Minutes:
The Committee considered the undernoted report:
“1 Background Information
1.1 Members will be aware that a homeless ‘pod’ was placed at Jubilee Gardens at the junction of High Street and Victoria Street which is part of Belfast City Council’s (BCC) parks estate/ land. The pod was present on the site before Christmas for one day, was removed and then reinstated week commencing 19 January 2015.
1.2 Following an initial health and safety assessment of the pod, the council identified potential risks and took mitigating action by removing the pod on Monday 26 January. Organisers/ owners of the pod have remained anonymous and have been unwilling to directly meet council officers to discuss the issues and risks. Correspondence and the exchange of information has taken place between BCC and CommonLawni by email and telephone to reiterate health and safety, legal and maintenance concerns and underline the council’s position. On Monday 2 February 2015 Common Lawni requested the return of their property via email, which was collected by an independent agent on the 4 February 2015. Despite the difficulties and the discussion between BCC and CommonLawni that a report would be brought to the Parks and Leisure Committee for a decision in February 2015, the pod was reinstated by its organisers/ owners on Wednesday 11 February 2015.
1.3 The purpose of this report is to present the issues and risks associated with the placement of the homeless pod on council parks land so that members can make an informed decision on its future.
1.4 Members are also reminded of the report to the January Strategic Policy and Resources committee and the February Council meeting when an update was provided of the coordination and support agencies that work to tackle the issue of homelessness in the city and the strategic and regulatory role that the Northern Ireland Housing Executive. The NIHE have been consulted as part of this report and their response is below.
2 Key Issues
BCC Issues and concerns
2.1 There are a number of key issues and concerns to note in relation to the homeless pod and its organisers/ owners:
· An initial health and safety assessment of the pod revealed the following:
o It was not fixed in position and was placed close to a busy, thoroughfare raising safety concerns for users and passing traffic;
o It was made of wood which raised concerns about combustible material and the potential of it being set alight.
· A site specific in-depth risk assessment had not being carried out and no public liability insurance has been provided by the organisers/ owners. Information about the construction of the pod has been provided but it is not an in depth risk assessment.
· It was placed on council land without any prior consultation or agreement.
· Ownership is anonymous and representation is through a third party.
Issues raised by Common Lawni
2.2 Throughout regular correspondence with CommonLawni several comments and conditions were put forward to the council, including:
· The good deed to the homelessness being lost in a sea of red tape and bureaucracy presented by the council.
· The council’s removal intervention is distracting their ‘social experiment’.
· Makes reference to statements including: the Secretary State for Justice indicates that it is not a matter of public policy to require public indemnity insurance and the “Random Act of Kindness”, tweeted by Lord Alan Sugar.
· Permits the council to use a disclaimer and suggests as a charitable act the pod could be included under existing policies to further enhance tax exempt status. Also under common law they do not believe that insurance is required and that Good Samaritan laws are applicable (although it is not clear what is meant by this).
· Asks for a license for the pod on a temporary basis (revocable at any time).
· Pushes for the release of a statement of mutual agreement and refuse to meet in person until this is reached.
· Highlights that feedback from volunteers stating that they would feel safer in units located in well illuminated sites, outlining that they have more pods.
· Suggests weekly inspection, cleaning and sanitation would be carried out by www.foresiccleaningni.co.uk and annual maintenance in the summer, the intention being to site the pod or pods from November to March each year.
