Local authority steps in personalised housing plans

Local authorities have considerable discretion over what steps they will include in applicants' personalised housing plans (PHPs).

However, the Homelessness Code of Guidance gives some suggestions, some of which may assist any applicant, and some specific to particular groups.

A local authority should take reasonable steps as part of the personalised housing plan. This might include:[1]

• attempting mediation or reconciliation in cases of family breakdown

• advising private tenants who have been served with a valid notice on defending possession proceedings

• engaging with landlords to understand why the tenant is threatened with eviction

• assessing whether the applicant can apply for a discretionary housing payment to help with rent arrears

• advising private tenants on how to challenge a proposed rent increase in the First-tier Tribunal

• taking action to protect tenants from illegal eviction

• providing support, 'whether financial or otherwise' to assist an applicant in finding private rented accommodation, for example, by helping with a rent deposit guarantee

The exact steps the authority should take depend on the particular case.[2]

Power to accommodate

A local authority has a power to provide accommodation to prevent or relieve homelessness.[3] Therefore, the authority may include providing accommodation in the applicant's PHP as a reasonable step that it will take.

The Code suggests that a local authority might use its power to provide accommodation for people from groups at a higher risk of homelessness. These include young people with low incomes and those who may have difficulty finding accommodation from private landlords, such as people with an offending history or a mental health issue.[4]

Social housing applications

The Court of Appeal has held that steps to help an applicant apply for social housing under Part 6 are not steps that an authority can include in a personalised housing plan. The authority did not act unlawfully by failing to include help with a social housing application in a personalised housing plan.[5]

The safety of the applicant should be the primary consideration of a local authority, and a step is not appropriate if it leaves the applicant at risk of continued abuse.[6]

The Code suggests the following as steps that a local authority might wish to take itself and include in an applicant's PHP:

• providing assistance with a sanctuary scheme or other security measures, or help with accessing legal remedies to enable a person who has experienced domestic violence to remain in their home[7]

• helping single applicants to access supported housing or to gain more support from family or friends.[8] This might involve the local authority making a referral to supported housing or contacting friends on behalf of the applicant. The Code suggests that local authorities should ensure that accommodation is available outside their district for this purpose[9]

• referring victims at risk from 'highly dangerous perpetrators' to refuges.[10] Local authorities should develop links to refuges within their districts and in neighbouring districts to facilitate referrals[11]

• considering evicting the perpetrator. If the applicant is a council tenant, the local authority's steps in the plan could be taking possession action and granting a new tenancy, for example[12]

• providing details of specialist organisations and those offering counselling and support[13]

• offering temporary accommodation while action is taken to exclude or arrest and detain a perpetrator[14]

The Homelessness Code of Guidance states that authorities should be particularly sensitive to an applicant's wishes and respect their judgement of the risk of violence.[15]

The Code suggests that an authority might include the following steps in the PHP[16]:

• organising a management transfer

• arranging security measures

• providing assistance to find alternative accommodation, for example supported housing

• providing temporary accommodation while steps are taken to exclude, arrest or detain the perpetrator

A summary of forms of modern slavery is given in the Code.[17] Local authorities might want to consider:

• immediately alerting children's services where there is a safeguarding concern [18]

• making a referral to the National Referral Mechanism to assist with support from the Government.[19]

The kind of steps which could be taken by local authorities to assist include:[20]

• using discretionary powers to provide accommodation (see above)

• asking support providers for extra support where a person is at risk of homelessness

• for people coming out of prison, contacting the offender's family to ask for accommodation in the short term.

The Code suggests that local authorities might assist rough sleepers and those at risk of rough sleeping by:

• 'helping to secure or securing an immediate safe place to stay'.[21] This might include a hostel referral.

• working with other agencies to prevent applicants from starting to sleep rough by use, for example, of housing first models[22]

• working with other agencies to make sure that rough sleepers are provided with appropriate accommodation and support, including support with issues such as drug and alcohol use[23]

• using discretionary powers to provide accommodation (see above), taking into account the risk of harm faced by applicants.[24]

The Code suggests the following steps to assist young people:

• achieving agreement for a young family to stay in the parental home pending an offer of part 6 accommodation[25]

• using discretionary powers to accommodate young people on low incomes.[26]

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