Homelessness

Are you homeless?

Under Part VII of the Housing Act 1996 (as amended by the Homelessness Act 2002) Cheshire West & Chester local authority has certain responsibilities towards people who are homeless or threatened with homelessness. The following information explains  our statutory responsibilities and the help and services we can provide.

What services do we offer?

We appreciate this is a difficult time for you and we will do all we can to help. Every year Cheshire West & Chester Housing Solutions Teams deal with over 2000 requests for assistance. Our duties towards homeless people are set out within the Homelessness legislation.

If you request advice from the Housing Solutions Team an assessment will be carried out by a Housing Solutions Adviser officer who will decide if a homeless application is appropriate.

What happens if you apply as homeless?

Firstly an appointment will be made by for you to attend an appointment with a Housing Solutions Adviser, who will be responsible for making enquiries into your application, and will tell you when this has been done and what the decision is. You will be given the name of your adviser and contact details. You should contact them about anything to do with your application.

What we need to know

We will consider your application under the Housing Act 1996 Part VII, amended by the Homelessness Act 2002.This broadly means that we have a legal duty to make certain enquiries and tell you what we can do for you after that. We need to find out if:

What if we decide you are not homeless?

If your caseworker decides you are not homeless or threatened with homelessness according to the legal definition, we will do everything we can to try and stop you becoming homeless. We will tell you what you can do to protect your rights to stay in your home .If necessary we will refer you to a solicitor or an advice agency such as the CAB or another mediation service. They can all try to help you stay in your current home by sorting out any problems you have there.

If you are homeless and in a priority group what happens next?

We must secure temporary accommodation for anyone who is homeless, eligible for assistance, and in a priority group. This may be in a hostel or other form of temporary accommodation. This accommodation may be outside the Cheshire West and Chester area. Our policy is not to use Bed and Breakfast accommodation, except in extreme emergencies. As with all housing, you will need to pay the rent or other charges whilst in temporary accommodation. You may, of course, be entitled to the Local Authority Housing Allowance. Your Housing Solutions Adviser will assist you throughout the process and will continue to work with you to explore all housing options available to you.

Do you have a local connection?

If we accept that you are homeless and in priority need we will also check that you have a local connection with Cheshire West and Chester by asking the following:

• Have you or your partner lived in Cheshire West and Chester for 6 out of the last 12 months or for 3 out of the last 5 years?
• Do you or your partner have a mother, father, brother, sister, son or daughter currently living in the area?
• Do you or your partner have a permanent contract of employment in the area?

If you do not have a local connection, we will look into whether you have a local connection with another council's area. If we decide that you do and if it is safe to do so we will discuss referring you to the council where you have a local connection.

If you do not fulfill the local connection criteria but have a significant reason for presenting to Cheshire West and Chester we will consider the request for local connection status.

What if you are not in priority need?

Throughout our enquiries a Housing Solutions Adviser will continue to work with you to explore alternative options available to you. These may include advice and assistance on your options including referrals to temporary accommodation providers and assistance with pursuing more permanent accommodation.

What if we decide you are intentionally homeless?

If you are homeless through your own fault, we have no duty to find you long-term accommodation. We will only help you by giving advice, assistance and short term temporary accommodation, if you need it. We will talk to you about other housing options you have, and provide assistance in securing alternative accommodation.

Your right to request a review

Whatever decision we make, we must provide it to you in writing, clearly detailing all the reasons for our decision. Our letter should enable you to fully understand why we have made our decision and for you to check that the information we have used is correct. You have a legal right to ask that we review the decision we have made .You will need to make such an appeal within 21 days of our decision letter. We will also provide you with details of agencies that can give you independent advice and help.

A copy of the procedures will be inserted in your decision letter. The review will be conducted by a Senior officer not involved in the original decision.

What if you are homeless, in priority need and not intentionally homeless?

We must help anyone who is homeless, eligible for assistance, in priority need and not intentionally homeless to find suitable accommodation. Unfortunately housing association tenancies can only be offered to people who qualify for the Trust Homechoice register and this may take some time. You will be awarded a higher banding on the Homechoice register which should enable you to bid and be made an offer of a suitable property. Your Housing Solutions Adviser will help you to join the Trust Homechoice CBL scheme

Anything else you should know?

Furniture

If you have your own furniture or bulky belongings, you should try to arrange storage before you leave your accommodation. It is possible that friends and relatives may be able to help you with storage.

In some very exceptional circumstances, if you have no arrangements to keep your furniture and belongings safe, we may be able to help you with storage. You will have to obtain three quotes from removals and storage companies. The lowest quote will be accepted. You will have to repay Cheshire West & Chester Local Authority for the cost of moving and storing your belongings

Pets

It is likely, that, if you use temporary accommodation you will not be able to take any pets with you. The Local Authority is not able to arrange to have your pets looked after, so you will need to make arrangements for your family or friends to take care of.

Housing Options

Please remember that, even if you think you are homeless or threatened with homelessness we may not have a legal duty to find you a home. And even if we agree that we have a duty towards you, we might not be able to give you the type of home you would like. However, we will try to do all we can to help you find an affordable home within Cheshire West & Chester and whether or not we accept that you are homeless. Anyone who approaches Cheshire West & Chester’s Housing Solutions service with a housing problem will receive advice on the options available to them.