Access to Justice Welsh Social Housing & Homelessness

Access to Justice: Welsh Social Housing & Homelessness

PARTICIPANT INFORMATION
Before you decide whether or not to complete this questionnaire it is important for you to understand why the project is being done and what it involves. This study seeks your views about access to justice and dispute resolution in the social housing and homelessness sector in Wales. You have been invited to complete the questionnaire as you have been identified as working in the housing sector in Wales or a role associated with that sector. It is up to you to decide whether or not to take part.

You are invited to fill in the questionnaire which should take about 15 minutes. You can refuse to answer any of the questions. The information you share will be treated in confidence. Your responses will not be shared in any way that can be linked to you as an individual or to your institution. The findings from this study will eventually be published in a Report to the funder (the Nuffield Foundation) and in various other academic articles, blog posts, contributions to conferences and consultations such as Law Commission and Committees of the National Assembly for Wales. You will not be individually identified in any reports or publications, but the right is reserved to use any quotes that you include in the free text boxes. The project is being organised by Dr. Sarah Nason (s.nason@bangor.ac.uk) and Dr Helen Taylor (htaylor@cardiffmet.ac.uk) if you have any concerns about the project you can contact Professor Dermot Cahill (Head of Bangor Law School) via Becky Jones (Becky.Jones@bangor.ac.uk Tel: 01248 382907).

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* 1. By completing this questionnaire I agree for my anonymised responses to be used for research purposes in the School of Law at Bangor University. By completing and submitting this questionnaire, I consent for the information it contains to be used in the ways set out in the participant information above. If you tick no, please do not answer any further questions and exit this questionnaire.

Yes

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* 2. Which option best describes your current, or most recent employment?

Working for a local authority in Wales

Working for a housing association in Wales

Working as an independent advice provider e.g., for a charity or private law firm

Working in any other profession related to housing/homelessness in Wales (e.g., academic, consultant, representative organisation, Government)

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* 3. This question asks in your current or most recent employment, how often have you been involved (e.g., as decision-maker, adviser, complainant, litigant or other participant) in particular methods of dispute resolution: which of the answers below most closely describes how often you have been involved in each method?

	Daily	Weekly	Monthly	Once or twice in a year	In some years	Never
Informal resolution of a social housing/homelessness issue by a local authority or social housing provider	Informal resolution of a social housing/homelessness issue by a local authority or social housing provider Daily	Informal resolution of a social housing/homelessness issue by a local authority or social housing provider Weekly	Informal resolution of a social housing/homelessness issue by a local authority or social housing provider Monthly	Informal resolution of a social housing/homelessness issue by a local authority or social housing provider Once or twice in a year	Informal resolution of a social housing/homelessness issue by a local authority or social housing provider In some years	Informal resolution of a social housing/homelessness issue by a local authority or social housing provider Never
Local authority or housing association formal complaint process	Local authority or housing association formal complaint process Daily	Local authority or housing association formal complaint process Weekly	Local authority or housing association formal complaint process Monthly	Local authority or housing association formal complaint process Once or twice in a year	Local authority or housing association formal complaint process In some years	Local authority or housing association formal complaint process Never
A request from a tenant for a statutory reconsideration of a local authority or housing association decision	A request from a tenant for a statutory reconsideration of a local authority or housing association decision Daily	A request from a tenant for a statutory reconsideration of a local authority or housing association decision Weekly	A request from a tenant for a statutory reconsideration of a local authority or housing association decision Monthly	A request from a tenant for a statutory reconsideration of a local authority or housing association decision Once or twice in a year	A request from a tenant for a statutory reconsideration of a local authority or housing association decision In some years	A request from a tenant for a statutory reconsideration of a local authority or housing association decision Never
A request for statutory review of a homelessness or homelessness prevention duty	A request for statutory review of a homelessness or homelessness prevention duty Daily	A request for statutory review of a homelessness or homelessness prevention duty Weekly	A request for statutory review of a homelessness or homelessness prevention duty Monthly	A request for statutory review of a homelessness or homelessness prevention duty Once or twice in a year	A request for statutory review of a homelessness or homelessness prevention duty In some years	A request for statutory review of a homelessness or homelessness prevention duty Never
County court possession proceedings	County court possession proceedings Daily	County court possession proceedings Weekly	County court possession proceedings Monthly	County court possession proceedings Once or twice in a year	County court possession proceedings In some years	County court possession proceedings Never
Judicial review	Judicial review Daily	Judicial review Weekly	Judicial review Monthly	Judicial review Once or twice in a year	Judicial review In some years	Judicial review Never
Complaint to the Public Services Ombudsman for Wales	Complaint to the Public Services Ombudsman for Wales Daily	Complaint to the Public Services Ombudsman for Wales Weekly	Complaint to the Public Services Ombudsman for Wales Monthly	Complaint to the Public Services Ombudsman for Wales Once or twice in a year	Complaint to the Public Services Ombudsman for Wales In some years	Complaint to the Public Services Ombudsman for Wales Never

