Blog

22 Jan 2020

Challenging Lambeth’s unfair treatment of homeless families!

2020-01-24T13:56:23+00:0022nd January 2020|

We’ve been working with our friends at Housing Action Southwark and Lambeth (HASL) on a challenge to Lambeth’s unfair and misleading ‘Temp2Settled’ scheme. In the second of our series of interviews with PILC solicitors, we spoke to Helen Mowatt about how working with grassroots groups can help lawyers see the bigger picture when it comes to strategic litigation.

Can you tell us a bit about the Temp2Settled case?

When a homeless family presents to Lambeth as homeless, the council gives them a number of options. One option is Lambeth’s Temp2Settled Scheme. Under this scheme, if a household agrees go into private rented sector accommodation rather than council-provided temporary accommodation, the council will put them into a higher band on the housing register. (Councils decide who gets offered housing based on a priority ‘banding’ system. The higher your band the more likely you are to get housed). Families are advised they’ll have a much higher chance of getting permanent accommodation because they’ll be in band B instead of band C.

They’re also told that if they stay in band C they’re unlikely ever to get permanent accommodation—or that it could take years and years. Basically the council is saying: ‘You should go down the Temp2Settled route. Go into band B and you’ll have a much better chance of getting permanent accommodation.’

So what’s the problem?

The problem is it isn’t true! Families often think it sounds like a really good deal and they accept the offer. But what Lambeth council don’t tell them is that if they’re placed in private rented accommodation outside of the borough, they’ll be removed from the waiting list after two years if they haven’t been successful in securing a property.

We’ve got FOI data showing that only 2% of households needing a 2-bedroom property were accommodated through the housing register within a 2-year period. Far from having a better chance of securing permanent accommodation through Temp2Settled Scheme, people have almost no chance of securing accommodation within those two years, at the end of which they’ll be removed from the housing register.

What kind of people are being affected by this?

Many of those affected are families from South London’s Latinx community. The issue tends to affect migrant families for two reasons. One is that they are more likely to be new to the borough so they haven’t had a chance to build up time on the housing register before entering the scheme. The other reason is that—for language reasons—migrant families often don’t understand the nature of the scheme. They might not be aware of whether they’re in private rented accommodation or council temporary accommodation.

What are the potential consequences for families?

One consequence is that if you go down the private rental sector route you’re giving up your right to suitable housing. If there’s something wrong with your accommodation and you’re in the private sector, you don’t have the same rights as if you have a council tenancy. You can’t challenge the suitability of your accommodation in the same way and you don’t have the same rights when threatened with eviction.

People are giving up these rights in order to have a ‘much better chance’ of getting permanent accommodation’—but most families stand no chance of getting permanent housing through the scheme.

So the council is trying to ‘game’ the homelessness statistics by reducing the number of people on the list?

It appears that way. When they issue their homelessness figures they can say ‘we’re doing better than in previous years and we’re doing better than neighbouring boroughs’. Temp2Settled also helps them reduce the number of people they have a responsibility to house and get homeless families out of the borough. This is a big deal in a time of rising homelessness and huge housing shortages.

How have you worked with HASL to bring this challenge?

HASL have great links with the community in Lambeth—in fact, they’re part of the community. This means they can see what’s happening on the ground more easily than, say, a local law centre.

HASL initially referred a domestic violence case to us. We helped get the client into permanent accommodation. Then we started meeting up more and instead of just discussing individual cases we found ourselves talking about the wider situation with housing in Lambeth. Temp2Settled was one of the themes that emerged from those conversations.

One of the reasons we think this hasn’t been picked up before is that housing solicitors tend to work at the ‘micro’ level. They’re meeting clients’ needs case-by-case, so they don’t have time to look at the wider trends that are emerging.

What do schemes like Temp2Settled says about the culture of local authority housing departments—and what outcome are you hoping for from this case?

It appears that this is more than just negligence, but potentially bad faith. There’s a wickedness in the culture of some housing departments. People are seen as numbers and not as people. It doesn’t matter how vulnerable you are or what your circumstances are, the goal is to get the numbers down.
Of course, this mentality is related to the limited housing stock and to austerity. But councils need to be pushing back against that—not passing the pain onto vulnerable people.
Schemes like these also support the gentrification agenda of many London local authorities – it’s in the commercial interests of councils to get as many homeless and low-income families out of the borough as possible

If Lambeth council have deliberately misinformed people in an attempt to get their numbers down, we want them to admit this and apologise. We want all these families to be put back on the register. This would send a huge message to councils—that it’s not acceptable to put your targets ahead of the needs of the community.

