you believe this is a major concern and if so how should the Government prevent any possible avoidance of the Order in this manner?
Answer:
Health and Safety issues should be across the board, these exclusions under the Order will further antagonise the National Federation of Registered Landlords along with reputable and proactive Private Landlord Associations. HMO`s owned by charities, the voluntary sector and small social landlords have been found wanting in respect of knowledge on fire safety.Environmental Health/ Private Sector Housing Teams assistance and guidance should be made mandatory to RSL`s and Housing Management Teams to avoid such pitfalls and ensure level playing fields with the private sector. Fire has no boundaries.
Question 7:
Explanation:
Period of placement - chapter 2, paragraph 12. The emergency placements in B&B and 6 week time limit should only apply to homeless households which include either dependent children or an expectant mother. The 6 week time limit starts on the date of first placement in B&B, probably whilst an assessment of the homelessness application is bring made.
Is this clear and workable? If not how should it be amended?
Is it appropriate for the time limit to count from day one? If not when would be appropriate and how can Government ensure current long periods in B&B for families are not repeated in the future?
Answer:
The issue is clear and workable. The start of the time limit should be on the date of the first placement. However, there may be extreme emergencies (for example a fire in a hostel) which could seriously affect a local authorities ability to comply with the order.Question 8:
Explanation:
Urgent situations - chapter 2, paragraphs 12 to 15. An urgent situation is described as where the housing authority has less than 21 days notice of impending homelessness.
Is 21 days sufficient time to find accommodation? If not what would be, or what other definition should be used, bearing in mind that we want to ensure that families with children and expectant mothers only go into B&B in emergencies?
Answer:
28 days would be more consistent with the 1996 Housing Act.Question 9:
Explanation:
The Draft Order - chapter 2, following paragraph 15. The proposed draft order is set out here.
Is this clear? Does it cover all the points set out in the chapter? Does it accord with the initial proposal set out at paragraph 35(i) of chapter 1?
Answer:
Yes it is clear.Question 10:
Explanation:
Suitability of accommodation - chapter 3, paragraph 2. The document sets out the existing key criteria and legislation to which housing authorities need to give consideration when determining suitability.
Do you believe housing authorities give adequate consideration to these factors?
Answer:
Yes.Question 11:
Explanation:
Existing voluntary codes of practice and B&B rating schemes - chapter 3, paragraphs 4 to 7 (and annexes 3 and 4). The Government welcomes such schemes. The BABIE grading system in particular goes in to a lot of detail on the specific nature of B&B accommodation. The Government believes that whilst this is entirely acceptable (and to be welcomed) where housing authorities are singularly or jointly agreeing local stands this represents too much detail to be included in statutory guidance.
Do you agree with this statement? If not, what in particular do you disagree with?
Answer:
Where there is low levels of Hotels that are run as Hostels, then it is felt that the BABIE system is not necessary. The CIEH standards for Category D HMO`s (Specific needs groups) outlines adequate standards that can be used, and involving landlords in accreditation and raising awareness sessions is more productive. More beneficial also is the signing up to model management plans which cover in depth health and safety responsibilities and duties of care. However, where there are large concentrations of Hotels carrying out homelessness duties and transfers across boundaries, it is understood why the BABIE system is in place and illustrates good working practices.Question 12:
Explanation:
Key factors for inclusion in statutory guidance - chapter 3, paragraph 8. The Government believes for B&B accommodation the main factors affecting suitability are room sizes / occupancy levels and the location and accessibility of kitchen, toilet and bathing facilities as well as the management regime of the establishment.
Do you agree that these are the key factors? If not, what in particular do you disagree with or what alternatives should Government be focussing on?
Answer:
Whilst Poole agrees with the key factors mentioned above and especially the management regime, we would argue that fire safety is a main issue. Unless the hostel is an HMO (originally built as a house) whereby the Section 352 of the 1985 Act could apply, it is known to practitioners that in the Hotel arena unless there is a material change a fire certificate cannot be updated, therefore fire safety measures may be out dated. If a Hotel operates as a Hostel , should not the local Fire and Rescue be able to upgrade a fire certificate, as it cannot be classed as a HMO as most large recognised Hotels were not originally built as a “house”. If they were originally houses , could not the Fire and Rescue Service revoke its certificate and pass to LA as HMO.Also layout of kitchen is important as well as accessibility.
Question 13:
Explanation:
The proposal - chapter 3, paragraph 9.The responsibility for considering issues of suitability lies with the housing authority placing the homeless household in temporary accommodation.
The guidance would cover all households placed in temporary accommodation by local housing authorities. Should there be any exceptions?