Do you have any particular comments about your experiences of any of the above dispute resolution methods?

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* 4. This question asks for your views about the redress routes people can use to challenge decisions with which they are dissatisfied. To what extent do you agree with the following statements?

	Strongly Agree	Agree	Neither Agree nor Disagree	Disagree	Strongly Disagree
Routes to challenging decisions about homelessness and homelessness prevention duties are clear	Routes to challenging decisions about homelessness and homelessness prevention duties are clear Strongly Agree	Routes to challenging decisions about homelessness and homelessness prevention duties are clear Agree	Routes to challenging decisions about homelessness and homelessness prevention duties are clear Neither Agree nor Disagree	Routes to challenging decisions about homelessness and homelessness prevention duties are clear Disagree	Routes to challenging decisions about homelessness and homelessness prevention duties are clear Strongly Disagree
Routes to challenging decisions about homelessness and homelessness prevention duties are accessible	Routes to challenging decisions about homelessness and homelessness prevention duties are accessible Strongly Agree	Routes to challenging decisions about homelessness and homelessness prevention duties are accessible Agree	Routes to challenging decisions about homelessness and homelessness prevention duties are accessible Neither Agree nor Disagree	Routes to challenging decisions about homelessness and homelessness prevention duties are accessible Disagree	Routes to challenging decisions about homelessness and homelessness prevention duties are accessible Strongly Disagree
Routes to challenging decisions about social housing allocation are clear	Routes to challenging decisions about social housing allocation are clear Strongly Agree	Routes to challenging decisions about social housing allocation are clear Agree	Routes to challenging decisions about social housing allocation are clear Neither Agree nor Disagree	Routes to challenging decisions about social housing allocation are clear Disagree	Routes to challenging decisions about social housing allocation are clear Strongly Disagree
Routes to challenging decisions about social housing allocation are accessible	Routes to challenging decisions about social housing allocation are accessible Strongly Agree	Routes to challenging decisions about social housing allocation are accessible Agree	Routes to challenging decisions about social housing allocation are accessible Neither Agree nor Disagree	Routes to challenging decisions about social housing allocation are accessible Disagree	Routes to challenging decisions about social housing allocation are accessible Strongly Disagree
Routes to challenging decisions about the social landlord & tenant relationship (e.g., type of tenancy granted, demoting a tenancy or seeking possession) are clear	Routes to challenging decisions about the social landlord & tenant relationship (e.g., type of tenancy granted, demoting a tenancy or seeking possession) are clear Strongly Agree	Routes to challenging decisions about the social landlord & tenant relationship (e.g., type of tenancy granted, demoting a tenancy or seeking possession) are clear Agree	Routes to challenging decisions about the social landlord & tenant relationship (e.g., type of tenancy granted, demoting a tenancy or seeking possession) are clear Neither Agree nor Disagree	Routes to challenging decisions about the social landlord & tenant relationship (e.g., type of tenancy granted, demoting a tenancy or seeking possession) are clear Disagree	Routes to challenging decisions about the social landlord & tenant relationship (e.g., type of tenancy granted, demoting a tenancy or seeking possession) are clear Strongly Disagree
Routes to challenging decisions about the social landlord & tenant relationship (e.g., type of tenancy granted, demoting a tenancy or seeking possession) are accessible	Routes to challenging decisions about the social landlord & tenant relationship (e.g., type of tenancy granted, demoting a tenancy or seeking possession) are accessible Strongly Agree	Routes to challenging decisions about the social landlord & tenant relationship (e.g., type of tenancy granted, demoting a tenancy or seeking possession) are accessible Agree	Routes to challenging decisions about the social landlord & tenant relationship (e.g., type of tenancy granted, demoting a tenancy or seeking possession) are accessible Neither Agree nor Disagree	Routes to challenging decisions about the social landlord & tenant relationship (e.g., type of tenancy granted, demoting a tenancy or seeking possession) are accessible Disagree	Routes to challenging decisions about the social landlord & tenant relationship (e.g., type of tenancy granted, demoting a tenancy or seeking possession) are accessible Strongly Disagree

