Priority need

What is meant by priority need, and how advisers can help people who need advice on issues around priority need.

What the law says

When a young person makes a homelessness application, the council have to look into whether they have a priority need for accommodation when deciding if it has a duty to rehouse them.

When does a young person automatically have a priority need?

There are several automatic categories of priority need; any person will have a priority need if:

• they are 16- or 17-years-old, unless they are considered to be a 'relevant child' or a 'child in need' who is owed an accommodation duty by social services
• they are 18-, 19-, or 20-years old, and have been in care at some point after their 16th birthday, unless they are a 'relevant student'
• they are pregnant
• they have a dependant child
• they have lost their home as a result of fire, flood, or other disaster.

In the case of a 16- and 17-year-old, if there is any doubt as to whether they may be a 'relevant child' or 'child in need', the council should provide interim accommodation pending clarification. It should also have a joint assessment procedure with social services.

Does a young person have a priority need in any other circumstances?

If a young person does not fit into any of automatic categories of priority need, they will only have a priority need if they are classed as 'vulnerable'. Young people may be vulnerable if they have

• a mental illness or learning disability
• a physical disability or serious health problem
• been in care, the armed forces, or custody (see the hot topic on leaving custody for more information on young people leaving custody)
• left accommodation due to violence or threats of violence.

They can also be vulnerable for an 'other special reason'. This may be simply that they are a young person under 25 and have no existing support networks (for example, they are estranged from their family) that could help them cope with the practicalities and costs of finding and keeping accommodation.

When deciding if a young person is vulnerable, the council must focus on whether, if they became homeless, they would have difficulty coping, such that they would suffer harm or detriment that an average person would not. 'Coping', in this context, could include that the young person would have difficulty in finding and keeping accommodation.

What are the council's duties to a young person who has a priority need?

The council must have reason to believe that the young person may have a priority need in order to provide interim accommodation. Even if the council do decide that a young person does have a priority need, this does not necessarily mean that the council will have a full housing duty towards them (for example, the young person could be found intentionally homeless).

How can I help?

Write to the council

You can do this when the young person first presents as homeless to the council; this is especially advisable if you believe that the council may be reluctant to provide interim accommodation. Set out why the young person has a priority need and/or is vulnerable in your letter. The standard homelessness application letter can be adapted for these purposes.

You can also write to the council at a later stage before it has made a decision; it should take your letter into account as part of its inquiries.

Support the young person in gathering evidence

Although it is the council's duty to make enquiries into the young person's situation, it is advisable for the young person to give to the council any evidence that is available, or for you to enclose it when writing to the council (see the top tip on gathering evidence for more information). The following may be particularly helpful for establishing priority need:

• evidence of age
• evidence confirming that the young person has a dependent child (for example, a Child Benefit award letter)
• doctor's letter (for example, confirming health or mental health problems or pregnancy)
• letter from social services (for example, confirming care background, disability or mental health problems)
• evidence of violence or threats of violence (for example, police incident numbers).

Liaise between the council and social services

Sometimes, 16- or 17-year-olds can be sent back and forth between the council and social services, with neither accepting a duty. This can be very frustrating for both the young person and their adviser. In this situation you can:

• write to the council to remind it that it has a duty to take an application and provide interim accommodation until the matter is resolved
• arrange a case conference, attended by representatives from both the council and social services, to try to resolve the matter.

Request a review

If the council decide that the young person is not in priority need, but you believe that they are, then you can assist the young person with requesting a review of that decision. See the page on homelessness reviews for more information.