What help can rough sleepers get after the ‘Everyone In’ initiative ends?
By: Vicky Allen
Tags: Housing And Family Online, Housing Online, Covid 19 Online

What help can rough sleepers get after the ‘Everyone In’ initiative ends?

In this long form article we will look at tactical advice for those who are currently accommodated by the ‘Everyone In’ initiative — the government’s response to rough sleeping during the coronavirus outbreak. The advice in this article relates to England only.

The ‘Everyone In’ initiative is not part of the local authority’s statutory homelessness provision. Just because your client has been provided with accommodation it does not mean that the local authority has taken a homeless application.

The Government has now launched the Next Steps Accommodation Programme which will distribute the previously announced funding to support rough sleepers into long term accommodation. Local Authorities (LAs) can apply for the funding and will be expected to use it to provide ongoing support to those accommodated under the ‘everyone in’ initiative — for example:

through assisting them in securing private tenancies

maintaining temporary accommodation until longer term housing solutions can be delivered, or,

helping them to reconnect with friends or family who they are able to live with.

This means that LAs should support clients into longer term accommodation before asking them to leave emergency accommodation.

If your LA has not shared their plan of how they intend to support rough sleepers you should ask their LA to share it as soon as possible — you may also find details of the plan on the LA website, minutes from the LA’s cabinet meeting or in the local press.

The rest of this article will look at tactics for different client groups within the rough sleeper community.

No recourse to public funds (NRPF)

Before advising on a client’s options you will first need to determine if they are eligible for homelessness assistance. If your client does not have recourse to public funds (NRPF) they will not be eligible. The advice will differ depending on why they have NRPF. This may be because they:

have limited leave to remain with the NRPF condition

are an EEA national not exercising their treaty rights

have a claim for asylum pending or recently refused

have no lawful right to remain in the UK as an immigration application has been refused, they have not made a claim or they have overstayed their visa

If your client has no lawful right to remain in the UK they may still be accommodated by the LA under the ‘Everyone in’ initiative — however, they will not have the right to rent so will not benefit from assistance into private accommodation. They should be referred to a specialist immigration advisor to see if they can make a fresh immigration application or lodge an appeal of a previous decision as soon as possible.

Remember all Citizens Advice advisers are able to give OISC level 1 advice but must not stray into level 2 or 3 advice unless certified to do so and can access support from the adviser immigration helpline.

If you have a client who has a NRPF condition attached to their immigration status you should:

Check if there’s merit to applying to have the NRPF condition removed

Those with leave associated with an ECHR Article 8 right (respect for private and family life) can apply to UKVI to have the condition removed if they are able to show there is an imminent threat that they will become destitute. You can find more information in The Immigration and Nationality workplace group. The application should be made as soon as possible.

If the application is successful your client will be eligible to make a claim for benefits and homelessness assistance. See the ‘priority need’ and ‘not priority need’ sections below for those who are now eligible for assistance.

If your client has a NRPF condition as a worker or student and was working or self-employed before lockdown they should check if they could receive furlough pay or are eligible for the self-employed income support scheme to help them with housing costs.

Ask your local authority what their exit plan is and if they will use their discretion to continue to accommodate your client

Local Authorities have the power to provide accommodation and support to those with NRPF during the coronavirus outbreak on public health grounds. As such it should be argued that there is a continuing power to accommodate rough sleepers with NRPF while lockdown restrictions are in place. The guidance to local authorities from NRPF Network also states;

“Whilst accommodation is being provided on public health grounds, local authorities will need to use this opportunity to work with individuals to identify and achieve sustainable step-down outcomes. This will include establishing whether a person can be referred to social services or the Home Office for support and how a sustainable outcome may be achieved, for example, by obtaining legal advice to make an immigration claim.”

LAs can use the funding from the Next Steps Accommodation Programme to continue to accommodate those with NRPF — advisers should check with the LA what their exit plan is for supporting rough sleepers with NRPF and if they intend to continue to accommodate them during the coronavirus pandemic.

