18.This section inserts sections 63A and 63B into the 2014 Act.
19.Where a local housing authority considers it owes a duty to an applicant under Chapter 2 of Part 2 of the 2014 Act section 63A of the 2014 Act requires the authority to document its assessment of the person’s case under section 62 of the 2014 Act, and other matters, in a written plan called a prevention, support and accommodation plan (“a plan”). A plan can be one document or several, and it can be updated as needed.
20.When making the plan, the local housing authority must have regard to its assessment of the person’s case under section 62 of the 2014 Act. The plan must record, among other things, the authority’s assessment of the applicant’s housing and support needs, and those of any member of the applicant’s household. It must also record the local housing authority’s assessment of the support needed by the applicant to make communication with the applicant accessible. The plan must also include the applicant’s views on those matters.
21.The authority must try to identify the outcome the applicant wants to achieve and record that in the plan. When preparing and reviewing the plan the authority must have regard to whether exercising any of its functions in Chapter 2 of Part 2 of the 2014 Act could help achieve that outcome.
22.The local housing authority must try to agree with the applicant the steps to be taken by both parties for the purpose of securing that the applicant and any other member of the applicant’s household have and are able to retain suitable accommodation.
23.If such steps are agreed by both parties, then the local housing authority must record the steps in writing. If the parties cannot agree such steps, the local housing authority must put in writing why they could not agree, what steps the local housing authority think the applicant should take and what steps the local housing authority will take in exercise of any of its functions (including its social services functions). The local housing authority must also record any steps other public authorities have agreed to take in respect of the applicant. The local housing authority must keep the appropriateness of any agreement reached or, in the absence of agreement, the steps it considers should be taken by it and the applicant, under review for so long as the local housing authority considers it owes (or may owe) a duty to the applicant under the provisions of Chapter 2 of Part 2 of the 2014 Act.
24.The local housing authority must give the applicant a copy of the plan, including all documents that form part of it and must inform the applicant of their right to request a review of the plan and the timescales for making such a request (see section 85 of the 2014 Act (as amended by this Act)).
25.If the local housing authority considers the agreement reached or, in the absence of agreement, the steps identified to be taken, are no longer appropriate, for example due to new circumstances arising, the local housing authority must notify the applicant in writing and try again to agree steps to be taken by it and the applicant.
26.Any notification or copies of documents must be made available to the applicant to collect if they haven’t received them directly.
27.Where a local housing authority is required to have in place a plan in respect of an applicant under section 63A of the 2014 Act, section 63B of that Act (inserted by this section) requires the authority to review its assessment under section 62 of the 2014 Act and the associated plan in three circumstances. Firstly, if there has been no review within 8 weeks; secondly, if the local housing authority believes that there are changes in the applicant's or their household's circumstances that may affect their accommodation needs, support needed to retain accommodation or their entitlement to help under Chapter 2 of Part 2 the 2014 Act; or thirdly, if a duty under section 66 or 76A(2) of the 2014 Act has ended or is likely to end due to homelessness.
Commentary on Sections Part 1 - Homelessness Section 4: Prevention, support and accommodation plans