Duty to Assist is a homelessness prevention approach that works upstream and uses a human-rights lens. Originating in Wales, it is also known as the Housing (Wales) Act 2014, which created a legal obligation for local authorities, such as governments, to make reasonable efforts to move individuals out of homelessness or stabilize their housing. 

The fourth session of the Prevention Matters! series was hosted by Stephen Gaetz from the Canadian Observatory on Homelessness and dug into the details of how Duty to Assist works. Gaetz interviewed Peter Mackie of the Centre for Homelessness Impact at the University of Cardiff who was a key player in the implementation and creation of the Housing (Wales) Act 2014. They discussed the implementation of Duty to Assist in the United Kingdom, as well as challenges faced in the process and what Duty to Assist might look like in the Canadian context.

How Does Duty to Assist Work?

Individuals affected by homelessness are eligible for assistance at three stages:

1. Prevention stage: When an individual is at risk of homelessness, authorities can intervene by trying to address the factors contributing to the risk, such as paying rental arrears or providing a rent subsidy.
2. Relief stage: After a person’s housing is lost, the authorities can intervene by trying to find them new accommodations.
3. In the event that both options fail, individuals in priority groups who are covered by previous legislation will have housing secured for them.

Duty to Assist works upstream, meaning that it assists individuals earlier than previous legislation allowed. Those who are at risk of homelessness or have just become homeless can seek out help from local authorities earlier. This allows issues to be addressed in a more timely and cost-effective manner. 

According to Mackie, Duty to Assist has proven to be much more effective in the prevention stage. The intervention can be something as simple as paying off arrears or providing first and last month’s rent, which is a much simpler approach than trying to find brand-new accommodation. 

“If you are already homeless, to take steps to resolve your homelessness, we’re way less successful there because you don’t have the home to try and keep somebody in.” – Peter Mackie

Challenges with Duty to Assist

While the implementation of Duty to Assist is a win for prevention in Wales, the legislation is still riddled with difficulties that go beyond the homelessness sector. As Promise Busulwa, the producer of Prevention Matters! always says in her opening remarks: “The housing crisis cannot be solved by the homelessness sector alone.” Mackie has written articles outlining the need for “…effective universal prevention to be the foundation of any strategy to end homelessness.” Many of the ongoing issues with the Duty to Assist model are the lack of consolidated, systematic care and collaboration between public bodies and other organizations to address the root causes of homelessness. 

“But what we don’t have in the legislation is a requirement that, for instance, a landlord would notify the local authority.” – Peter Mackie

Another challenge noted by Mackie is that people can be hesitant to change. Individuals who are impacted by impending or current homelessness, and who therefore qualify for Duty to Assist, need to be aware of the program itself and request assistance. This has proven to be difficult, especially given that the legislation and the supports offered looked very different prior to the implementation of the Housing (Wales) Act 2014. Prior to the implementation of Duty to Assist, the legislation only provided assistance for families with children and other priority groups. 

Currently, there is a gap as public institutions, like hospitals and prisons, do not call for assistance from local authorities when releasing an individual into homelessness. Mackie also noted push back about the universal nature of Duty to Assist. Many parties involved in the legislative process pushed to maintain the focus on priority groups, clashing against the universal prevention model that applies to everyone experiencing or at risk of homelessness.

Mackie spoke to the difficulties involved in imposing a “duty” on public bodies that had the power to intervene in the creation of an individual’s homelessness situation. Simply put, these parties could not be mandated to provide assistance because “ somebody is going to fail.” Instead, the legislation mandates a ‘best efforts duty.’ A duty to assist means providing assistance to those who willingly consent to receiving help and are, in return, expected to comply with attempts to provide them with assistance.

“In government, there’s often a reluctance to actually use the word ‘must.’” – Peter Mackie

To combat these challenges, Mackie calls for better data sharing and a more person-centred focus when providing services. As the legislation is currently being revised for what has been coined as “Duty to Assist, Mark II,” Wales aims to have these issues addressed and changes implemented, which involves including a more diverse range of voices. While Mackie expresses frustration with the lack of support both financially and from public systems for Duty to Assist, he does acknowledge that it has been very helpful as Wales traverses a housing crisis.

What Does this Mean for Canada?

While Duty to Assist cannot be precisely replicated in Canada because of the lack of infrastructure, Stephen Gaetz noted it is regarded as a fundable homelessness prevention method by the Government of Canada. Mackie also mentioned that the overall principles of Duty to Assist can be implemented without legislation—although they may be less effective without the legislative aspect—on a community or municipal level. While it would be ideal for there to be legislation to hold public bodies to account, Wales has not experienced any high court cases surrounding the Duty to Assist, leading Mackie to believe that the implementation of the Duty to Assist principles without legislation should be possible. 

Mackie recommended implementing Duty to Assist in a community to prove that it works before aiming to scale it upwards, and Gaetz replied this had been in progress before the COVID-19 pandemic. Here’s hoping Duty to Assist gets the chance to prove its value in Canada.

Interested in more diverse perspectives on homelessness prevention? Check out the rest of the Prevention Matters! Series. Want to learn more about Duty to Assist? There is a free, self-paced training on the Homelessness Learning Hub.

Originally published on The World-Wide Web’s Homeless Hub On Monday October 21st, 2024

Author: Rachel Lau

Disclaimer

The analysis and interpretations contained in these blog posts are those of the individual contributors and do not necessarily represent the views of the Canadian Observatory on Homelessness.