Explore if your client is owed a duty from either adult or children’s social care

If your client has a health problem the LA may also have a duty to provide accommodation and support in line with s18 Care Act 2014. You can read more about the Local Authority’s care act duties to homeless people with NRPF on AdviserNet.

Families with dependent children and NRPF may also be owed an accommodation duty in line with s17 Children’s Act 1989, although it’s unlikely that they will have been helped by the ‘Everyone in’ initiative. You can read more on AdviserNet.

National Citizens Advice research and campaigns team published their Nowhere to Turn report which looks at how immigration rules are preventing people from getting support during the coronavirus pandemic and makes recommendations for change. You can read the full report here.

Asylum seekers

Those who have an application for asylum can get asylum support from UKVI in the form of accommodation and cash payments. Support can be provided while an application is pending and for a short time after an application has been decided. In March UKVI confirmed they would pause evictions from their accommodation for an initial 3 month period. It is understood that UKVI will be resuming the ‘move on process’, initially for successful asylum seekers who have been granted refugee status. Clients who have been granted refugee status will be eligible to make a claim for benefits and homelessness assistance. See the ‘priority need’ and ‘not priority need’ sections below for those who are now eligible following a successful immigration application.

Asylum support accommodation should continue to be provided for those whose application has been unsuccessful and:

Who are “taking all reasonable steps” to leave the UK; or

Who are unable to leave the UK “by reason of a physical impediment to travel or for some other medical reason” — this should include where there are travel restrictions due to the coronavirus outbreak

If your client is being accommodated by the ‘Everyone in’ initiative but has an asylum application pending they can be signposted to make an application for asylum support. If their application has been refused they should be referred for specialist immigration advice. Citizens advice advisers can get support from the immigration helpline.

EEA nationals

EEA nationals who are exercising their treaty rights are eligible for homelessness assistance. See the ‘priority need’ and ‘not priority need’ sections below for those who are eligible for assistance.

The Government has temporarily suspended provisions that prevent local authorities from providing emergency housing support to certain EEA rough sleepers. In his letter to Local Authorities Luke Hall MP minister for rough sleeping and housing advises:

‘It means that job seeking, EEA national rough sleepers who meet the criteria, will be eligible for your non-statutory homelessness services, such as hostels, on the same basis as those who are currently eligible for these services e.g. UK national rough sleepers and EEA national workers.. It does not provide them with priority over UK national rough sleepers and accommodation and support is limited to a maximum of three months.’

Those who fall outside of these emergency provisions are not eligible for homelessness assistance from the local authority but may still be accommodated under the ‘everyone in initiative’. Advisers can explore if there is anything clients can reasonably do to exercise their treaty rights in order to be eligible for assistance. You can find out more about housing rights for EEA nationals on AdviserNet.

If your client has a health problem the LA may also have a duty to provide accommodation and support in line with s18 Care Act 2014. You can read more about the Local Authority’s care act duties to homeless people with NRPF on AdviserNet.

Families with dependent children and NRPF may also be owed an accommodation duty in line with s17 Children’s Act 1989, although it’s unlikely that they will have been helped by the ‘Everyone in’ initiative. You can read more on AdviserNet.

Advisers can support EEA nationals to apply to the EU Settlement Scheme — if you are a Citizens Advice adviser you can find out more on AdviserNet.

Eligible rough sleepers in priority need

As well as the usual categories of priority need the homelessness code of guidance has been updated and now includes two new sections (s8.44/45) in relation to priority need and covid-19. The updates mean that applicants who have been identified by their GP or a specialist as clinically extremely vulnerable are likely to be assessed as having priority.

The guidance also confirms that:

If an applicant has not received confirmation that they are in the clinically extremely vulnerable group, but reports they have a health condition that places them in this group, the local authority should seek guidance from a medical professional when deciding on their priority need.

