Glossary

Accommodation

Any place where a young person can stay. Accommodation can be divided into that which is temporary (for example, interim accommodation, staying with friends) or settled.

Bed and breakfast

Accommodation in a bed and breakfast hotel. Many bed and breakfast hotels expect occupiers to vacate their rooms during the day. Bed and breakfast is usually not suitable for young people.

Case conference meeting

A meeting to discuss solutions to a young person's situation, attended by all agencies that are involved.

Child in need

Any person under 18 years of age who is in need of services to help them to maintain or achieve a reasonable standard of health and development, or who is disabled.

Code of Guidance

The Homelessness Code of Guidance for Local Authorities gives guidance to councils on how to apply the law on homelessness contained in Part 7 of the Housing Act 1996. It is not legally binding, but councils must have regard to the Code when exercising their functions under Part 7. The most recent Code came into force on 4 September 2006. Chapter 12 specifically relates to how the law applies to 16- and 17-year-olds. The Code can be downloaded from the Communities and Local Government (CLG) website.

Council

In the context of these pages, a borough, city, or district council (that is, not a county or parish authority). These councils have wide-ranging responsibility for housing in their area. The department that is responsible for housing for homeless people will be the homelessness section (sometimes called the homeless persons unit), which is usually part of the housing department.

County court appeal

In the context of homelessness law, an appeal against a homelessness decision (normally a decision on review, although where a decision on review is not made within the statutory deadline, the original decision can be appealed in the county court) on a point of law (rather than on the facts of the case) to the county court.

Custody

A period of imprisonment.

Decision/homelessness decision

A decision, further to a homelessness application, as to what duty the local authority owes the applicant. See the page on homelessness applications for more information.

Deposit guarantee scheme

A scheme, administered by a council or voluntary organisation, to enable people on low incomes to afford to access privately rented accommodation where a deposit is required. Schemes will often take the form of a bond: rather than making a cash payment to the landlord, the organisation makes a promise to pay should the tenant default.

Discretionary housing payment

A discretionary payment made by the local council to help a person afford their accommodation costs. See the page on paying for accommodation for more information.

Disrepair

Any problem with the state of a property. Landlords have duties to make some repairs. Serious disrepair may mean that the property is unfit for human habitation.

Duty

A legal obligation that must be met. In the context of these pages, this mostly refers to the obligations of councils under homelessness law. Legal action (for example, judicial review) can be taken where a council fails to meet a duty.

Eligibility

One of the tests that councils apply when deciding what duties they have under homelessness law. A person may not be eligible for assistance under homelessness law if they a person from abroad subject to immigration control, or are not habitually resident in the UK. Where clients have problems with eligibility, we recommend that you seek specialist advice.

Emergency

In the context of these pages, any situation where a young homeless person will have to sleep rough that night.

Enquiries

Investigations made by a council to establish what duty they owe to a homeless applicant.

Eviction

Bringing someone's occupation of accommodation to an end. In order to evict someone from accommodation legally, the landlord will usually need a court order, unless the accommodation is very insecure (for example, nightshelters or accommodation with relatives or friends).

Evidence

Any information or documentation that is pertinent to a young person's case.

Formal complaint

In the context of these pages, a complaint to a council made in accordance with their complaints procedure. If a complaint is not dealt with in good time, or the complainant is not satisfied with the council's response, a complaint could be made to the Local Government Ombudsman.

Form of authority

A form signed by a young person to confirm that an adviser has permission to act on their behalf.

Foyer

Supported housing for people aged under 25, affiliated to the Foyer Federation.

Full housing duty

The duty a council has towards a homeless applicant who is homeless, eligible for assistance, has a priority need, and is not intentionally homeless. The duty is to offer the applicant temporary accommodation until such time that the applicant can be offered settled accommodation. The duty may be referred to another council if the applicant does not have a local connection. The duty is also brought to an end if the applicant voluntarily leaves or becomes intentionally homeless from the temporary accommodation.

Gatekeeping

Refusal to accept a homelessness application where there is a duty to do so.

Homelessness

Having nowhere to live. The law defines homelessness more widely than sleeping rough. A person can be homeless, even if they have accommodation, where it is not reasonable for them to continue to occupy that accommodation. With most young people who are staying temporarily with friends or 'sofa surfing', for example, the accommodation is likely to be not reasonable to continue to occupy, so they will be homeless. A person is threatened with homelessness if it is likely that they will become homeless within the next 28 days.

Homelessness application

An application to a council for housing assistance by someone who is homeless. See the page on homelessness applications for more information.

Homelessness law/legislation

The legal 'safety net' for homeless people. Under the legislation, which is contained in Part 7 of the Housing Act 1996, councils have a legal duty to help all homeless people. The level of help varies from a duty to offer advice the homeless person, to a duty to provide them with settled accommodation, depending on the homeless person's circumstances.

Homelessness prevention

Any attempt to prevent a person becoming homeless, by either helping them to maintain their current accommodation, or delaying eviction to allow them to make a planned move to alternative accommodation.

Hostel

Accommodation that is usually for homeless people. Hostels can be short- or long-stay, but do not provide permanent accommodation.

Housing benefit

A welfare benefit, administered by councils, to help people on low incomes to pay their rent.

Housing needs assessment

An assessment of a person who is in housing need, identifying the cause of that housing need, factors that make it difficult for the person to resolve their housing problem, and appropriate solutions to the problem.

Intentional homelessness

A person becomes homeless intentionally if they have deliberately done (or failed to do) something that has caused them to lose their accommodation. See the page on intentional homelessness for more information.

Interim accommodation

Accommodation offered to a homelessness applicant while inquiries are being made into their situation. Councils have a duty to offer interim accommodation where there is reason to believe that the applicant may be homeless, eligible for assistance, and has a priority need. The duty comes to an end when the applicant is notified of decision on her/his application. If the applicant requests a review of the decision, the local authority has a power to continue to provide interim accommodation.

Judicial review

Judicial review is a legal remedy available only in the High Court. It can be used to challenge certain decisions made by public bodies, such as councils, in the exercise of their public functions. It is also a way of compelling a council to make a decision or to exercise discretion where Parliament has placed the council under a duty. So, for example, a judicial review can be used to compel a council to offer interim accommodation to an applicant where it has a duty.

Local connection

A connection with a council's area, which means that that council will not be able to refer an applicant to another council if a full housing duty is owed. See the page on local connection for more information.

Local housing allowance

A new way of calculating entitlement to help with rent payments (ie housing benefit), this was initially by 18 councils but has now been rolled out nationally and will apply to most new claims by people who have an assured shorthold tenancy with a private landlord.

Mediation

Third-party assistance with negotiations to help parties resolve a dispute. In the context of these pages, mediation would usually help a young person to negotiate with their parents so that they are allowed to remain in the family home.

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