BCC Assessment of risks
2.3 In light of the issues and concerns raised above, the council has worked closely with and sought advice from key experts within the council, including legal, insurance, health and safety and property maintenance. The main risks associated with the homeless pod are summarised in four themes below;-
Table 1: BCC critical risks
|
Themes |
Risks/ Impacts |
|
Health and Safety |
Failure to comply with statutory regulations i.e. H&S The placement of such facilities on council parks/land should be done with due regard in ensuring the safety of all users The use of the pod would need to be managed between potentially competing users. |
|
Legal |
Risk Management All statutory legal requirements must be met including a risk assessment and risk management controls put in place to reduce exposure to civil litigation. Public liability insurance Public liability insurance is required as the council has a liability to all those who use its land by virtue of the Occupiers Liability (NI) Order 1987. Require assurance that any liability arising from its use is something for which the council will have an indemnity as at law the installation on our property renders the council liable for any claims. Failure of the council to secure adequate levels of insurance for the pod. Should Committee be minded to support the retention of the pod on the site, Council would be required to cover any public liability claims. License A license cannot be granted by BCC without a robust risk assessment carried out and evidence of liability insurance provided |
|
Financial |
In the absence of risk management controls the exposure to civil litigation is increased which may ultimately impact on the councils insurance premiums Should committee be minded to support the retention of the pod on site, Council would be required to put in place its own measures to address the risks identified In the absence of a formal agreement/ indemnity it is likely that the council will have to accept responsibility for any public liability claims associated with the shelter(s), falling within our insurance excess of £150K.
|
|
Maintenance/ sustainability |
There are potential operational risks for the council to consider regarding on going cleaning, inspection and maintenance and upkeep etc. Should committee be minded to support the retention of the pod on site, Council would be required to put in place its own measures to address these risks.
|
2.4 In order to reduce the issues and mitigate the risks above, the council has and is committed to working and engaging collaboratively with agencies/ charities and key individuals across the city to look at innovative ways to alleviate the problem of homelessness. The council has a duty of care to all in the City by ensuring that initiatives undertaken are properly considered and assessed from the outset. It is vital that there is a collaborative approach and that any individual initiatives are in the wider public interest and work in tandem with the overall approach to alleviate homelessness in the city.
2.5 The NIHE, the lead statutory body for tackling Homelessness has stated that the Housing Executive Homelessness Strategy 2012 – 17 has a key objective of removing the need to sleep rough in Northern Ireland. A range of appropriate core services are already in place in Belfast including street outreach support services, access to crisis accommodation, day centre facilities, comprehensive needs assessment and the development of a continuum of services, e.g. harm reduction programmes for addictions, floating support etc. to take the person from crisis accommodation to move on and through to resettlement. While the pod is a well-meaning gesture, NIHE would have concerns that it may have the effect of giving individuals an option to remain on the streets and cease engagement with homeless services and may ultimately prolong homelessness rather than reduce it. NIHE would also share the Council’s health and safety concerns.
In Belfast, the Housing Executive is about to embark on an audit of rough sleeping in the city leading to a review of services which will identify any gaps in provision. This will inform the development of a commissioning plan to bring on where necessary additional services or to realign existing services to meet the need.
3 Resource Implications
Financial
Subject to the committee decision, the council may have to accept responsibility for any public liability claims associated with the shelter(s), falling within our insurance excess of £150K.
Should committee be minded to support retention of the pod on site, an assessment of the financial impact would need to be undertaken by officers.
Human Resources
None determined at this stage – same as above.
Asset and Other Implications
None determined at this stage – same as above.
4 Equality and Good Relations Considerations
Where necessary all agreed initiatives will be subject to equality screening.
5 Recommendations
1. to note the issues, concerns and risks associated with the pod and agree that unless the owners meet the requirements of the Council with immediate effect that the pod is to be removed from the site.
2. Regardless of the decision made by Committee further attempts will be made to engage the owners in discussions regarding the use of this facility with relevant agencies and stakeholders in the city.”
The Committee expressed its concerns at the ongoing situation and suggested that the issues raised by the positioning of the pod within the open space should be addressed on a multi-agency basis. Concern was expressed that the organisation which had placed the pod at the site had remained anonymous and failed to engage meaningfully with the Council to resolve the matter. The point was emphasised that the health, hygiene and, particularly, public safety and risk issues which had arisen as a result of the issue needed to be resolved at the earliest possibility.
After discussion, it was agreed to defer consideration of the report and that the organisation which had placed the homeless pod within the Jubilee Gardens be requested to attend the meeting of the Committee scheduled for 12th March, and that an invitation be extended also to a range of statutory bodies – particularly the Northern Ireland Housing Executive – to discuss the matter with a view to finding a long-term resolution.