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England

Priority need of people who have been in prison

A person has a priority need if they are vulnerable as a result of having spent time in custody. 

This content applies to England

Vulnerability because of time spent in prison

A person has a priority need if they are vulnerable as a result of having:[1]

  • served a custodial sentence

  • been committed for contempt of court or a similar offence

  • been remanded in custody

A local authority must provide interim accommodation if it has reason to believe that a homeless person might have a priority need.

A homeless person is only owed the main housing duty under a homeless application if the authority is satisfied they have a priority need.

Find out more about local authority help for people who have been in prison.

Assessing vulnerability of people who have been in prison

A person has a priority need if they are vulnerable due to time spent in custody. Someone who has been in prison might also have a priority need for other reasons, or for more than one reason.

A person who has been in prison might be vulnerable whether they become homeless on release or at a later date.

Vulnerability due to time spent in custody

The Homelessness Code of Guidance states that when deciding whether the person is vulnerable a local authority might wish to consider:[2]

  • the length of time spent in prison or custody

  • whether the applicant is receiving probation service supervision

  • the time that has passed since the applicant was released from prison or custody, and whether the applicant has been able to obtain and maintain accommodation during that period

  • whether the applicant has any existing support networks, such as family or friends

Additional factors might be relevant.

A local authority was entitled to find that a homeless man, who was a persistent offender and had spent many periods in custody, was not vulnerable on his last release from prison on the basis that he had not become institutionalised . He was not less able to cope with homelessness than an ordinary person if made homeless. [3]

Other categories of priority need

Someone who has been in prison might also have a priority need for other reasons.

Some people automatically have a priority need, including people with children living with them, pregnant women, people fleeing domestic abuse and certain care leavers under 21.

Other people have a priority need if they are vulnerable due to:[4]

  • old age

  • mental illness or learning disability

  • physical disability

  • having been in care and aged over 21

  • having served in the armed forces

  • fleeing violence or threats of violence (other than domestic violence)

  • some other special reason

Combination of factors

Someone who has been in prison might have a priority need because of a combination of factors. [5] For example, a person may be vulnerable because of time spent in custody in combination with a physical or mental disability.

Guidance on vulnerability of people who have been in prison

The Homelessness Code of Guidance states that people who have been in custody are likely to face additional barriers in accessing housing. They need targeted advice and information to help them to secure housing.[6]

A local authority should take into account any housing needs assessment which has been conducted by the probation service, prison service, youth offending team, criminal justice intervention team or a voluntary agency acting on behalf of these agencies.[7]

Intentional homelessness

The local authority looks at whether a person is homeless intentionally when deciding if it owes them a long-term housing duty. The courts have upheld decisions of intentional homelessness where the person lost accommodation either directly or indirectly as a result of going into prison.[8]

The Code of Guidance acknowledges that this is a difficult issue. Local authorities must not adopt blanket policies of assuming applicants to be intentionally homeless. Each case must be considered on the facts. [9]

Challenging priority need decisions

A local authority’s refusal to provide interim accommodation can only be challenged by judicial review. The person will need advice and representation from a solicitor. Challenging the refusal of interim accommodation through judicial review is in scope for legal aid.

A local authority must provide a decision in writing if it decides after its inquiries into the main housing duty that a person does not have a priority need. This decision can be challenged by an internal review. The request for a review must be made within 21 days of being notified of the decision.

Challenging a local authority through an internal review is in scope for legal aid.

Last updated: 30 January 2023

Footnotes

  • [1]

    art 5 Homelessness (Priority Need for Accommodation) (England) Order 2002 SI 2002/2051; paras 8.34 and 23.18 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [2]

    para 23.19 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [3]

    Johnson v Solihull MBC [2013] EWCA Civ 752.

  • [4]

    s.189(1)(c) Housing Act 1996; Homelessness (Priority Need for Accommodation) (England) Order 2002 SI 2002/2051; Hotak v Southwark LBC : Kanu v Southwark LBC : Johnson v Solihull MBC [2015] UKSC 30; para 8.13 Homelessness Code of Guidance , MHCLG, Feb 2018.

  • [5]

    para 8.40 of the Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [6]

    chapter 23 and para 23.9 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [7]

    para 23.22 of the Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [8]

    R v Hounslow, ex p R (1997) 29 HLR 939, QBD; Minchin v Sheffield City Council [2000] JHL D49, CA; Goodger v Ealing LBC [2002], CA; Stewart v Lambeth LBC [2002], CA.

  • [9]

    paras 23.23 and 23.24 Homelessness Code of Guidance, MHCLG, Feb 2018.