Do you have any other comments about the clarity and accessibility of routes to challenge in any of these areas of decision-making?

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* 5. What do you think are the main reasons why some people do not challenge, or find it hard to challenge, social housing and homelessness decisions with which they are dissatisfied?

Lack of awareness of routes to challenge

Complexity of relevant law

Lack of access to affordable advice

Fear that 'the system' is set against them

No need to 'challenge' as matters are dealt with early & informally by the local authority/housing association

Fear of longer-term negative implications for the landlord/tenant or provider/service user relationship

Are there any other reasons why you think people in Wales find it hard to challenge or don't challenge social housing & homelessness decisions with which they are dissatisfied?

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* 6. To what extent do you feel you understand the roles played by the following bodies in the social housing and homelessness sector in Wales?

	Good understanding	Reasonable understanding	Limited understanding	No understanding
County Courts	County Courts Good understanding	County Courts Reasonable understanding	County Courts Limited understanding	County Courts No understanding
Administrative Court (judicial review)	Administrative Court (judicial review) Good understanding	Administrative Court (judicial review) Reasonable understanding	Administrative Court (judicial review) Limited understanding	Administrative Court (judicial review) No understanding
Public Services Ombudsman for Wales	Public Services Ombudsman for Wales Good understanding	Public Services Ombudsman for Wales Reasonable understanding	Public Services Ombudsman for Wales Limited understanding	Public Services Ombudsman for Wales No understanding
Residential Property Tribunal for Wales	Residential Property Tribunal for Wales Good understanding	Residential Property Tribunal for Wales Reasonable understanding	Residential Property Tribunal for Wales Limited understanding	Residential Property Tribunal for Wales No understanding
Children's Commissioner for Wales	Children's Commissioner for Wales Good understanding	Children's Commissioner for Wales Reasonable understanding	Children's Commissioner for Wales Limited understanding	Children's Commissioner for Wales No understanding
Older People's Commissioner for Wales	Older People's Commissioner for Wales Good understanding	Older People's Commissioner for Wales Reasonable understanding	Older People's Commissioner for Wales Limited understanding	Older People's Commissioner for Wales No understanding
Future Generations Commissioner for Wales	Future Generations Commissioner for Wales Good understanding	Future Generations Commissioner for Wales Reasonable understanding	Future Generations Commissioner for Wales Limited understanding	Future Generations Commissioner for Wales No understanding
Welsh Language Commissioner	Welsh Language Commissioner Good understanding	Welsh Language Commissioner Reasonable understanding	Welsh Language Commissioner Limited understanding	Welsh Language Commissioner No understanding
Welsh Government	Welsh Government Good understanding	Welsh Government Reasonable understanding	Welsh Government Limited understanding	Welsh Government No understanding