Answer:
Due to numerous LA`s re- structuring during and following Unitary status, it is felt that formalisation of protocols between EnvHealth (Private Sector Housing) and Homelessness teams requires attentionQuestion 14:
Explanation:
The existing legislation - chapter 3, paragraphs 10 to 16. The Government is intending to simply set out in one place the key factors from existing legislation regarding basic minimum standards against which local housing authorities are required to assess suitability of accommodation. The Government is not through this process proposing to alter these basic minimum standards that apply to all forms of relevant accommodation and especially here concerned with suitability as temporary accommodation. The Government believes bringing these key factors together in one place in guidance will assist homeless households and their advisers determine whether they feel any accommodation into which they have been placed by a housing authority is suitable.
Do you feel the Government's proposal to restate key elements of existing legislation clearly within guidance is helpful? If not what, if any, further guidance is required?
Answer:
Very useful in underlining fitness standards outside “housing” and encompassing other buildings such as hotels. The issues are the timing of these requirements it is envisaged that in 2005 the Housing Health and Safety Rating system will be in place and the fitness standard repealed – will this not confuse hoteliers and other managers? It is assumed that the HHSRS will apply to hotels/hostels.Question 15:
Explanation:
Standards in B&B Accommodation - chapter 3, paragraphs 17 to 40. The Government has set out in detail what it considers to be the minimum standards that should normally be considered as acceptable for all homeless households placed in B&B accommodation. The proposals include space standards; Installation for Heating; Facilities for Storage, Preparation and Cooking of Food and Disposal of Waste Water; Drainage and Sanitary Conveniences and Personal Washing Facilities. The Government has also set out the basic management regime it would expect in such accommodation used for homeless households
Comments are invited on all aspects of the proposed minimum standards. Including whether they provide appropriate levels of accommodation for residents; whether they can be met and at what cost; how they should be enforced and whether anything else should be included in the standards. For instance, provision of play and homework areas have not been included because families with children should only be placed in such accommodation for no more than 6 weeks - is this reasonable?
The Government would also be interested in receiving comments on whether these standards should be extended to cover all non-self contained temporary accommodation such as local authority, RSL and voluntary sector hostels?
Answer:
As mentioned earlier, fire safety should examined under duty of care.I am of the opinion that the standards are sound and workable but slightly excessive in some areas and miss out on others, the CIEH Category D standards it is felt are in place and are adequate and could have been extended to cover hotels etc.
It is noted that ratio numbers sharing facilities are irrespective of age, it is felt there could be some possible cost implications here for landlords to comply.
Allowing regular access to commercial kitchens may conflict with the requirements under the Food Safety Act and Hygiene Regulations
The provision for a common room is welcomed – the CIEH standards ask for this
It cannot be envisaged in any situation that each household will be provided with full kitchen facilities, unless it is a Category A HMO being used for this purpose. Shared kitchens are the norm
Cost implications in providing extra kitchens may be an issue
Management Standards welcomed. Getting landlords of B&Bs signing up to voluntary accreditation and management plans it is felt is the best way forward.
Question 16:
Explanation:
Key issues
General principles - chapter 4, paragraphs 1 and 2.
Do you agree with the Government's view on the importance of support services for homeless households?
Answer:
Support services are important to families with children and also vulnerable single people. Information sharing with colleagues in social services and health is vital and also help with moving people on from one form of temporary accommodation to another.Question 17:
Explanation:
Households to whom the guidance applies - chapter 4, paragraph 3. The Government believes all homeless households in temporary accommodation, single people, childless couples, other adult households as well as families and expectant mothers should receive support to ensure that their health, education and social services needs are met.
Do you agree with this principle?
Answer:
Yes.Question 18:
Explanation:
Draft statutory guidance including review of arrangements - chapter 4, paragraphs 5 to 7.
Comments are invited on the coverage and appropriateness of the proposals.
Answer:
Robust referral networks and support protocols need to be in place and hotline numbers available.Question 19:
Partial Regulatory Impact Assessment (Annex 2)
Comments are invited on the costs and benefits of the proposals set out in the consultation document. It would, in particular, be helpful to have any additional quantified evidence of costs and benefits.
Answer:
The benefits of a robust support network to homeless households is obvious, but practicalities must enter the equation and resource levels need to be examined as increasing advocacy and advice services are very time consuming.Question 20:
Do you have any further comments or responses to the consultation paper that you would like to detail here?
Answer:
Questions:- Will proposed licensing of HMO`s extend to these premises?.Majority of these standards are based on Sect 352 fitness of HMO standards along with Circ 17/96. How will these standards be affected when fitness standard is repealed and Housing Health and Safety Rating Systems are introduced- possibly in 2005?
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