I would appreciate feedback on how other councils deal with this. I have a couple with a severely autistic son with behavioural problems to the extent they need a detached property in a fairly islolated situation. This is not disputed. They had a property, with full HB under the pre 1995 rules. When this tenancy ended, the Council told them they had no properties suitable for them and they would have to look in the private sector. They have found somewhere, but there is rent shortfall of £65pw. The Council have made a series of three monthly awards of DHP of £25, but under the provision that the couple are looking for alternative housing. Belatedly, Housing Dept and Social Services now involved. However, they have lived in the property for 18 months and the son - who needs stability - thinks of it as home. The Council are pushing them to move and it is recognised that they did not do enough when they lost their first home. Do Councils ever make long term awards of DHP? I have read the DWP 'best Practice' and they seem to have that power. Any Advice?

DHPs can be awarded indefinitely (subject to the qualifying conditions being satisfied & yearly "pool" limit). However, the "D" part of DHP means LAs don't have to pay anything at all.

But, given that it was the LA who (apparently) caused the problem in the first instance, I think you have a stronger argument than most applications for DHP. If the LA refuse further payments, ask them to explain why - the LA may well drop themselves in it by saying something along the lines of "...it's policy...". Such an explanation, or similar, would leave the LA open to JR on the grounds of fettering discretion.

Taking a slightly different tack; are there not grounds for making a claim for compensation? The LA appear to be suggesting they didn't do all they could in the first instance. Also, howabout trying to get the LA to rehouse the family - are they under any sort of duty in your clent's case?

I'd be tempted to get a specialist housing solicitor/adviser involved as there would be appear to a statutory threat of homelessness, priority need, local connection and therefore duties upon the LA under Homelessness Law. Any attempt for the LA to legally evict the family would take time and a good housing specialist would seem to have strong grounds to make reps to get a stay of execution even if possession is granted. LAs also have duties to prevent homelessness. Have a look on the CLS website if a housing specialist isn't already involved or contact the local law centre.

"When this tenancy ended, the Council told them they had no properties suitable for them and they would have to look in the private sector."

Another issue for a housing lawyer to explore is whether or not the LA created any kind of undertaking or implied contract to meet the housing costs. There may also be scope for judicial review of the LA's creation of a reasonable expectation of meeting housing costs which the LA is now reneging on.

And yes, there also appears to be a breach of the homelessness legislation - it sounds like the pending homelessness wasn't even considered as such by the LA.

Lack of suitable accommodation has never allowed a LA to avoid legal duties to people facing homelessness - but we all know too many LAs will try it on and get away with it far too often.

Contacting Shelter may be a good place to start.