9.This section amends sections 62 and 63 of the 2014 Act.
10.This section amends the definition of “an applicant” in section 62 of the 2014 Act for the purposes of sections 85, 86 and 88 of that Act (which relate to reviews of decisions and appeals to the county court) so that it includes a person who has applied to a local housing authority for accommodation or help in retaining or obtaining accommodation, but the authority has decided not to carry out an assessment of the person’s case. This amendment reflects the extension of the right to request a review to include a right to request a review of a decision of a local housing authority not to carry out an assessment under section 62 of the 2014 Act (see section 5).
11.If an applicant is eligible for help, the local authority’s assessment must include an assessment of the matters listed in section 62(5) of the 2014 Act. This section amends section 62(5) of the 2014 Act to require a local housing authority to assess two additional things. Firstly, the support an applicant (or a person living with them) may need to overcome any barriers to living independently. Secondly, the support an applicant may need to ensure the authority’s communication with them (in exercising the authority’s homelessness functions) is accessible to the applicant.
12.This section also amends the things the local housing authority must do under section 62(6) of the 2014 Act when carrying out an assessment of the matters listed in section 62(5). As amended by this section, section 62(6) requires a local housing authority to seek the views of the applicant (and consider their opinion) on the matters the authority must assess under paragraphs (a) to (ca) of subsection (5) of section 62 of the 2014 Act and requires a local housing authority to make inquiries regarding the applicant's personal characteristics and circumstances, as well as those of any member of the applicant’s household, that are relevant to the assessment.
13.Section 62(7) of the 2014 Act is amended so that a local housing authority may no longer assess the matters in subsection (6) before it has concluded the applicant is eligible for help under Chapter 2 of Part 2 of the 2014 Act.
14.Subsections (9) to (11) of section 62 are repealed as an applicant’s right to request a review of an assessment under section 62 is, as a result of amendments made by this Act, dealt with by section 85 of the 2014 Act (as amended - see section 5).
15.This section also amends section 63 of the 2014 Act to require a local housing authority to notify a person where it decides not to assess that person’s case under section 62 of the 2014 Act. The local housing authority must also explain the reasons for its decision.
16.This section makes other amendments to section 63 of the 2014 Act which provide that, where an assessment has been carried out, the notice provided to the applicant must include the outcome of the assessment of whether an applicant is eligible for help under Chapter 2 of Part 2 of the 2014 Act and the assessment of the specific matters required by section 62(5) of the 2014 Act (as amended by this Act).
17.This section also amends section 63(4) of the 2014 Act to require the local housing authority to notify the person of their right to request a review where the local housing authority decides not to carry out an assessment of the person’s case under section 62 of the 2014 Act.
Commentary on Sections Part 1 - Homelessness Section 3: Duty to assess and notice of outcome of assessment