I have a 52 (approximate age) gentleman who is living at one of our properties. He had his benefits (unsure what he was getting) cancelled probably due to not supplying information when required which has subsequently resulted in his HB/CT being suspended then cancelled. He has now accured over £1300 in rent arrears. As far as we are aware the only income he is getting is the money from the general public when he is in the street (most days) playing his guitar (with no strings) or juggling, his appearance has also deteriorated. The problem I am having (also the visiting officers from the council) is that this gentleman presents with mental health problems and I am finding it impossible to have a logical conversation with him without him discussing it with a third person who is not there! He also says that he does not live at the property (although we know he is still resident there), he says that he owns 44 of the flats (although they belong to the HA) and he has also submitted a form to the council stating that he had died. I have tried to make a referral to Social Services but they will not accept as I do not have his consent and they advised that will need to prove limited mental capacity before they accept a referral but as far as I am aware to get that you need to go through a GP and again need tenant consent. I have also spoken with his electric supplier and they advised that he is not using enough electric as normal and concerns are that he is only using two light bulbs and no heating or cooking.
We have negiotated with the council and have a four weeks discretionary HB payment in place and are at court on Monday where we will ask for the case to be adjourned for four weeks. The problem is that after this time the HA will then have to go for possession of the property and as far as I am concerned this gentleman is vulnerable and I am unable to get any professional assistance for him. HELP PLEASE Jo

Hi Jo

Section 47 of the National Health Service and Community Care Act 1990 places a mandatory duty on Local Authorities to carry out a needs assessment of any person where they are aware that a person may be in need of services.

The threshold is very low. The LA only has to be aware to trigger the duty to assess. No formal referral is required. Sub section 5 also allows the LA to provide services prior to an assessment if the situation is urgent.

You should go back to the LA and push them. If you get nowhere then you can make a formal complaint to the local government monitoring officer. All LA’s are required to have one.

Regards
Paul

For benefits advice, try these providers located in the CLS directory:

Norfok and District CAB
Law For All

Both are within a 10 mile radius of Kings Lynn and, according to the directory, provide LSC funded specialist advice in benefits.