Local connection

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

If you make a homelessness application and the council decides that you don't have a connection with its area, it may decide to send you to another area. It can only do this if you have a connection with another area and you are not at risk of violence there.

Can I be sent to another area?

The council may say that a different council should help you if it has decided that you are legally classed as homeless, eligible for assistance, in priority need and not intentionally homeless, but

• you don't have a local connection with the council's area and
• you have a local connection with another council's area and
• you are not at risk of violence in that area.

If you don't want to be sent to another area you should explain the reasons why and ask the council not to do so when you make your application.

The council should make enquiries into your situation and decide whether you fit all the other criteria before it looks into whether you should be sent to another area. It may have a duty to provide temporary accommodation for you while it makes these enquiries.

Do I have a local connection?

In deciding whether you have a local connection with its area the council has to look at whether you (or anyone in your household):

• have lived in the area and for how long
• have family connections in the area
• work in the area
• have a connection with the area for another special reason.

These categories are explained in more detail below. You only need to fit into one category in order to have a local connection. The council is not allowed to send you to another area if you don't have a local connection with any other area or if you are at risk of violence in the only area you have a connection with. Get advice if you are in this situation. Use our directory to find a local advice centre.

I live in the area

The council will usually consider that you have a local connection if you have lived in the area for a total of six months out of the last 12 months, or three years out of the last five years.

You must have lived in the area by choice in order to have a local connection. You may not have a local connection if you have only lived in an area because you have been in the armed forces, in prison or in a hospital.

I've got family in the area

Councils will usually consider you to have a local connection with an area if you have close family who have lived in the area for at least five years. Close family includes parents, children, brothers or sisters. It may also include other family members if you have a very close relationship (for example, if you were brought up by an aunt, uncle or grandparent).

I work in the area

If you work in the area you should automatically be considered to have a local connection with that area. However, if your employment is of a casual nature, it may not be enough to establish a local connection. Employment doesn't have to be full time and self-employed people can have a local connection if they mainly work in the council's area.

I have a connection for another reason

You may be able to show you have a local connection for other special reasons. For instance, you may need to live in an area to receive specialist health care, or for religious reasons. If you think this is the case, get advice to see whether you could argue that you have a local connection.

What happens if I don't have a local connection?

If you don't have a local connection, the council has to look into whether you have a local connection with another council's area. If it decides that you do, it can only refer you to the council for that area if your household is not at risk of violence there (see below). However, the council doesn't have to send you to another area, even if it is allowed to. The council you applied to may still be willing to house you.

If the council wants to refer you to another council, it has to inform you in writing. The decision letter must explain the reasons for the decision. It must also inform you that you have a right to request a review of the decision within 21 days.

How will the other council help me?

The second council will have to house you in the same way as if you had made your application there. When the council you are being referred to finds suitable temporary accommodation for you, you will have to move there.

What if the other council says it doesn't have to help me?

In some circumstances, councils may disagree about whether you should be sent from one area to another. If this happens, the council you applied to has to continue to help you until the disagreement is sorted out. It has to continue to provide you with accommodation until the council you are being referred to finds accommodation for you. It also has to continue to protect your personal belongings (if it is already doing so).

What if there's a risk of violence in the other area?

The council is not allowed to refer you to another area if anyone in your household is at risk of violence in that area. This includes violence from any person and threats of violence that are likely to be carried out. If you are in this situation, the council you applied to will have to help you unless you have a local connection with another area where your household is not at risk of violence.

The council should also not refer you to another area if you only have a local connection with the other area due to family connections and you don't want to be near your family.

What if I don't have a local connection anywhere?

If you don't have a local connection with any area at all, the council you originally applied to must help you.

What if I have a connection with more than one area?

If you have a local connection with more than one area the council should ask you where you'd prefer to go and take your preferences into account when deciding which area to refer you to.

What if I don't want to go to another area?

If you are referred to another area but you don't want to go, get advice immediately. An adviser can:

• check whether the council's decision was legally correct
• check whether you have a good case for getting the decision changed
• help with the review process
• help you to appeal further if your review is unsuccessful
• explain your alternative housing options.

Free, independent advice is available from housing aid centres, citizens advice bureaux or other local advice agencies. Use our directory to find details of agencies in your area.