Homeless applicant assessment of needs

Where a local authority it satisfied that a homeless applicant is eligible and either homeless or threatened with homelessness, it must:

• assess their needs 

• draw up a personalised housing plan based on the assessment

The plan identifies steps necessary to prevent or relieve homelessness.[1]

Content of assessment

When assessing an applicant's needs, certain matters must always be considered:[2]

• the housing needs of the applicant

• what support would be necessary for the applicant and their household to have and retain suitable accommodation

• the circumstances which led to homelessness or threatened homelessness

There is some discretion for local authorities to decide exactly what other factors should be included.

Multiple assessments

In one case, the High Court held that where multiple assessments had been carried out, the local authority was under no obligation to record the assessment, the agreement and the steps in a single document.[3]

An assessment of the applicant's housing needs will include consideration of what accommodation would be suitable for them and for each member of their household.[4]

The Code of Guidance recommends looking at:[5]

• the size and type of accommodation required

• any specific requirements for a household containing a disabled person or person with medical needs

• location of accommodation

The wishes and preferences of the applicant should be 'considered and recorded' even if the local authority thinks that these cannot reasonably be met.[6]

Assessing the needs of the household

Housing needs include the needs of the applicant and anyone who the applicant resides, or might reasonably be expected to reside, with.[7]

In one case, it was held that a housing needs assessment which did not include the applicant's children who were subject to interim care orders was unlawful. The authority should have considered if the applicant's children were likely to return to her care and whether it was reasonable to expect them to reside with her.[8]

Authorities should assess the needs of children in a household and how out of area accommodation placements could disrupt their education.[9]

Categorising needs as wishes

A local authority must consider the needs of the applicant.[10] An authority should also consider and record their wishes.[11]

The courts have held that housing needs assessments are unlawful if the authority categorises an applicant's needs as merely wishes.

In one case, the authority recorded the disabled applicant’s housing needs as ‘housing wishes’, failed to take into account the needs of the applicant’s children, including a genuine need to live close to the applicant’s parents, and did not record the disability-related need for a ground-floor flat. The court held the authority had acted unlawfully.[12]

In another case, the High Court held that the authority acted unlawfully when it did not adequately set out the applicant's housing needs. Medical evidence stated that the applicant required settled accommodation to help him recover from traumatic experiences which led to him becoming a refugee. The authority categorised this as a wish, rather than a housing need.[13]

The Code does not list examples of specific support needs which local authorities should consider.

However, the Code stresses the need for a 'holistic and comprehensive' assessment which focuses on more than just those needs of which the local authority have already been informed.[14] The breadth of the assessment envisaged is illustrated by the recognition in the Code that assessment might lead to identification of care and support needs which the housing authority cannot meet.[15]

The Homelessness Code of Guidance suggests that local authorities should ask about an applicant's accommodation history at least as far back as their last settled address and the events which led to their current homelessness or threatened homelessness.[16]

Applicants should be encouraged to share information without fear that this will reduce their chances of receiving support. Local authorities should ensure that staff have skills and training to conduct sensitive assessments, for example, for applicants at risk of domestic abuse, violence or hate crime.[17]

The Code is clear that assessments of needs requires more than an online process.[18] There must be an 'individual and interactive' process which will usually require a face-to-face interview. If this is not possible (for example because the applicant is in prison or hospital) then a telephone or video-link interview could be used, or a partner agency could gather and provide the information required.[19]

The Code gives recommendations as to the approach of the local authority during the interview. It suggests that authorities:[20]

• encourage applicants to share information 'without fear that this will reduce their chances of receiving support'

• ask questions in a sensitive way with an awareness that applicants 'may be reluctant to disclose personal details if they lack confidence that their circumstances will be understood and considered sympathetically'

• ensure that staff are trained in assessing people who may find it difficult to disclose their circumstances – who may, for example be at risk of domestic abuse or hate crime

• 'adopt assessment tools' to assist staff in identifying needs without appearing to take a 'checklist' approach

Assessing particular groups

If an applicant is a care leaver, their personal adviser should be involved in the assessment process, with the applicant's consent.[21]

Where the applicant has experienced violence or abuse or subject to trafficking or modern slavery, the Code suggests that they are offered the option of an interview with an officer of the same sex.[22]

Once the assessment has been made, notification must be given to the applicant.[23] The Code suggests that this is provided together with the personalised housing plan in relation to which the assessment has been completed. [24]

The Code of Guidance suggests that when an applicant approaches the authority as homeless or threatened with homeless, there should first be an initial assessment of whether they are homeless or threatened with homelessness and eligible.[25]

Once it has been established that the applicant is homeless or threatened with homelessness and eligible, then it should carry out a assessment as described above.[26]

If an authority is satisfied that an applicant is threatened with homelessness and eligible, it must complete an assessment of need even if the applicant has no local connection.[27]

If applicant is actually homeless and eligible but has no local connection, the authority applied to should carry out an assessment at least until the applicant is informed that a referral may be made and arguably after.[28]

The requirement that a local authority is 'satisfied' that the applicant is homeless and eligible is stricter than the 'reason to believe' threshold used in relation to the interim duty to accommodate. The Code suggests that the local authority should issue a s.184 decision letter at an early stage if the applicant is found to be not homeless or threatened with homelessness, or not eligible.[29]

Prevention and relief duty

The duty to assess need arises at the same time as the homelessness prevention duty or the relief duty The assessment determines the steps in a personalised housing plan which guides how prevention and relief are practised.

However, the Code of Guidance specifically states that where necessary the local authority should carry out prevention or relief based on the information already to hand in parallel with continued assessment and planning.[30] The completed assessment will need to take the work already done into account.[31]

Interim duty

An interim accommodation duty is owed if there is reason to believe the applicant may be homeless, eligible and have a priority need.[32]

If a person is owed an assessment duty because they are threatened with homelessness and eligible, they do not meet the definition of 'homeless', so there is not an interim duty. However, there is a power to provide accommodation for people who are threatened with homelessness.[33]

Duties of other local authority departments

Authorities should be 'mindful of duties under the Care Act 2014'. This includes the duty to assess, and the powers of social services to meet urgent care and support needs before completing an assessment.[34]

It may be, therefore, that whether the applicant is threatened with homelessness or actually homeless, a referral is made to social services during the assessment stage of the application.

The authority must keep the assessment under review until no further homelessness duties are owed.[35] This means that it continues until the end of prevention and relief duties and any duties owed to people who may be in priority need.

The Code suggests that if any new information comes to light which is relevant to the assessment made, this should trigger a review.[36]

In addition, a review of the assessment should be made if the applicant:

• was previously threatened with homelessness and becomes homeless[37]

• is seen not to be cooperating with the steps set out by the authority[38]

Applicants should be informed in writing if the assessment has changed as a result.[39]

In one case, the High Court held that an authority had not conducted a lawful review of an applicant's needs. The applicant spoke little English, had six school-aged children, and had been placed in out of area interim accommodation with no support network. As part of the review the authority should have investigated whether alternative suitable interim accommodation was available locally.[40]

The legislation does not give any formal way of challenging the assessment of housing need made by a local authority, so any challenges would need to be by way of judicial review.

Where an applicant is referred to another authority at the relief duty stage, the referring authority should provide the assessment and notification of any changes which have arisen from review to the receiving authority.[41]