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Marginally housed or marginally homeless?

Published online by Cambridge University Press:  06 April 2022

Emma Laurie
Emma Laurie*
Affiliation:
Associate Professor of Law, School of Law, University of Southampton, UK
*
*Corresponding author. E-mail: emma.laurie@soton.ac.uk
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Abstract

The English homelessness scheme has been lauded as being one of the most progressive in the world for offering an individually legally enforceable right to housing to those people who meet the statutory criteria. Its definition of homelessness is also liberal by comparison with many other countries within Europe and beyond, extending significantly beyond the stereotypical rooflessness experienced by rough sleepers. Nevertheless, the scheme is highly selective and targeted, and assesses homelessness through a test of relative need, rather than enshrining a minimally acceptable standard of housing. It thereby creates a category of the marginally housed whose housing needs are assessed as insufficiently poor to be officially categorised as homeless, yet who are living in severely inadequate housing. To reduce the uncertainty and contingency of the current test, the paper proposes the adoption of a new test of habitability.

Keywords

homelessnesssocial policyhabitabilityEngland
Type
Special Issue Article
Information
International Journal of Law in Context , Volume 18 , Special Issue 1: Marginalisation in Law, Policy and Society , March 2022 , pp. 69 - 84
Copyright
Copyright © The Author(s), 2022. Published by Cambridge University Press

