Applicant steps in personalised housing plans

in addition to those steps to be taken by the local authority, the authority may include in an applicant's personalised housing plan (PHP) steps for the applicant to take that are mandatory and/or recommended.

Local authorities must try to agree mandatory steps with the applicant. If a step cannot be agreed with the applicant, it cannot be recorded in the PHP unless it is reasonable.[1]

Mandatory steps are those which the applicant is required to take.[2]

The Homelessness Code of Guidance recommends that mandatory steps 'should be limited to those which the housing authority considers are required in order to prevent or relieve homelessness'.[3]

Examples of mandatory steps

The Code of Guidance gives examples of reasonable steps a housing authority might take to prevent or relieve homeless.[4] This includes:

• attempting mediation where an applicant is threatened with family exclusion

• assessing whether a tenant with rent arrears might qualify for financial help

• advising private tenants how to challenge a proposed rent increase

• taking action to protect tenants from illegal eviction

• providing support to applicants to access private rented accommodation

• helping to secure an immediate safe place to stay for a person sleeping rough or at high risk of sleeping rough

Where a private tenant is threatened with homelessness after being served with a valid notice, the Code suggests additional reasonable steps for the local authority could include:[5]

• engaging with the landlord to understand the reason for serving notice and to explore whether the tenancy can be sustained

• providing advice and support to tenants to defend possession proceedings

• supporting tenants to look for alternative accommodation where possession is likely

It may be reasonable to require an applicant to look for accommodation outside their preferred area where there is 'little prospect of finding accommodation there that they can afford'.[6]

The Code also implies that applicants could be required to engage with other services in order to make finding accommodation more likely. However, it would not be reasonable to require an applicant to engage with a service that does not exist in their current district.[7]

Recommended steps are those which a local authority 'considers advisable' or a good idea for the applicant to take but does not require them to take.[8] Recommended steps can also be included in the plan.[9]

In contrast to the narrow focus of mandatory steps, recommended steps have a much broader purpose of, for example, allowing the applicant to address wider needs or increase their housing options in the future.[10]

The Code suggests that the local authority might be able to provide or refer the applicant to a range of advice and support services including employment support.[11]

An applicant who fails to complete a step in their PHP could be classed as 'deliberately and unreasonably failing to cooperate'.[12]

If a local authority suggests a mandatory step that the applicant thinks is unreasonable, it is important that they discuss this with the authority.

If an applicant does not take a recommended step s/he cannot be found to have deliberately and unreasonably failed to cooperate with the authority.[13]

The information here only applies to homelessness applications made on or after 3 April 2018.