Local Connection
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Introduction
If a person is already homeless, but does not have a local connection in the area where the homeless application is being submitted, that council can refer the applicant to a different council if:
- the person has a local connection to another area; and
- the person is not at risk of domestic abuse or violence there.
The council that is approached by the applicant can make a referral at an early or later stage. The council must give the applicant a letter explaining that a referral has been made. The council receiving the referral then decides whether to accept the referral.
If the council recipient of the homeless application thinks the applicant might be in priority need, they must provide emergency housing while they wait for the other council to respond.
Section 198 of the Housing Act 1996 will allow the council (‘the notifying authority’) to refer a case to another housing authority (‘the notified authority’) at the point of the relief duty (Section 189B Housing Act 1996) or main housing duty (Section 193 Housing Act 1996). Before making a referral the notifying authority must decide if the conditions for referral are met. It should be noted that the council is not required to make enquiries as to whether, for example, an applicant has a local connection with another district and, where they decide to do so, there is no requirement to refer applicants to another housing authority if the conditions are met (i.e. referrals are discretionary only).
Definition of local connection
A person has a local connection with the district of a housing authority if that person has a connection with it because:
- they are a resident in the area;
- they are working in the area;
- they have family associations living in the area;
- they have a special circumstance related to the area;
- they have a refugee status or humanitarian protection; or
- they are care leavers.
The table below provides a description of each of the 6 circumstances.
| Local connection circumstances | Description |
|---|---|
| Resident in the area | An individual is considered to have a local connection if they are, or were in the past, normally resident there, and that residence was their own choice. Normal residence means “the place where at the relevant time the person in fact resides.” Residence in temporary accommodation provided by a housing authority can constitute normal residence of choice and can contribute towards a local connection. A person has a local connection if he/she has lived in a council area for at least 6 months during the previous 12 months or for 3 years during the previous 5 year period. |
| Working in the area | An individual is considered to have a local connection if they are working or self-employed in a council area. |
| Family associations living in the area | An individual is considered to have a local connection if any of the following family members have lived in a council area for at least 5 years at the date of the homeless application: partners, parents, adult children or siblings. They may include associations with other family members such as step-parents, grandparents, grandchildren, aunts or uncles provided there are sufficiently close links in the form of frequent contact, commitment or dependency. Family associations should be determined with regard to the fact-specific circumstances of the individual case. However, housing authorities should remain cautious in applying the 5 year period guideline to every case. For example, in cases of refugees or other recent arrivals to the UK, a housing authority should bear in mind that the relatives may not have had 5 years in which to build up a residence period in any district in the UK. |
| Special circumstance related to the area | Special circumstances might include the need to be near special medical or support services which are available only in a particular area. |
| Refugee status or humanitarian protection | An individual is considered to have a local connection to the last council area they were housed in by the Home Office under asylum support. Former asylum seekers provided with accommodation in Scotland have other specific requirements and applications. |
| Care leavers | An individual is considered to have a local connection if he/she is aged under 21 and was previously in care in the area for at least 2 years including some time before they turned 16 (even if placed there by another council). Also, an individual is considered to have a local connection to the area of the local authority that owes the person leaving care duties. |
The 6 circumstances described above form the local connection test that local councils should perform in order to establish whether the applicant has the required local connection.
Decisions about the application of the local connection test must be based on the facts at the date of the decision (or review of the decision), not the date of the homeless application.
If the applicant has a local connection with more than one area, the individual should indicate the preference regarding which council he/she would like to be referred to.
If it is determined that the applicant does not have a local connection with any area within Great Britain, the duty to secure accommodation or help to secure accommodation will rest with the housing authority that has received the homeless application.
Referral at the early stage
If the council decide the applicant is legally homeless and meets the immigration conditions, they can refer the individual to another council.
If the other council accepts the referral it must:
- assess the situation and provide a personal housing plan; and
- decide if the applicant qualifies for emergency or longer-term housing.
However, if the referral is refused then the council to which the homeless application has been submitted should take responsibility for the application.
Referral at the later stage
If the council decide the applicant meets all the qualifying conditions for longer-term housing they can refer the individual to another council in England, Scotland or Wales.
The individual must be provided with suitable housing by:
- the other council if they accept the referral; or
- the council where the homeless application has been submitted if the referral is refused.
It is quite common for an applicant to have to stay in temporary housing until longer-term housing is available.
Case Study example
Local Connection Case Study
- John is 36 years old and is submitting his homeless application.
- In the last year, John has lived in council X for 8 months.
- As such, John has a local connection to the area.
- If possible, John should gather and share with council X evidence that he has lived in the area for the last 8 months. Examples of evidence can be utility bills or bank statements in John’s name showing current and past residence, a tenancy agreement or council tax bills.
- In parallel, council X might check council tax records, the electoral register and other sources as confirmation.