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References

Amore, K, Baker, M and Howden-Chapman, P (2011) The ETHOS definition and classification of homelessness: an analysis. European Journal of Homelessness 5, 19–37.Google Scholar
Arden, A, Bates, J and Vanhegan, T (2018/1982) Homelessness and Allocations, 11th edn. Legal Action Group.Google Scholar
Batterham, D (2018) Homelessness as capability deprivation: a conceptual model. Housing Theory and Society 1, 274–297.Google Scholar
Bengtsson, B (2001) Housing as a social right: implications for welfare state theory. Scandinavian Political Studies 24, 255.CrossRefGoogle Scholar
Bevan, C (2019) Improving housing conditions in the private and social rented sectors: the Homes (Fit for Human Habitation) Act 2018 – fit for habitation but fit for purpose? Modern Law Review 82, 897–921.CrossRefGoogle Scholar
Bramley, G and Fitzpatrick, S (2018) Homelessness in the UK: who is most at risk? Housing Studies 33, 96–116.CrossRefGoogle Scholar
Carr, H et al. (2017) Closing the Gaps: Health and Safety at Home. Available at: https://www.kent.ac.uk/news/society/15801/call-for-new-law-to-protect-tenants-in-their-homes-after-grenfell (accessed 14 January 2022).Google Scholar
Children's Commissioner (2019) Bleak Houses: Tackling the Crisis of Family Homelessness in England.Google Scholar
Cowan, D (2011) Housing Law and Policy. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Cowan, D (2019) Reducing homelessness or re-ordering the deckchairs? Modern Law Review 82, 71–107.CrossRefGoogle Scholar
Davis, C (1992) Housing Associations: rehousing Women Leaving Domestic Violence. Bristol: Policy Press.Google Scholar
Defoe, PS and Thompson, AD (2020) Practical implications/application of the Homes (Fitness for Human Habitation) Act 2018. Journal of Housing Law 23, 53.Google Scholar
Department for Communities and Local Government (2017) Fixing our Broken Housing Market, CM 9352 2017. London: Department for Communities and Local Government.Google Scholar
Downie, M et al. (2018) Everybody In: How to End Homelessness in Great Britain. London: Crisis.Google Scholar
English Housing Survey (EHS) (2017–2018) English Housing Survey Data on Social and Private Renters: Demographic and Economic Data on Social and Private Renters.Google Scholar
Fitzpatrick, S and Pawson, H (2014) Ending security of tenure for social renters: transitioning to ‘ambulance service’ social housing? Housing Studies 29, 597–615.Google Scholar
Fitzpatrick, S and Pleace, N (2012) The statutory homelessness system in England: a fair and effective rights-based model? Housing Studies 27, 232–251.CrossRefGoogle Scholar
Fitzpatrick, S and Watts, B (2010) The ‘right to housing’ for homeless people. In O'Sullivan, E et al. (eds), Homelessness Research in Europe 2010. Brussels: FEANTSA.Google Scholar
Forrest, R and Murie, A (1988) Selling the Welfare State: The Privatisation of Public Housing. Abingdon: Routledge.Google Scholar
Gabbard, WJ et al. (2007) Methodological issues in enumeration homeless individuals. Journal of Social Distress and the Homeless 16, 90.CrossRefGoogle Scholar
Harris, N (2018) Welfare rights, austerity and the decision to leave the EU: influences on UK social security law. Journal of Social Security Law 25, 9.Google Scholar
House of Commons Library (2018) Overcrowded Housing – England, Briefing Paper 1013. London: House of Commons Library.Google Scholar
House of Commons Library (2020a) A New Era of Social Rented Housing in England? Briefing Paper 8963. London: House of Commons Library.Google Scholar
House of Commons Library (2020b) Statutory Homelessness (England), Briefing Paper 01164. London: House of Commons Library.Google Scholar
Houses of Parliamentary Office of Science and Technology (2018) Health in Private Rented Housing, POSTNOTE Number 573. London: Houses of Parliamentary Office of Science and Technology.Google Scholar
Housing Health and Safety Rating System (HHSRS) (2019) Outcomes of Report on Housing Health and Safety Rating System. Available at: https://www.gov.uk/government/publications/housing-health-and-safety-rating-system-outcomes-of-the-scoping-review/outcomes-of-report-on-housing-health-and-safety-rating-system-hhsrs-scoping-review (accessed 14 January 2022).Google Scholar
Housing, Communities and Local Government Committee (2020) Protecting Rough Sleepers and Renters, Interim Report HC 309. Available at: https://publications.parliament.uk/pa/cm5801/cmselect/cmcomloc/309/30901.htm (accessed 26 January 2022).Google Scholar
Institute of Health Equity (2020) Health Equity in England: The Marmot Review 10 Years On.Google Scholar
Just Fair (2015) Protecting the Right to Housing in England: A Context of Crisis. London, Just Fair.Google Scholar
Laurie, E (2011) Filling the accountability gap in housing allocations decision-making. Legal Studies 31, 442.CrossRefGoogle Scholar
Laurie, E (2021) Homelessness and the ‘over-judicialisation’ of welfare. Legal Studies 41, 39–54.CrossRefGoogle Scholar
