The Association has received a number of enquiries from members concerning managing residents’ expectations with regards to overnight visitors and dealing with overnight visitors that have outstayed their welcome.  

We asked an experienced solicitor for their comments on the subject. Alison Maclennan of Third Sector Law writes:

The issue of overnight visitors staying in almshouse accommodation can become a real issue for almshouse trustees. Of overriding importance is knowing who is on site overnight in case of emergency. Imagine two scenarios: a fire alarm is triggered, evacuation of permanent residents is complete and a head count tallies with known occupants. A resident then becomes alarmed as Mr and or Mrs Smith had their son to stay and no one has seen him. Alternatively, a fire alarm is triggered and all the expected residents appear but there are a further eight people in the head count. In both scenarios the real issue is that unless the managers know who is on site there is uncertainty as to whether everyone is safe. This reason alone is justification for Trustees to have (and adhere to) a policy on overnight visitors.

The next consideration is what that policy should contain. This is a practical issue which can vary widely depending on the nature of the accommodation on offer to residents, but also each and every almshouse may have widely varying resident profiles making it more or less likely that overnight visitors are frequent.

Some almshouses may have the luxury of visitor accommodation on site for residents’ family and friends.  If so, a modest charge can be made for overnight stays and visitors can be asked to sign T&Cs similar to those used by hotels. This ensures that long stays are avoided.

Boomerangs, Cuckoos and Romeos

Having children is great, they are a real support sometimes. However, the range of familial relationships is such that this can be a problem at times. A resident’s problem child can be a problem for the Trustees too. If an almshouse takes residents in their 50s they can have “Generation X” or “millennial” children who sometimes appeal to their parents for help. Unemployed, homeless children with undesirable “friends” can turn up on the doorstep. Their parents may find it difficult to turn them away and the Trustees may be pressurised into allowing them to stay. A temporary shelter can easily turn into unauthorised occupation by non-beneficiaries. The relationship may be such that these boomerang children (who always come back) can intimidate their parent(s) and within weeks the problem can be exacerbated by an accumulation of arears of WMC. Unless the resident can be supported to move their children and associates on, the inevitable result is that a claim for possession will have to be made against both the resident and their children. Of course it is not only children but other relatives too who suffer.

Sometimes the “visitor” is not related but may be exploiting a vulnerable resident. These are the “cuckoos” who may move in with a vulnerable person and begin exploiting them financially and emotionally. This is becoming more common. The Trustees face a stark choice. Again a possession action can be taken against all the occupants including the vulnerable resident, but this seems to be difficult to reconcile with the objects of the charity to help those in need. Every effort should be taken to try and involve social services and Trustees can raise a safeguarding issue with that department. The response from social services may be variable depending on the local authority concerned.

Finally, the Romeos. Residents may form relationships with others. Whether this is a friendship or something more akin to cohabitation, this often occurs. This is a relatively easy problem to solve if the persistent overnight visitor would also qualify as a beneficiary. The couple can be acknowledged and the resident and their partner may be able to be moved to suitable accommodation on site.

All three categories can be difficult to deal with but the number of possible scenarios cannot be underestimated. Grandparents may wish to babysit their grandchildren overnight. This is not recommended as almshouse accommodation is rarely suitable for children. Residents should be encouraged to undertake babysitting at their children’s homes.

The standard scheme provisions is that overnight visitors should have the consent of the Trustees to stay. Trustees need to find the right balance for their own residents within the confines of the actual accommodation they have. If the Trustees are open minded, a resident will be less likely to have unauthorised overnight visitors. If communication remains open it is also likely that the charity’s managers or Trustees can spot a boomerang, cuckoo or Romeo coming their way.

Overnight visitors are not beneficiaries and as such are not included in the charity’s objects, so the best strategy is to plan ahead, develop clear policies and communicate with residents so everyone knows the charities policy on this complex matter well in advance of the problem.

Alison Maclennan |Third Sector Law
a.maclennan@thirdsectorlaw.co.uk

Posted 19 January 21