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* 7. To what extent do you think legal advice about social housing and homelessness in Wales is meeting the following requirements (1 means not meeting the requirement at all, 5 means meeting the requirement fully)

	1	2	3	4	5
Advice is available early on in a person's inter-action with a local authority/social housing provider	Advice is available early on in a person's inter-action with a local authority/social housing provider 1	Advice is available early on in a person's inter-action with a local authority/social housing provider 2	Advice is available early on in a person's inter-action with a local authority/social housing provider 3	Advice is available early on in a person's inter-action with a local authority/social housing provider 4	Advice is available early on in a person's inter-action with a local authority/social housing provider 5
Advice is affordable	Advice is affordable 1	Advice is affordable 2	Advice is affordable 3	Advice is affordable 4	Advice is affordable 5
Advice given is clear	Advice given is clear 1	Advice given is clear 2	Advice given is clear 3	Advice given is clear 4	Advice given is clear 5

Do you have any further comments about access to advice services in social housing & homelessness in Wales?

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* 8. How would you rate the following potential challenges facing the social housing and homelessness sector in Wales? (1 means not a challenge at all, 5 means a very significant challenge)

	1	2	3	4	5
Supply of social housing stock	Supply of social housing stock 1	Supply of social housing stock 2	Supply of social housing stock 3	Supply of social housing stock 4	Supply of social housing stock 5
Local authority budget cuts	Local authority budget cuts 1	Local authority budget cuts 2	Local authority budget cuts 3	Local authority budget cuts 4	Local authority budget cuts 5
Complexity of law	Complexity of law 1	Complexity of law 2	Complexity of law 3	Complexity of law 4	Complexity of law 5
Complexity of housing and homelessness policy	Complexity of housing and homelessness policy 1	Complexity of housing and homelessness policy 2	Complexity of housing and homelessness policy 3	Complexity of housing and homelessness policy 4	Complexity of housing and homelessness policy 5
Problems caused by devolution - e.g., that social welfare benefits are not devolved to Wales whereas responsibility for housing policy is devolved	Problems caused by devolution - e.g., that social welfare benefits are not devolved to Wales whereas responsibility for housing policy is devolved 1	Problems caused by devolution - e.g., that social welfare benefits are not devolved to Wales whereas responsibility for housing policy is devolved 2	Problems caused by devolution - e.g., that social welfare benefits are not devolved to Wales whereas responsibility for housing policy is devolved 3	Problems caused by devolution - e.g., that social welfare benefits are not devolved to Wales whereas responsibility for housing policy is devolved 4	Problems caused by devolution - e.g., that social welfare benefits are not devolved to Wales whereas responsibility for housing policy is devolved 5

Do you have any other comments about challenges facing the social housing & homelessness sector in Wales?

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* 9. This question asks for your views about incorporating a 'right to housing' into Welsh law. This could mean a number of different things, here we take it to mean a legally enforceable individual right to adequate housing that can only be limited in particular circumstances prescribed by law, where such limitation is reasonable and proportionate. To what extent do you agree with the following statements.

