Influencing Policy and Practice

Housing (Amendment) Bill 2009 Evidence

Publication Date: 25 August 2009 (Archive)

NIACRO submitted evidence to the Social Development Committee's review of the Housing (Amendment) Bill. In September 2009, we were invited make a presentation to the committee on the barriers faced by ex-offenders seeking accommodation post-prison, as well as discussing other vulnerable groups who have housing issues.

INTRODUCTION

NIACRO, the Northern Ireland Association for the Care and Resettlement of Offenders, is a voluntary organisation, working for almost 40 years to reduce crime and its impact on people and communities.  NIACRO provides services under the headings of; working with children and young people who offend; providing services to families and children of offenders; supporting offenders and ex-prisoners in the community and working with prisoners. 

We receive funding from, and work in partnership with all the main criminal justice agencies in Northern Ireland. 

NIACRO SERVICES 

NIACRO is experienced in dealing with issues concerning accommodation for offenders and ex-prisoners.  As part of our commitment to resettlement, we work closely with NI Housing Executive (NIHE) and the Housing Rights Service to help tenants retain their homes during imprisonment. We assist prisoners in addressing issues of homelessness, prior to their release, through an Advice Service in each of the three prisons in Northern Ireland.  Each year, this service deals with over 900 prisoners. 

Through our Family Links Service, NIACRO also offers support to the families of people in prison. Our APAC (Assisting People and Communities) project provides an individual needs-led approach to integration and in particular, work with the Housing Executive to assist people who risk losing their tenancy as a result of anti-social or offending behaviour.  The programme dealt with almost 50 cases in the past year and has been extended to include a dedicated worker for women offenders and another, who works to meet the needs of individuals with mental health issues. 

Our Base 2 project is funded by the Housing Executive to support individuals at risk from exclusion from their communities.  The team also provide risk assessment information to NIHE on the levels of threat experienced by the client.    

This assessment can assist the Homeless Support Unit to provide safe relocation into temporary hostel accommodation, with the aim of  offering permanent tenancy.

Intimidation, ranging from neighbour intimidation to that arising from civil disturbances accounts, on average, for around 15% of presentations.[1]  We work to make sure those affected remain in their homes and communities, with careful support and address problems that undermine their ability to remain in their communities.  Part of this work includes the Base 2 Project, which in 2008/2009, dealt with 925 housing related cases.

The NIACRO advice service also deals with many concerns regarding housing and the threat of homelessness.   In the 2008-2009 year, housing queries made up 16% of all queries to our service.

NIHE HOMELESS STRATEGY 

NIACRO supports the Executive being given responsibility to publish a homelessness strategy and provide advice about homelessness, with the NIHE remaining the lead agency. 

One third of prisoners lose their accommodation whilst in prison.[2]  Although NIHE offers support in terms of housing upon their release, this takes time and the individual continues to face the barriers of employment and access to services, while awaiting stable housing accommodation.

Individuals leaving prison, who make contact with support services within 72 hours of release, have a greater chance of successful reintegration, than those who do not.[3] 

The Strategy should clearly outline an NIHE commitment to work alongside other agencies to put in place connecting services to ensure the ex-offender has access to housing, finances, health services, education and employment.  This will reduce re-offending rates.

We agree with the identified departments being given responsibility for taking the strategy into account when undertaking their functions.  However, NIACRO also believes each department should publish how they intend to do so in their strategic planning and account for outcomes through their reporting mechanisms.

We would like to see the Prison Service added to this list.

Young People

There are categories of homeless people who don’t present to the Housing Executive, either because they do not feel their prospects of obtaining accommodation are strong, or because their lifestyle is unstable and processing an application has been difficult.

One such group is that of young people, particularly 16 and 17 year olds who are not catered for under child care legislation and who are homeless.

Few young homeless people are considered eligible for accommodation support under the Children’s Order (NI) 1995.  A significant number of homeless 16 and 17 year olds are not eligible for housing benefits and are faced with limited options.  Many present themselves to self-referral hostels or move from house to house, resulting in situations unsuitable for their needs and which may perpetuate existing difficulties. 

