Gatekeeping

Gatekeeping is the name generally given where a council refuses to take a homelessness application and/or provide interim accommodation where they have a duty to do so. This page looks at the legal issues involved, and how advisers can help young people who find themselves in this situation.

What the law says

A council has a duty to take a homelessness application when a young person that approaches it for housing assistance may be homeless or threatened with homelessness within 28 days.

It will have a duty to provide interim accommodation if, in addition, there is reason to believe that the young person may be eligible for assistance and have a priority need.

Why might the council refuse to take an application?

There are many reasons why a council may refuse to take a homelessness application and/or provide interim accommodation for a young person.

• It claims that there is no reason to believe that the young person may be homeless.
• It claims that there is no reason to believe that the young person may be eligible for assistance or in priority need.
• It says that the young person is intentionally homeless or has no local connection.
• It claims to be working to prevent the young person's homelessness.
• It will not take an application until the young person provides some evidence of their circumstances.
• It tells the young person to seek assistance from social services.

Evidence

The 'reason to believe' test is a low threshold. It is arguable that a young person telling the council that they are homeless gives them 'reason to believe' that they are, and that the council must take the application, unless it has reason to believe that they are lying.

It is the council's duty to make inquiries; telling a young person to provide evidence is essentially abdicating this responsibility. If the council has requested further evidence, then it has, in effect, already accepted that it needs to make further inquiries, and thus has effectively taken an application, and should provide accommodation if appropriate.

'Relevant children' and 'children in need'

If the young person is a 'relevant child' or 'child in need' (see the glossary for an explanation of these terms), they will not have a priority need, and social services will have a duty to accommodate them. If there is no evidence that they are a 'relevant child' or 'child in need', but the council thinks they may be, then it should take an application and provide interim accommodation pending clarification.

Intentional homelessness/local connection

Decisions as to intentional homelessness or local connection should only be made after inquiries have been made. A council cannot avoid its duty to take an application or provide interim accommodation by prejudging the outcome of the case in this way.

Homelessness prevention

Homelessness prevention is more of a contentious matter. Government policy has increasingly emphasised providing people with ways to meet their housing needs to avoid becoming homeless.

The main method of prevention where young people are concerned is mediation: using a third party to help with negotiations with the people that the young person lives with (usually their parents(s)) to resolve the problems that have led to their being evicted or threatened with eviction.

Councils increasingly offer a housing options interview, to ascertain whether there may be a way of preventing homelessness, or delaying it long enough for the young person to find an alternative option to making a homelessness application.

While this is a positive move in general, the guidance provided by the government is that authorities should only delay taking an application or not take an application where this is appropriate and acceptable to the applicant.

If any delay would mean that the young person would have to sleep rough, or would be at risk of abuse, this is not acceptable, and the local authority should take an application and provide interim accommodation.

How can I help?

You should initially:

• talk to the council to find out why they have refused or delayed taking an application and/or providing interim accommodation. Remember to keep notes of who you spoke to and what was said.
• ascertain whether any actions the council are taking are unlawful or inappropriate. If you cannot find this using the information in the Advising young people pages (or elsewhere on the Shelter website) then you should seek further advice from a housing specialist advice agency.
• discuss with the young person whether they feel that the council's actions are acceptable to them.

Where there is no reason to believe that the young person may be homeless, eligible, or have a priority need

Advise them on alternative accommodation options. If there is reason to believe that they may be homeless, but not eligible or in priority need, you can insist that an application is taken, but there will be no case for insisting upon interim accommodation. The council must also give them advice and assistance; you can contact the council to discuss what advice and assistance it can give.

Where there is reason to believe that the young person may be homeless, eligible for assistance, and has a priority need

If:

• any action the council is taking to prevent homelessness are not appropriate or are unacceptable to the young person, or
• the young person is already homeless, and will have to sleep rough, or
• the young person will be at risk if they remain in/return to their present accommodation

then you will need to insist that an application is taken and interim accommodation provided. Specific scenarios are covered below.

Where the problem is lack of evidence

• Consider whether any appropriate evidence may be available.
• Send it to the council; they may change their decision.

Even where evidence is not available, you can insist that an application is taken and interim accommodation provided, reminding the council that it is its duty to make inquiries.

Where the problem is alleged intentional homelessness or lack of local connection

You can, again, insist that an application is taken, and remind the council that it can only decide on intentional homelessness or local connection after making inquiries, and that, until a decision is made, they have a duty to provide interim accommodation.

Where the problem is that the council have told the young person to seek assistance from social services

• Insist on an application being taken and interim accommodation being provided pending clarification from the social services department.
• Suggest that the council sets up a meeting with the relevant social services team, or set up a case conference meeting yourself and invite representatives from the council and social services.
• Attend the meeting as the young person's representative, if appropriate.

What if the council will not take an application?

If you have difficulty persuading the council to take an application, you can:

• put the request in writing (the standard application letter can be adapted for this purpose), asking for a written response explaining why, if the council still refuses to take an application
• if this is unsuccessful, or there is no response, try speaking or writing to a council officer who is senior to the officer you have been dealing with (for example, a senior homelessness officer or the homelessness team leader, or perhaps the council's legal section)
• if this is unsuccessful, you can refer the young person to a solicitor for consideration of judicial review of the council's refusal to take an application, and let the council know that you are doing so.

Be persistent

Sometimes councils will dig their heels in; the important thing to remember is that persistence, and presenting the council with reasoned argument as to why it should take an application, will often bring rewards. You can also make a formal complaint to the council where you believe they are acting unlawfully or unreasonably.