Homeless Link
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New vulnerability assessment guide for frontline workers
Last May, Homeless Link wrote about a landmark ruling by the Supreme Court which meant that single people who become homeless should no longer have to pass such a high threshold of vulnerability to be owed a duty of accommodation by local authorities.
NHAS has published this new guide for frontline workers to help vulnerable single people access the help they are entitled to.
Following a Supreme Court decision in May 2015 (Hotak, Kanu and Johnson) we have published a new guide for use by any frontline worker advising or supporting someone to access local authority homelessness services.
We have developed the guide so that you can help vulnerable single people access the help and support they need, via local authority housing and homelessness services.
The Supreme Court case was important, as it was the first time the highest court in the land had considered the meaning of vulnerability, and as a result the previous vulnerability test, known as the ‘Pereira test’, was modified to ensure relevant homelessness and equalities legislation, and guidance is properly applied.
What did the Supreme Court decision change?
Local authorities must now consider each applicant individually and base the assessment on the unique characteristics of the person they are assessing. It means that an assessment must be carefully conducted, with all circumstances and conditions of the applicant taken together as a complete picture. The local authority must also assess the person and any of their vulnerabilities compared with an 'ordinary person' made homeless and not someone who is already homeless.
When making the assessment, the authority must apply the law and not general terms or definitions which have evolved over the years.
The assessment must also take into account the role of carers (whether they are family or not) in supporting the person and determine how effective this care will be if the person is homeless.
In addition, the local authority must ensure they have taken into account Public Sector Equality Duties, where the applicant has either a possible or actual disability.
Using the guide
We have designed the guide to take you through the assessment process step by step and help you help your client, to carefully consider all the information they need to highlight to the authority, to ensure a robust and effective assessment can take place. We also highlight the relevant legislation and what to do if the applicant is either not assessed properly or refused assistance by the local authority.
Members of NHAS can seek further advice and assistance via the NHAS Housing Law Consultancy Line. We also cover aspects of the court decision and the assessment in the NHAS training programme.
For more information about NHAS, visit www.nhas.org.uk.
NHAS vulnerability guide
Guidance from NHAS to help frontline workers support and advise people to get a proper assessment of their needs and vulnerability.