As they have responsibility for young people in care up to the age of 21, NIACRO believes there needs to be a clearer acceptance by Health and Social Care Trusts to take ownership of housing issues for 16-17 year olds.   Anecdotally, Base 2 staff report experiencing difficulties with young people under threat who have had to leave their homes.  There is no clear demarcation over which department resolves the issue through housing or social services.  Hence, there is often confusion over whether it is a housing issue and the whole family must relocate, or a child at risk issue, thereby making the situation the responsibility of Social Services.  With often no options for accommodation presented to them, whole families have had to move in response to the threat on the young person.

There also needs to be clarification over levels of responsibility once a young person enters the criminal justice system.  For instance, Social Services should make sure a young person in either juvenile detention or as a young adult in Hydebank Wood will still have their accommodation needs met upon release. 

Approximately 20% of Base 2 referrals are women, but at least two-thirds are the head of households where loss of tenancy and homelessness is due to the actions of the children.

There needs to be clearer acceptance by Health and Social Trusts to take ownership of the housing issues experienced by this group.

Women

The number of women in the criminal justice system may be relatively small, but the range of their accommodation needs are diverse – from shared accommodation offering a high level of support to independent accommodation which can facilitate children.

The current range of hostel accommodation is generally unsuitable for women, particularly those who are vulnerable and at risk of exploitation.  NIACRO proposes a shared house facility where separate living units can be identified and where there is also an optional shared living area, similar to some of the university accommodation currently available for students.

The shared living area would have staff available at particular times, co-ordinating a programme of services, such as benefits advice and social/creative activities.

In addition, a number of 2/3-bedroomed flats should be retained by the criminal justice system for women who have children and who are waiting to be offered emergency housing.    

There is also a need for a lodgings scheme to be developed to meet the needs of younger women.   Lone, homeless females are a vulnerable group, who may not cope with sharing accommodation with families who have suffered trauma. 

In order to reduce the likelihood of their offending (or re-offending) targeted, stable housing accommodation is necessary.    

This range of accommodation could be managed jointly by Probation Board NI and NIHE. It also needs to connect closely to specialist floating support provision provided by the voluntary sector.

We are particularly concerned about women in custody because there is no suitable accommodation available for them to receive bail.

Mental Health

Accommodation needs to be addressed within the Strategy for dealing with Personality Disorder, where small units offering high levels of support will be available for those who cannot manage in the community. 

NI needs small, supported units of accommodation where the delivery of mental health services is primary.

Prisoners

NIACRO gives advice to 900 prisoners per annum – Upon release, there must be a seamless and consistent transition within 72 hours for housing needs to be met.   Accommodation underpins resettlement and social integration contributing to a reduction in reoffending.

Private Rented Sector

The strategy should also consider the role of the private rented sector in ensuring sufficient accommodation is and will be available in NI to those who are or may become homeless (Clause 6, (1)(b)).

This introduces the issue of affordability, which is critical.  A significant number of ex-offenders are not entitled to social housing.  Anecdotally, clients tell us the difference between Housing Benefit funds and rent costs are proving difficult to sustain on a low income. The payment of a full month’s rent as a deposit is prohibitive and can cause delays in securing suitable accommodation.  Suitable accommodation for ex-offenders is fundamental for any progress to be made to reduce re-offending and encourage them to become active citizens in the community.

NIACRO favours the extension of the ‘Smartmove’ rent guarantee scheme – or a revised model - across Northern Ireland to improve access to private sector accommodation.

 DUTY OF EXECUTIVE TO PROVIDE ADVICE 

NIACRO welcomes this addition to the role of the Executive and proposes any advice follows the Plain English guide to make sure all language and format is easily understood by those with literacy difficulties. 

We support current policy whereby housing associations use Language Line and make sure most of their leaflets are printed in the eight main languages prevalent in N. Ireland.  NIACRO believes this practice must continue as further information and advice is disseminated.

