Housing rights, homelessness prevention and a paradox of bureaucracy?

Abstract

In most nations homelessness remains a major injustice. A key response in Wales has been the introduction of a pioneering justiciable right to homelessness prevention and relief assistance. This paper explores the complexities of the new welfare bureaucracy this has created. We explore whether these housing rights invoke a paradox, whereby the positive impacts for citizens are accompanied by distancing and exclusion. The study reveals both a faceless bureaucracy characterised by processes of silencing and subordination propped up by tools of exclusion, particularly impenetrable paperwork, but also a system that can work to grant housing rights to those in need of support. There is no evidence for an utterly ‘faceless tyrant’ of a bureaucratic system, due to the often-inclusive ways that frontline staff operate, frequently at the margins of the law (Arendt 1970). Thus, this paper draws attention to the complexities inherent in a rights-based homelessness system and the paradoxical nature of attempting to grant housing rights.

Keywords:

• Homelessness law
• homelessness policy
• bureaucracy
• housing rights
• Wales

Acknowledgements

We are very grateful to the many individuals who so willingly gave their time to contribute to this research through interviews.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 Since 2012 the ‘Priority Need test’ has been ended in Scotland which means all homeless households are owed settled accommodation.

2 There DALO Act in France is also intended to be a legally enforceable right to housing. However, there is significant criticism over the extent to which it can be seen as a legally enforceable right (Lévy-Vroelant, 2015). For a detailed comparison of the UK and French system see Loison-Leruste and Quilgars (2009).

3 Prior UK homelessness legislation included a right to assistance, but this duty was able to be discharged with the bare minimum of passing information (Mackie 2014).

4 The stages of the homelessness system in Wales are technically referred to as Section 66, Section 73 and Section 75. However, for clarity and simplicity this paper will use Prevention, Relief and Final Duty to refer to each of the stages.

Additional information

Funding

This study was funded by Economic and Social Research Council [grant no. ES/P008852/1 and ES/S007393/1].