Video – HASL member Susana explains her experience of the Temp2Settled Scheme

21 Oct 2019

Defending the Elephant against profit-driven development!

2020-01-30T16:13:46+00:0021st October 2019|

On Tuesday 22nd October at 9am there will be a solidarity demonstration outside the High Court to coincide with the start of the two-day hearing of Public Interest Law Centre’s judicial review of the proposed development of the Elephant and Castle shopping centre.

For the inaugural PILC blog, we asked senior solicitor Paul Heron about the case and its wider significance.

Can you tell us a bit about the case and what’s at stake for the local community?

In essence this case is about ensuring that the new Elephant and Castle development provides a maximum amount of genuinely affordable housing for the local community. Our challenge centres on the agreement between Southwark and the developer, Delancey, around the number of social housing units to be provided through the project.

Whilst social housing for working-class, migrant and ethnic-minority communities is the central issue, it is not the only thing at stake. Local traders are dissatisfied with the way the development scheme has been handled by Southwark. Some will not get spots in the new development while others will see their rents rise. We hope a positive outcome in this case will encourage Southwark to think again about their ‘regeneration’ agenda and its impact on the local community.

What are the key legal issues that the judge is going to be deciding upon during the hearing?

We are challenging whether the development scheme as proposed by Delancey is in line with Southwark’s planning policy. Delancey have claimed the most they can deliver in terms of affordable housing is 116 social housing units—out of nearly 1000 apartments that will be built. But they made this offer before claiming to have secured a GLA grant of £11.25 million! The local community want the GLA grant to be used to increase the provision of social rented units—instead of bolstering Delancey’s profit margin.

We think Southwark have undersold themselves with this development, possibly as a result of not understanding what they could get.

We’re also concerned that there may actually be insufficient money to complete the scheme and that even the paltry commitment of 116 social housing units will not be met. Southwark have given Delancey land and planning permission on the condition they provide a specified number of units. But there’s the prospect of Delancey turning round and saying to Southwark ‘we will give you money instead’. The sum offered in such a scenario is likely to be inadequate to the task and the units may not be built.

Defending housing as lived space against profit-driven development means mobilising communities. How have you worked with campaign groups to bring this case to court?

The groups we’ve worked with are Up the Elephant, 35% Campaign, Southwark Defend Council Housing and Latin Elephant. We’ve also reached out to traders.

These campaigners are massively involved in our case and they’ve been crucial to the JR being brought. One or two have a real interest in planning law and are veterans of the Aylesbury and Heygate Estate campaigns. Our case has benefitted from both their expertise and their links with the local community.

The campaigners have been involved at every stage. We’ve met with them to discuss what victory might looks like and how to press home the advantage from a win in court. We’ve also worked with them to plan for the possibility of defeat.

The judicial review had been brought on a crowdfunding basis. Because it’s an environmental case we have been able to engage Aarhus Convention rules to cap our client’s costs. The campaign has done a brilliant job in raising the £5000 needed to protect the client.

On October 22nd a coach full of campaigners will be coming up from the Elephant. They’ll be outside the High Court to remind the judge of the extent of local opposition to the way this development has been carried out.

The effect of displacement due to ‘urban renegeration’ in cities around the world has been compared to the devastation caused by war and natural disasters.[1] What do you think are the broader implications of this case for anti-gentrification campaigners? Are we in an era where the best we can hope for is to limit the damage caused by profit-driven development?

There’s an extent to which we are talking about damage limitation. Opposing these kinds of projects in London is generally a rearguard action of one sort of another, especially in boroughs like Southwark, Newham and Haringey where the Labour party establishment has traditionally been right wing and ardently pro-‘regeneration’.

Our strategy has been to use the threat—and reality—of legal action to wring concessions out of councils with respect to local residents and traders.  The message needs to be ‘we’re watching you—go back and make a better decision’.

We believe that a strong fight—and ideally victory—in cases like these can provide a springboard for future campaigns and re-galvanise community action against the commodification of lived space. In the context of broader developments in Southwark and elsewhere, that would be a pretty substantial result.


[1] David Madden & Peter Marcuse, In Defense of Housing, Verso: London and New York, 2016, p.3