Homelessness referrals for people in prison and on probation
Prisons and probation services have a duty to refer a prisoner or person on probation to a local authority if they are homeless or at risk of homelessness.
What is the duty to refer
Prisons and probation services must refer a person in prison or on probation to a local authority if they are homeless or threatened with homelessness. This is called the duty to refer.
Other public authorities also have a duty to make a referral for people they work with, including social services and jobcentre plus.
The person must give consent and can choose which authority they are referred to. The local authority should respond to all referrals it receives. The local authority must accept a homeless application if after contact with the person the authority has reason to believe they might be homeless or threatened with homelessness.
Who needs to make a referral
Staff in the following parts of the criminal justice system have a duty to refer:
prisons (public and contracted out)
all probation services
youth offender institutions and youth offending teams
secure training centres (public and contracted out) and colleges
The police do not have a duty to refer someone who is homeless or at risk of homelessness. They can still contact the local authority about someone who is homeless or assist someone to make homeless application.
Who is homeless or threatened with homelessness
A person does not need to be sleeping rough to be legally homeless. Homelessness can include where someone has accommodation but it is not reasonable to expect them to stay there.
A person is threatened with homelessness if either:
it is likely that they will become homeless within 56 days
they have been given a valid section 21 notice that expires within 56 days
Use our interactive tool to check if someone is homeless or threatened with homelessness.
Prisoners and people on probation who are at risk of homelessness
The policy framework for prison and probation staff says that prison and probation staff should consider referring someone who is:[1]
sleeping rough
sofa surfing
living in a squat
likely to become homeless within 56 days
due to be released within 56 days with nowhere to stay on release
living in transient and short-term accommodation with no identified move-on provision
When to make a referral
Prisons and probation should ensure that referrals are made as soon possible, so that a local housing authority has adequate time to act.[2]
Referrals following sentencing
The Probation Service Court Officers must make a direct referral to the local authority where:[3]
no immediate custodial sentence is imposed
a custodial sentence is imposed but it is deemed to have been already served because of the time spent in custody
In all other circumstances, the Probation Service Court Officers must notify the appropriate community Probation team that a referral under the duty to refer is required.[4]
Referrals while a person is in custody
A referral must be made if a person is about to be released and they are at risk of becoming homeless within 56 days. Paragraph 4.36 of the policy framework offers a step by step guide on how to make a referral in these circumstances.
A referral must be made if a person is being released within 7 days and there is a risk of them becoming homeless.[5] This includes when a person has been admitted to prison and will be released within 7 days.
A referral does not have to be made where:[6]
there is no risk of homelessness
the person will be in custody for 18 weeks or longer
Referrals of prisoners in the community and bail hostels
Housing needs are part of assessments in the community, including assessments of prisoners on licence.[7]
If the person is homeless or at risk of becoming homeless within 56 days, the person making the referral should check if they have previously received notification that a referral has been made. If no previous referral has been made, and the individual is homeless or at risk of becoming homeless within 56 days, a referral should be made within 24 hours. If a previous referral has been made, they should contact the local housing authority to discuss the person’s personalised housing plan.
Paragraphs 4.40-4.50 of the policy framework contain guidance on how to make a referral in these circumstances.
Referrals of prisoners from abroad
Prisoners from abroad who are classed as Foreign National Offenders (FNOs) are excluded from the duty to refer if they are:[8]
subject to deportation proceedings
‘of interest’ to the Home Office Immigration Enforcement
Which local authority to refer to
The person can choose which local authority in England they want to be referred to. The authority must respond to the referral regardless of whether the person has any local connection to that area.
Local authorities can check whether someone who is homeless has a local connection to their area as part of the homeless application process. The local authority cannot refuse to accept a homeless application because someone has no local connection.
If the person is homeless and has no local connection, they can be referred to an area where they do have a local connection. This is known as a local connection referral. A local connection referral cannot be made while the person is threatened with homelessness.
The person should be made aware that if they request a referral under the duty to to an area where they have no local connection, the authority might not have a duty to help with long term accommodation.
How to make a referral
Local authorities should provide a standard email address and point of contact for making a referral. A list of local authority email addresses for referrals is available on GOV.UK.
Some local authorities ask for a referral through a specific form or platform. A standard form is available on GOV.UK. This can be used if an authority has not provided information on referrals, or where a referral is being made out-of-area.
Referrals made on the standard referral form should not be rejected on the grounds of missing additional information. If the local authority refuses to accept the referral and indicates no further action will be taken, this must be escalated through the Homelessness Prevention Taskforces and Regional Accommodation Silver leads.[9]
Obtaining the person’s consent
The person must give their consent to a referral being made.
The policy framework for prison and probation staff contains a consent form template.
Special arrangements should be made for obtaining consent and explaining the process where the service user:[10]
does not speak English as their first language
has a visual or hearing impairment
has a cognitive impairment
Providing additional information
An organisation making a referral can include additional information about the person where this would be relevant. For example, whether someone is vulnerable or at risk of harm.
Prison and probation staff are advised against sharing any information in relation to:[11]
spent convictions
behaviour that led to a spent conviction
any other circumstances relating to a spent conviction, including information in risk assessments and discussions at MAPPA meetings
What the local authority should do on receiving a referral
The local authority should respond to the referral by contacting the person using the contact details provided by the referrer. If the person is in custody, the local authority should do this via the Prison Offender Manager or probation practitioner.[12]
If the person does not respond, the local authority should provide information on how they can access advice and assistance by phone, email or letter.[13]
Local authorities must ensure that the advice and information they provide on homelessness is designed to meet the needs of people being released from prison or youth detention accommodation.[14]
When the local authority must accept a homeless application
A local authority must accept a homeless application if it has reason to believe that someone who has applied for assistance might be homeless or at risk of homelessness within 56 days.
A referral under the duty to refer is not a homeless application. A local authority that has received a referral under the duty to refer should try to contact the person using the information provided. If the person wants assistance from the local authority and there is reason to believe they are homeless or at risk of homelessness it must accept a homeless application.
Find out more about local authority help for prisoners and people on probation.
Helping someone make a homeless application
In some situations, it might be better for someone working in a prison or probation service to assist the person in making a homeless application instead of making a referral. For example, if the person:
is sleeping rough
has support needs
is at immediate risk of violence or abuse
Applications can be made by someone else on behalf of a person who is homeless or threatened with homelessness. This could be someone acting in a professional capacity, including a probation officer or a support worker.
A local authority cannot insist that it will only accept a referral and not a homeless application. If the local authority refuses to accept an application, the person should get legal help to challenge this refusal. They might be able to get assistance under legal aid if they are financially eligible.
Last updated: 10 November 2022