Homelessness Bill
AMENDMENTS
TO BE MOVED
IN COMMITTEE
| | THE BARONESS MADDOCK
THE BARONESS HAMWEE |
| Page 3, line 12, at end insert— |
| "(5A) | In particular, the authority shall have regard to their Supporting People strategy (or shadow strategy, if appropriate) when formulating their homelessness strategy and ensure that, as far as is practicable, each strategy is complementary to and consistent with the other." |
| | THE BARONESS MADDOCK
THE BARONESS HAMWEE |
| Page 4, line 40, at end insert ", and states that the offer shall remain available for such period as the authority may determine is reasonable in all the circumstances." |
| | THE BARONESS MADDOCK
THE BARONESS HAMWEE |
| Insert the following new Clause— |
| | After section 202 of the 1996 Act (right to request review of decision) there is inserted— |
| | "202A Section 202: reviews |
| (1) | This section applies where an applicant has the right to request a review of a decision by an authority or authorities under section 202. |
| (2) | If the applicant is dissatisfied with a decision by the authority— |
| (a) | not to exercise their power to continue to secure that accommodation is available for the applicant's occupation pending a review under section 188; |
| (b) | in a case where the authority have secured that accommodation is available for the applicant's occupation under section 190(2)(a), to cease to secure that accommodation is so available before the time available to the applicant to bring an appeal under section 204 of the Act has expired (or, if sooner, the day on which an appeal is brought by the applicant); |
| (c) | not to exercise their power to secure that accommodation is available for the applicant's occupation pending a review, under section 200(5); or |
| (d) | to exercise their power under either section 118 or section 200(5) for a limited time ending before the time available to the applicant to bring an appeal under section 204 of the Act has expired (or, if sooner, the day on which an appeal is brought by the applicant) or, in either case, to cease exercising their power before that time, |
| | he may appeal to the county court against the decision. |
| (3) | An appeal under this section may not be brought after the time available to the applicant to bring an appeal under section 204 of the Act has expired (or, if sooner, after the date on which an appeal is brought). |
| (4) | On an appeal under this section, the court— |
| (a) | may order the authority to secure that accommodation is available for the applicant's occupation until the time available to the applicant to bring an appeal under section 204 of the Act has expired (or such earlier time as the court may specify); and |
| (b) | shall confirm or quash the decision appealed against, |
| | and in considering whether to confirm or quash the decision the court shall apply the principles applied by the High Court on an application for judicial review. |
| (5) | If the court quashes the decision it may order the authority to exercise any of the powers mentioned in subsection (2) in the applicant's case for such period as may be specified in the order. |
| (6) | An order under subsection (5)— |
| (a) | may only be made if the court is satisfied that failure to exercise the power in accordance with the order would substantially prejudice the applicant's ability to pursue the review against the authority's decision in his case; |
| (b) | may not specify any period ending after the time available to the applicant to bring an appeal under section 204 of the Act has expired."" |
| | THE BARONESS MADDOCK
THE BARONESS HAMWEE |
| Page 8, leave out lines 12 and 13 |
| Page 8, line 15, leave out "or (b)" |
| Page 8, leave out lines 37 to 45 |
| Page 9, leave out lines 1 to 10 |
| Page 9, leave out lines 15 and 16 |
| Page 9, leave out lines 22 to 25 |
| | THE BARONESS MADDOCK
THE BARONESS HAMWEE |
| Page 11, line 1, after "any" insert "deliberate, wilful, or negligent" |
| Page 11, line 6, after "given" insert "or allocation to be made" |
| Page 11, leave out lines 15 to 17 and insert— |
| "(2D) | The only behaviour which may be regarded by the authority as unacceptable for the purposes of subsection (2C)(a) is— |
| (a) | the behaviour of the person concerned which would (if he were a secure tenant of the authority) entitle the authority to a possession order under section 84 of the Housing Act 1985 (c. 68) on any ground mentioned in Part 1 of Schedule 2 to that Act (other than ground 8); or |
| (b) | the behaviour of a member of his household which would (if he were a person residing with a secure tenant of the authority) entitle the authority to such a possession order." |
| Page 11, line 37, leave out from beginning to "of" and insert "is informed" |
| | THE BARONESS MADDOCK
THE BARONESS HAMWEE |
| Page 15, line 23, at end insert— |
| "(16A) | For section 210(1) of the 1996 Act (suitability of accommodation) there is substituted— |
| "(1) | In determining for the purposes of this Part whether accommodation is suitable for a person, accommodation shall only be regarded as suitable if— |
| (a) | it is not overcrowded (within the meaning of section 324 of the Housing Act 1985 (c. 68)); |
| (b) | it is fit for the number of occupants and it has adequate means of escape from fire (within the meaning of sections 352 and 365 of the Housing Act 1985); and |
| (c) | in the view of the authority it is fit for human habitation (within the meaning of section 604 of the Housing Act 1985)."" |
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