Temporary Accommodation Policy and Procedure
Case reference FOI2023/01814
Published 29 November 2023
Request
Can you please provide me with the following documents via the FREEDOM OF INFORMATION ACT: Eviction from Temporary Accommodation Policy and Procedure.
Response
A: The Service area have provided the following response:
At present the Housing Solutions Team does not have written policy and procedures with regard to evictions from temporary accommodation provided under a duty or under a power. The Housing Solutions Team is currently undergoing a review of its structure as well as policies, procedures. As part of this review, written policy and procedures for all aspects of the Team's work are being updated and where there are gaps in provision new policies and procedures are being introduced. As you will appreciate this is a very large undertaking and unfortunately we are unable to give a timescale for the completion of this work, however we will give a commitment to send the requester a copy of the relevant policies and procedures referring to eviction from temporary accommodation once they have been completed and signed off.
In the absence of written policy and procedures the Housing Solutions Team has based decisions about bring temporary accommodation to an end on the relevant legislation and guidance. Where temporary accommodation is provided under S193(2) of the Housing Act 1996 as amended, commonly referred to as the 'main duty', the legislation set out in S193(5 - 7AA) of the Act as well as the guidance set out in Chapter 9 and 15 of the Homelessness code of guidance for local authorities (2018) give grounds and guidance as to when the 'main duty' can be discharged. Where temporary accommodation is provided under S188 of the Act that accommodation comes to an end when the applicant is notified of the authority's decision, as set out in S188(3) of the Act. Where temporary accommodation is provided under S189B of the Act that accommodation is brought to an end at the point the Relief Duty comes to an end. Where temporary accommodation is provided under S190 of the Act it is brought to an end at the expiry of the reasonable period, as set out in S190(2) of the Act. The policy and procedures being drawn up will incorporate the relevant legislation and guidance.
Documents
This is Herefordshire Council's response to a freedom of information (FOI) or environmental information regulations (EIR) request.
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