	Strongly Agree	Agree	Neither Agree or Disagree	Disagree	Strongly Disagree
A right to housing would help resolve some challenges facing the social housing & homelessness sector in Wales	A right to housing would help resolve some challenges facing the social housing & homelessness sector in Wales Strongly Agree	A right to housing would help resolve some challenges facing the social housing & homelessness sector in Wales Agree	A right to housing would help resolve some challenges facing the social housing & homelessness sector in Wales Neither Agree or Disagree	A right to housing would help resolve some challenges facing the social housing & homelessness sector in Wales Disagree	A right to housing would help resolve some challenges facing the social housing & homelessness sector in Wales Strongly Disagree
A right to housing would help individual people in Wales who are homeless, threatened with homelessness or accommodated in social housing	A right to housing would help individual people in Wales who are homeless, threatened with homelessness or accommodated in social housing Strongly Agree	A right to housing would help individual people in Wales who are homeless, threatened with homelessness or accommodated in social housing Agree	A right to housing would help individual people in Wales who are homeless, threatened with homelessness or accommodated in social housing Neither Agree or Disagree	A right to housing would help individual people in Wales who are homeless, threatened with homelessness or accommodated in social housing Disagree	A right to housing would help individual people in Wales who are homeless, threatened with homelessness or accommodated in social housing Strongly Disagree
A right to housing would lead to unrealistic expectations about the accommodation local authorities are able to provide	A right to housing would lead to unrealistic expectations about the accommodation local authorities are able to provide Strongly Agree	A right to housing would lead to unrealistic expectations about the accommodation local authorities are able to provide Agree	A right to housing would lead to unrealistic expectations about the accommodation local authorities are able to provide Neither Agree or Disagree	A right to housing would lead to unrealistic expectations about the accommodation local authorities are able to provide Disagree	A right to housing would lead to unrealistic expectations about the accommodation local authorities are able to provide Strongly Disagree
Incorporation of a 'right to housing' should also include a specific procedure or procedures enabling individuals to seek legal redress if they feel the 'right to housing' has been breached	Incorporation of a 'right to housing' should also include a specific procedure or procedures enabling individuals to seek legal redress if they feel the 'right to housing' has been breached Strongly Agree	Incorporation of a 'right to housing' should also include a specific procedure or procedures enabling individuals to seek legal redress if they feel the 'right to housing' has been breached Agree	Incorporation of a 'right to housing' should also include a specific procedure or procedures enabling individuals to seek legal redress if they feel the 'right to housing' has been breached Neither Agree or Disagree	Incorporation of a 'right to housing' should also include a specific procedure or procedures enabling individuals to seek legal redress if they feel the 'right to housing' has been breached Disagree	Incorporation of a 'right to housing' should also include a specific procedure or procedures enabling individuals to seek legal redress if they feel the 'right to housing' has been breached Strongly Disagree

Do you have any other comments about the possible advantages, disadvantages or general consequences of incorporating a 'right to housing' into Welsh law?

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* 10. This question asks for your views about the implications of centring most forms of dispute resolution into a single housing court/housing tribunal for Wales (that could determine cases in multiple locations across Wales). To what extent do you agree with the following statements?

	Strongly Agree	Agree	Neither Agree nor Disagree	Disagree	Strongly Disagree
A single housing court/tribunal for Wales would be more accessible for individuals	A single housing court/tribunal for Wales would be more accessible for individuals Strongly Agree	A single housing court/tribunal for Wales would be more accessible for individuals Agree	A single housing court/tribunal for Wales would be more accessible for individuals Neither Agree nor Disagree	A single housing court/tribunal for Wales would be more accessible for individuals Disagree	A single housing court/tribunal for Wales would be more accessible for individuals Strongly Disagree
A single housing court/tribunal for Wales would provide for more consistent decision-making	A single housing court/tribunal for Wales would provide for more consistent decision-making Strongly Agree	A single housing court/tribunal for Wales would provide for more consistent decision-making Agree	A single housing court/tribunal for Wales would provide for more consistent decision-making Neither Agree nor Disagree	A single housing court/tribunal for Wales would provide for more consistent decision-making Disagree	A single housing court/tribunal for Wales would provide for more consistent decision-making Strongly Disagree
A single housing court/tribunal for Wales would lead to increased formalism and legalism in dispute resolution	A single housing court/tribunal for Wales would lead to increased formalism and legalism in dispute resolution Strongly Agree	A single housing court/tribunal for Wales would lead to increased formalism and legalism in dispute resolution Agree	A single housing court/tribunal for Wales would lead to increased formalism and legalism in dispute resolution Neither Agree nor Disagree	A single housing court/tribunal for Wales would lead to increased formalism and legalism in dispute resolution Disagree	A single housing court/tribunal for Wales would lead to increased formalism and legalism in dispute resolution Strongly Disagree

Do you have any other thoughts on a single housing court/tribunal for Wales?