In addressing repeat homelessness, we call for all policies and procedures to be developed in partnership with other agencies, such as the Health and Social Care Trusts, so individuals get the help they need, rather than experiencing the full effects of homelessness over and over again.

As guidance for a higher level of inter-agency work, NIACRO believes the Bill should also clearly state the minimum level of advice and information a person presenting as homeless can expect to receive.

A RIGHT OF REVIEW FOR HOMELESSNESS DECISIONS

NIACRO welcomes the inclusion of the right of review.  However, we believe the suggested period of 21 days may be confusing and difficult for some individuals to cope with.   The appointments with some advice agencies take up to four weeks to organise and vulnerable individuals will require these in order to undertake a proper right of review.  NIACRO proposes that, in line with the social security calendar month, an applicant should have 28 days to request a review.

When an individual enters custody, they are often stressed and not considering their tenancy status.  As a result, they are vulnerable to losing their tenancy, having been unlikely to alert their landlord of the changing circumstances.  In such cases, NIACRO would like a strengthening of the tenant’s right of appeal against termination of tenancy under the Bill.  We call for an official protocol between NIHE and NI Prison Service, whereby the Housing Executive can check the status of a tenant with the Prison Service and ascertain if they are likely to return to their accommodation.  This has the added advantage of flagging the individual as a future tenant, upon release.

A protocol between NIHE and the Prison Service does exist, however we would like the protocol to feature in the Bill and a review on its operational success to take place on a yearly basis.

INTRODUCTORY TENANCIES

People released from prison face barriers in accessing finance, including lack of employment opportunities and delays in receiving benefits (often due to an unstable living situation).

This group is more likely to find themselves in arrears and are at a higher risk of reoffending to deal with financial difficulties.  60% of ex-offenders are refused jobs because of their criminal record.[4]

Further, many prisoners also have mental health issues and these individuals with personality disorders are more likely to find it difficult to sustain relationships with neighbours.  This can potentially lead to issues with perceived anti-social behaviour and while NIACRO’s APAC programme was established to assist communities in dealing with these issues, we are a small operation and can only respond to 60-80 referrals per annum. 

Introductory tenancies alone will not deal with the cause behind anti-social behaviour and neighbour nuisance disputes.  Operating landlords simply have to remove the tenant, thereby displacing the problem.  The underlying behaviour is not addressed and may even be reinforced when the evicted tenant inevitably seeks accommodation from another provider, including the private rented sector.  The perpetrator may even stay in the same community, posing the same level of threat.

INTENTIONALITY

While not addressed in the Bill, NIACRO remains concerned about the interpretation of intentionality.  Under the Housing NI Order 1988, (as amended) the four tests of homeless applicants are –

1.                 Homelessness

2.                 Eligibility for assistance

3.                 Priority need

4.                 Intentionality

There is a widely held view that released prisoners are deemed to be intentionally homeless by virtue of the fact that had they not committed an offence and been imprisoned, they would not have lost their accommodation.  Clearly, this does little to reduce the potential of re-offending, once the individuals are back in the community.

Furthermore, we have anecdotal evidence of individuals returning to Northern Ireland after periods of enforced exile, who also find that they are regarded by the Housing Executive as intentionally homeless because they have voluntarily left accommodation provided in England.  A homelessness strategy for Northern Ireland must take account of the reality faced by some of its citizens attempting to resettle here.

We propose the Executive adopt a similar model developed under Scotland’s Housing Act 2003, whereby the authorities who are determining ‘intentionality,’ will also be obliged to secure a short term tenancy, with the aim of converting this to a long-term tenancy within 12 months.

CONCLUSION

NIACRO believes that it is important that the Social Development Committee reviews the issue of homelessness in Northern Ireland.  The community and voluntary sector have an important role in helping the Executive address this problem and we look forward to participating in the formulation of a Homeless Strategy for the future.



[1]Northern Ireland Housing Executive, Homelessness Strategy and Services Review Strategy, NIHE: Belfast 2005

[2]Home Office Social Exclusion Unit, Breaking the Circle, Home Office: London 2002

[3]Home Office, 2002

[4]Home Office, 2002