Law Commission (1996) Landlord and Tenant: Responsibility for State and Condition of Property, Law Com No. 238. Available at: https://www.lawcom.gov.uk/project/landlord-and-tenant-responsibility-for-state-and-condition-of-property/ (accessed 27 January 2022).Google Scholar
Local Government Information Unit (2020) State of Local Government Finance Survey 2020. Available at: https://lgiu.org/wp-content/uploads/2020/02/LGIU-State-of-local-government-finance-2020.pdf (accessed 14 January 2022).Google Scholar
Loveland, I (1995) Housing Homeless Persons. Oxford: Clarendon Press.Google Scholar
Lowe, S and Meers, J (2015) Responsibilisation of everyday life: housing and welfare state change. In Irving Z, Fenger M and Hudson J (eds), Social Policy Review 27.Google Scholar
Marmot, M (2010) Fair Society, Healthy Lives: The Marmot Review: Strategic Review of Health Inequalities in England Post-2010.Google Scholar
Ministry of Housing, Communities and Local Government (2019–2020) English Housing Survey Headline Report 2019–20. Available at: https://www.gov.uk/government/statistics/english-housing-survey-2019-to-2020-headline-report (accessed 27 January 2022).Google Scholar
National Housing Federation (2019) How Many People Need a Social Rented Home? Briefing. Available at: https://www.housing.org.uk/globalassets/files/resource-files/nhf_briefing_how_many_people_need_a_social_rented_home_final.pdf (accessed 26 January 2022).Google Scholar
Neale, J (1997) Homelessness and theory reconsidered. Housing Studies 12, 47–61.Google Scholar
Nield, S and Laurie, E (2019) The private-public divide and horizontality in the English rental sector. Public Law 724, 729.Google Scholar
Office of the Deputy Prime Minister (2004) Overcrowding in England: The National and Regional Picture.Google Scholar
O'Sullivan, E et al. (eds) (2010) Homelessness Research in Europe. Brussels: FEANTSA.Google Scholar
Peaker, G (2009) Not reasonable but suitable. Nearly Legal blog, 2 July. Available at: https://nearlylegal.co.uk/2009/07/not-reasonable-but-suitable/ (accessed 14 January 2022).Google Scholar
Pleace, N (2016) The under-representation of women in European definitions of homelessness. In Mayock, P and Bretherton, J (eds), Women's Homelessness in Europe.Google Scholar
Pleace, N, Teller, N and Quilgars, D (2011) Social Housing Allocation and Homelessness. Brussels: European Observatory on Homelessness.Google Scholar
Public Accounts Committee (2019) Sale of Public Land. Available at: https://publications.parliament.uk/pa/cm201719/cmselect/cmpubacc/2040/204002.htm (accessed 26 January 2022).Google Scholar
Rubens, T and Moss, K (2018) The impact of the Homelessness Reduction Act 2017 on women survivors who have experienced domestic abuse – Part 2. Journal of Housing Law 21, 95–101.Google Scholar
Rutter, J and Latorre, M (2009) Social Housing Allocation and Immigrant Communities. London: Equality and Human Rights Commission.Google Scholar
Ryder, E (2020) JUSTICE report: Solving housing disputes: introduction. Journal of Housing Law 23, 43.Google Scholar
Sahlin, I (2012) The logos of ETHOS. European Journal of Homelessness 6, 227.Google Scholar
Shelter (2005) Full House? How Overcrowded Housing Affects Families. Available at: https://england.shelter.org.uk/professional_resources/policy_and_research/policy_library/full_house_how_overcrowded_housing_affects_families (accessed 26 January 2022).Google Scholar
Shelter (2016) Living Home Standard. Available at: https://england.shelter.org.uk/professional_resources/policy_and_research/policy_library/report_living_home_standard (accessed 26 January 2022).Google Scholar
Somerville, P (2013) Understanding homelessness. Housing, Theory and Society 30, 384.CrossRefGoogle Scholar
UN (no date) The Right to Adequate Housing, Fact Sheet 21. Available at https://www.un.org/ruleoflaw/files/FactSheet21en.pdf (accessed 14 January 2022).Google Scholar
UN Committee on Economic, Social and Cultural Rights (1991) General Comment No. 4: The Right to Adequate Housing (Art. 11 (1) of the Covenant), E/1992/23. Available at: https://www.refworld.org/docid/47a7079a1.html (accessed 14 January 2022).Google Scholar
UN General Assembly (2017) Report of the Special Rapporteur on Adequate Housing as a Component of the Right to an Adequate Standard of Living, and on the Right to Non-discrimination in this Context, A/HRC/31/54. Available at: https://digitallibrary.un.org/record/861179 (accessed 14 January 2022).Google Scholar
Watts, E (2013) The impact of legal rights to housing for homeless people: a normative comparison of Scotland and Ireland. Unpublished PhD thesis, University of York, York.Google Scholar
Watts, E and Fitzpatrick, S (2020) Capabilities, value pluralism and homelessness. Housing, Theory and Society 37, 295.Google Scholar
World Health Organization (WHO) (1989) Health Principles of Housing. Available at: https://apps.who.int/iris/handle/10665/39847 (accessed 14 January 2022).Google Scholar