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3 J. Soc. Welfare & Fam. L. 1 (1981)

handle is hein.journals/jnlosclwl3 and id is 1 raw text is: The Homeless Persons' Obstacle Race By P. W. Robson, LL.B., Ph.D., Solicitor Lecturer in Law, University of Strathclyde and P. Watchman, LL.B., Solicitor Lecturer in Law, University of Dundee Cathy: Aint you got room in your houses? Aint you got one single room? Or aint you got offices, empty half the night I shouldn't wonder. Runts! You don't really care do you? You only pretend to care.' Introduction The Housing (Homeless Persons) Act 1977 is a major landmark in social legisla- tion. However, if the Act provides tacit acknowledgment of the fact that homeless- ness is attributable to the failure of successive governments to provide for housing needs it is very far from being a panacea. Indeed there is a sense in which the Act, to adapt Lord Hailsham's aphorism,' is nothing more or less than a gigantic confidence trick. Or as Lord Gifford put it, it is little more than a bit of window-dressing which gives the appearance that a great deal is being done for the homeless without actually doing anything to solve the problem of homelessness as a whole.' In support of these observations it may be added that the Act neither provides the financial resources necessary for its implementation' nor swift and effective help to those who suffer the misfortune of becoming homeless.' Prior to the Act the duties of local authorities towards the homeless were very limited. Basically, before a duty arose to provide accommodation the local authority had to be satisfied that the person was in urgent need of accommodation and that that need arose in circumstances which could not reasonably have been foreseen. If the local authority were satisfied that a person exhibited such a need and was unforeseeably homeless the duty of the authority was to provide temporary accommodation (s. 21 (1) (b), National Assistance Act 1948). In spite of central government' exhortation and attempts by homeless and squatting organisations to 'J. Sandford, Cathy Come Home (1976), p. 121. 'The Times, April 17, 1972. 'H.L. Deb., Committee Stage, Vol. 386, cols. 684-685 (July 22, 1977). 'Ibid. H.L. Deb., Second Reading, Vol. 385, col. 1134 (July 15, 1977). 'Ibid. col. 1127. Ministry of Health Circular 87/46; Department of Health and Social Security Circular 4/74; Department of the Environment Circular 18/74. 1

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