The priority need of Applicants who are considered to be extremely vulnerable should be assessed in the context of covid-19.

Housing authorities should also carefully consider whether people with a history of rough sleeping should be considered vulnerable in the context of COVID-19, taking into account their age and underlying health conditions.

The guidance links to the ‘Clinical homeless sector plan’ which highlights that rough sleepers who are;

55 or over

Have an underlying health condition that makes them eligible for a free flu jab

are at increased risk of severe illness from Covid-19 and the wording on the Code suggests that they should also be considered priority need.

If you believe that your client is eligible and in priority need you should liaise with the local authority to ensure that a homeless application is now taken if this has not happened already. If your client is having difficulty making a homeless application then there are some tactics suggested in this Adviser online article.

If there is reason to believe your client is eligible and in priority need the local authority will have an ongoing duty to provide interim accommodation until a homeless decision has been made. This does not mean that your client should refuse any accommodation offered outside of the homelessness duty, but being owed a duty does have implications for the type and standard of accommodation that they should be offered.

If your client is offered accommodation you should ensure any offer meets the criteria of a suitable offer in response to a homeless application. If your client is not happy with any decision or thinks an offer of accommodation is not suitable this can be challenged but your client should be advised to accept the offer and ask the LA to review if the home is suitable. That way your client will have somewhere to live whilst the review takes place.

Many LAs are supporting rough sleepers into private rented accommodation by providing deposits and/or rent in advance. Some local authorities are asking local charities or 3rd party organisations to do this — it is important to differentiate between offers of accommodation from the local authority where review rights may arise for those who are owed a homelessness duty, and support into private rented accommodation from a charity or third party organisation.

If your client is offered accommodation the local authority should be clear if it is an offer in response to the client’s homeless application or not, and on the implications of turning down an offer. You can refer your client to a housing specialist if they have been offered accommodation by the local authority or a 3rd party organisation and they do not think it is suitable for their needs.

It is important to consider if an applicant may be in priority need during the coronavirus outbreak due to having a history of rough sleeping. However, they may no longer be considered priority need once the outbreak has passed and lock down restrictions have eased. If you think this may be the case for your client it is important to ensure that a homeless application has been taken and a personal housing plan instigated as soon as possible.

Eligible rough sleepers not in priority need

If your client is currently accommodated under the Everyone In initiative it is important to be realistic in assessing if they will be considered to have a priority need. If it is unlikely that your client will be accepted as having a priority need and they are offered accommodation either via the Local Authority or a 3rd party organisation they should be advised to accept the accommodation — this will avoid them having nowhere to go once the ‘Everyone in’ initiative has come to an end.

Advisers can support clients by;

Asking the local authority if they are offering rent in advance & deposits and how these will be administered? Ask how your client can apply and what the process is so that your client avoids unnecessary delays if they find somewhere. Ensure any prospective properties are affordable for your client — check with the local authority to see if they are offering any additional incentives to landlords to accept rough sleepers. Check the LHA rates for your client’s circumstances.

Manage the client’s expectations — if they are unlikely to be considered priority need, the LA isn’t going to have an ongoing duty to provide accommodation — there is a real risk of your client returning to rough sleeping. Your client may need to consider a room in a shared house, a hostel (where they are able to self isolate if need be), or seeking help from family or friends to avoid this.

If your client is unlikely to be considered priority need it may not be in the client’s best interests to pursue a homeless application if one has not yet been taken. Advisers may find their time is better spent liaising with the LAs around the Next Steps Accommodation Programme and their exit plans for rough sleepers in emergency accommodation.

Next Steps

Second tier advice is available to local Citizens Advice from the Expert Advice team for benefits, employment and housing, Citizens Advice advisers can also access our immigration and nationality advice and Help to Claim workplace groups.

You can sign up to our email update service which provides regular news about Covid-19 related issues — you can sign up here.

Vicky Allen is a housing expert in the Expert Advice Team at Citizens Advice