Personal Housing Plan (PHP)
Personal Housing Plan (s.189A Housing Act 1996, in force from 3 April 2018) = a written document the council MUST draw up with every eligible applicant. Must contain steps for the council (not just for you) and be regularly reviewed. PHP is the strongest practical tool against the council. Reviewable under s.202(1)(ba)/(bb).
What is a PHP
PHP = a written document the council prepares with you after the s.189A assessment. It's a roadmap for preventing/relieving homelessness.
Trigger: the council must provide an assessment as soon as it accepts an application for prevention or relief duty. The PHP is the final artefact of that assessment.
What must be in the PHP (s.189A(4)–(6))
Steps you must take. Must be reasonable in light of housing market, your resources, circumstances.
Steps the council MUST take. If the PHP has no steps for the council, it's a breach. The council can't dump all the work on you.
PHP must clearly distinguish mandatory steps (required — failure can lead to s.193B notice) and recommended (advisable, not required).
No oral discussions. No «you'll get letters along the way». A WRITTEN document, copy in your hands.
If circumstances change (got work, lost work, baby born, health worsened, evicted from current home), the plan is updated.
Agreement (s.189A(7))
The council must «try to agree» the PHP with you. If agreement isn't reached:
- Council must record reasons why no agreement
- Give you a copy of their proposal + your proposals
«We discussed it orally» = unlawful. Must be a written record.
Common failures (LGSCO patterns)
If the council considers you have «deliberately and unreasonably refused to cooperate», it can issue a s.193B notice → ends prevention/relief duty (and in non-priority cases, main duty doesn't arise at all).
Defences (s.193B(4)–(7)):
- There must be a prior written warning identifying the conduct + explaining the consequences
- Reasonable period to comply after the warning
- Council must consider your particular circumstances and needs
- Notice — in writing with reasons
- Right to s.202 review
If the PHP was unreasonable / never properly agreed, the s.193B notice cannot be lawful. Strong basis for review.
How to challenge a poor PHP
- Request a written revision under s.189A(9) — name the specific changed circumstance or unreasonable step
- Stage 1 corporate complaint — exhaust both stages
- LGSCO complaint after exhaustion. Tariff: £150-500 for PHP failures
- s.202 review: PHP steps directly reviewable under s.202(1)(ba) (s.195(2) prevention) and s.202(1)(bb) (s.189B(2) relief). Also any decision ending duty including s.193B notice
- s.204 County Court appeal on a point of law within 21 days of review decision
- Judicial review in High Court — only route to challenge the assessment OR PHP itself outside the s.202 catalogue (e.g. failure to produce PHP at all). 3-month longstop.
Some councils mistakenly treat Ukraine Scheme guests as «rematched» rather than homeless. You are entitled to a full s.189A assessment + PHP from day one. Same for all eligible immigration statuses.
Court of Appeal confirmed: s.189A creates an imperative duty to assess + produce a PHP. Failure is unlawful. Recent case — strong argument in any review / complaint in 2026.
Frequently asked questions
What must a PHP contain?
Steps for the applicant AND steps for the council (s.189A(4)–(6)). Mandatory steps (required) vs recommended (advisable). PHP must be in writing, agreed with you, regularly reviewed.
No PHP issued — what to do?
Stage 1 complaint (corporate complaints). LGSCO regularly awards £150-500 for PHP failures. Also — s.202(1)(ba)/(bb) review of the steps in prevention/relief duty.
PHP contains unrealistic steps — what to do?
Request a revision (s.189A(9)). If the council refuses, s.202(1)(ba)/(bb) review. Example: «find PRS housing» in an area where there's no rental at LHA — unrealistic.
What if the council threatens an s.193B notice for «non-cooperation»?
There must be a prior written warning + reasonable period to comply (s.193B(4)–(7)). The notice must address your particular circumstances. You can s.202(1)(bb) review the notice itself.
I don't speak English — must they translate?
Equality Act 2010 + Code Ch 1+11 — reasonable adjustments. Translation / interpreter / accessible format are required. They cannot demand that you bring your own interpreter.